Terms of Use

All users of Web Add services, and all customers upon signing up for Web Add services, agree to comply with Web Add Terms of Use (TOU). The spirit of the TOU is to ensure customers are using Web Add's services with due regard to the rights of other Internet users and in conformity with the requirements of Web Add network environment. The TOU are not exhaustive and Web Add reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.webadd.in or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to enquiry@webadd.in. The TOU supersedes any other agreement with Web Add, whether written, oral, by conduct, or otherwise.

Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high resolution images etc. Content not used for a website cannot be stored in it's space. Only normal contents such as html pages, scripts, images related to website, database can be hosted in a shared space. Audio / Video and high resolution images storage is not allowed in shared accounts. Any violation found or reported to any of the above clauses will result in account suspension or termination with or without notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Web Add's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Web Add server, and selling or distributing software (on a web site residing on a Web Add server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. Web Add reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Sites that are advertised using SPAM cannot be hosted in our servers.

Mailing Policy

The following are the general mailing policy used in Web Add servers;

200 emails can be sent per hour. If you exceed beyond this limit, you will get a bounce back message. If you get such errors, please try sending after 1 hour.

Number of times you check to the mail server via POP3 / IMAP is restricted to 30. If you exceed this, you will get a failed login error. Connecting to mail server once in 10 min is ideal.

Catch all or default mail id must be set to fail. This is to avoid stacking of unnecessary spam mails in the server which finally results in large number of inode creation in the file system. This ultimately results in disk failure.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of Web Add services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Web Add services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Resource Usage

Email Disk Usage

Stacking large number of emails increases inodes and results in file system corruption. It also hinders various server level processes from functioning at normal load. Hence all mails has to be downloaded from the server then and there. Hosting accounts cannot be used as email storage space. Sites that use higher than this limit has to be upgraded to next available accounts such as corporate or semi dedicated account based on the usage. Failing to upgrade the account will result in suspension or termination of that particular website. Customer accounts such as personal, small biz and accounts under resellers can use disk space upto to 500 MB maximum including emails, website files, database etc.

Disk Space Usage

Customer accounts such as personal, small biz and accounts under resellers can use disk space upto to 500 MB maximum. Only files required for running of the website such as html,php etc can be hosted. Zip archives, downloads, videos, audio files and other software or warez downloads are strictly prohibited. Hosting space cannot be used for data storage or backup dumping. It cannot be used for file sharing, spam software downloads, software key downloads etc. Sites that use higher than this space limit has to be upgraded to next available accounts such as corporate or semi dedicated account based on the usage. Failing to upgrade the account will result in suspension or termination of that particular website.

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby Web Add continues hosting the website for an additional fee or upgrade to a higher account. Web Add will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be suspended / terminated without prior notice.

The following are the list examples of activities that are not allowed to be hosted in any account:

Scripts running bots, spiders, port scanners, mail blasters

Gaming servers, IRC relays

Peer to Peer sharing, File sharing

Calling include files as a URL rather than as a local file

Running bit torrent applications, trackers

A user may not exceed 20 % of total CPU usage for more than 100 seconds. Usually the reasons for such a spike in usage are poorly written php,cgi, perl or other scripts. If cron jobs are run, it must be scheduled at minimum of 15 min once and not less than that. Running MySql queries for more than 15 seconds is not allowed.

Sites that attract DDOS attacks or automated attacks cannot be hosted in any of the accounts. If found to violate such a term, the account will be immediately suspended / terminated without prior notice. The customer / reseller has to immediately change the name servers out of our servers.

Inodes

Inode count in a particular account may not exceed 75000. A single inode represents a file in your website ( Includes image, files, emails etc). Frequent creation and deletion of inodes is also prohibited. Most of the cases inode generation is too high due to default or catch all mail ids. It is better to keep them as :fail: which will avoid mails getting stacked up in the server thus increasing inodes creation.

Back Up

Web Add is in NO way responsible, for the management and backup of all your and your customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with Web Add services. You agree that you are solely responsible for maintaining back up of your website files, emails, database etc at your end.

General Backup Policy

This general backup policy is applicable only for customers and resellers who have purchased backup plans exclusively. This does not apply for customers who have not purchased backup plans exclusively.

Web Add backups run once in a week and the previous week's backup will be overwritten. The backup is mirrored to a secondary drive. This is done automatically.

Web Add does not verify or test whether individual items such as mail, database, website contents of a particular website is backed up completely or not.

Web Add will not be responsible for any incomplete backup of an account owing to instance but not limited to crashed mysql tables, disk usage of an account is more than 5 GB, too many files in email accounts etc.

Web Add will not be responsible for loss of backup due to virus infections, disk errors etc.

Web Add does not backup dedicated servers, cloud servers, windows shared / reseller hosting accounts. Customers are solely responsible for maintaining their own backup of mails, files, databases etc.

Bandwidth Usage

Per site should not exceed more than 5000 MB Bandwidth per Month in shared small biz, individual accounts under reseller account. Each account is allotted with certain bandwidth limit on monthly basis. In case an account should exceed the allowed limit, Web Add reserves the right to keep it suspended till the next bandwidth calculation period starts. Customer may be presented with options to upgrade to a higher account and / or purchase additional bandwidth. Web Add also reserves the right to terminate the account and charge you for the excess usage in your account.

Database Usage

Running queries which takes longer than 15 seconds are prohibited.

Mysql databases can be managed using php my admin available in the hosting control panels. Remote accessing of MySql database using local applications or programs is not allowed.

MS Sql database can be managed using web based control panel. Remote accessing of Mssql database is allowed only for static ip provided by the customer. Dynamic Ips cannot be allowed access to remote MSSQL database. The number of static ip allowed to access remote sql is maximum 2. Remote sql access is allowed only thro MSSQL studio and cannot be used by another local application. Accounts that are found to be abusing this term will be suspended / terminated immediately.

MSSQL access via programs is allowed only for IPs within our network. Programs cannot access databases outside our network.

To avoid MSSQL database abuse, creation of sql database in windows based control panels is disabled. You can create a ticket for creating databases in your members area which receives top priority and get it created. You can also request to create multiple databases at a time.

Database space is included along with the hosting account space. But to make sure that no single database monopolizes database server resource, any single database cannot be more than 150 Mb in space in shared / reseller hosting accounts. Sites that have databases which exceed such a limit will be offered with higher level package where in they can upgrade and keep using it. The customer has to either upgrade the account or cut down the usage in database.

Cancellations & Refunds

Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact Web Add Billing Team by creating ticket in the members area with proper payment details and account details. Cancellation requests must be received by Web Add a minimum of thirty (30) days prior to the end of your Billing Cycle. Web Add will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Web Add as soon as possible.

Strictly there are NO refunds for Mini, Nano / Economy Packages, Special Promotional Packages, Monthly Billed Packages, Discounted Packages or Coupons

Strictly NO refunds will be processed for package that are cancelled during the FREE period. [ For example, In a 2 +1 year pack, the last year is provided as FREE and hence no refund can be processed for/during that period ]

Strictly NO refunds will be processed if the account fee is not paid Full in advance before the account is setup

Strictly NO refunds will be processed if a refund is requested after 90 days from the date of order of the account

Strictly NO refunds will be processed if an account has violated the terms of service or involved in activities that has resulted in incurring charges to bring back services to normal

Strictly NO refunds will be processed if an account was involved in abuse / resource over usage previously

Domain Credits purchased cannot be refunded

Only first time accounts are eligible for refund. Accounts created by the same customer / related to the same customer will not be eligible for refund

Dedicated Servers and Cloud Servers are not eligible for any refunds.

All request for refund must be provided in writing by creating a ticket in the members area. Only refund request that does not fall under any of the above conditions will be responded or taken into consideration. The maximum refund possible is 50 % of account fee that is paid in full advance before account setup.

Setup fee [both levied or waived off ], Software costs, Administration costs, other third party expenses will not be refunded. Processing fee of Rs.250 will be charged for all refunds. Refund processing will take 90 days from the date of acceptance of refund by Web Add.

No refund will be paid as cash or check / bank transfer or deposit. Refunds are credited as hosting credits or domain credits only.

Reseller / Customer Responsibility

Resellers are responsible for servicing their clients. Web Add does not provide service to a Reseller's Client. If a client contacts us directly, we may put the account on hold till the reseller assumes service to that client. Reseller is responsible for his client's accounts and must make sure that it is secure and updated with out vulnerabilities such as old / outdate scripts, wrong folder permissions etc. Reseller is solely responsible for content stored and transmitted thro the accounts hosted under him.

Customers are required to use the Web Add network responsibly. This includes respecting the other customers of Web Add. Web Add reserves the right to suspend and/or cancel service with any customer who uses the Web Add network in such a way that adversely affects other Web Add customers.

While Web Add may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Web Add does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Web Add becomes aware of any violation of the TOU or other user agreements, Web Add may take any action to stop or correct such violation, including, but not limited to, denying access to Web Add services and equipment or to the Internet. In addition, Web Add may take action against a customer or a customer of such customer because of the activities of such customer. Web Add anticipates that customers who offer Internet services will cooperate with Web Add in any corrective or preventive action that Web Add deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Web Add policy and Web Add reserves the right to take any such action even though such action may affect other customers of the Web Add customer.

Web Add and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Web Add has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Web Add Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Web Add. Web Add MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Actions Taken by Web Add

The failure by a customer / reseller to meet or follow any of the TOU is grounds for account deactivation. Web Add will be the sole arbiter as to what constitutes a violation of the TOU. Web Add reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Web Add becomes aware of an alleged violation of its TOU, Web Add will initiate an investigation. During the investigation, Web Add may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Web Add may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Web Add will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Web Add does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Web Add.

Indemnification

Web Add customers agree to protect, defend, hold harmless, and indemnify Web Add, any third party entity related to Web Add (including, without limitation, third party vendors), and Web Add executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Web Add, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Web Add services.

Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Web Add services, either in whole or in part, without the prior written consent of Web Add.

Disclaimer

The Web Add service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Web Add expressly disclaims any representation or warranty that the Web Add service will be error-free, secure or uninterrupted. No oral advice or written information given by Web Add, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Web Add and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Force Majeure

Web Add will not be liable for delays in its performance of the TOU or Web Add services caused by circumstances beyond Web Add.s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively .Force Majeure.). Web Add will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Web Add and its customers. Each of Web Add and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for Web Add services, constitutes the complete understanding and agreement between Web Add and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Web Add, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Web Add services is between Web Add and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Web Add.

Minimum Age Requirement

Web Add customers must be at least 18 years of age. Any individual under the age of 18 years (.Minor.) must have a parent or guardian accept the TOU in order for the Minor to become a Web Add customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Web Add services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Web Add express written consent to the contrary. Any acceptance of the TOU or any other agreement for Web Add services will be deemed null and void to the extent that Web Add will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Web Add services.