About Bizwheel
The main component of a healthy environment for self esteem is that it needs be nurturing. It should provide unconditional warmth.
INTRODUCTION -
ADITYA, its affiliates and their successors and assigns (collectively referred to as "ADITYA") makes available the web hosting and related services described in ADITYA' published service descriptions subject to these Terms of Service (the "TOS"). For the purposes of the TOS, the word "you" means the individual requesting one or more services provided by ADITYA, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.
ACCEPTANCE OF TERMS -
• Capacity. You represent and warrant to ADITYA that you have the capacity to enter into a legal agreement in the province, state,
territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory
or country in which you reside, do not request services from ADITYA unless your parent or guardian enters into the TOS on your behalf.
• PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY ADITYA,
YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER
CONFIRMS YOUR ACCEPTANCE OF THESE TOS.
• You represent and warrant to ADITYA that your use of any service that it provides will not violate any applicable law or regulation in
the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from ADITYA.
YOU -
• Services
The services that you request from ADITYA by means of the online order form on the Site or otherwise in writing and which
ADITYA agrees to provide subject to these TOS are the "Services".
• Your Information
You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly
update such information to keep it true and current.
• Privacy
You have read ADITYA's Privacy Policy and consent to the use of your personal information as described therein. Click here to
view a copy of the Privacy Policy.
• Communications
ADITYA reserves the right to communicate with you regarding the Services and your use of the Site. You consent to
ADITYA's use of any contact information that you provide to ADITYA in doing so.
• Passwords
If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain
features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary
steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason
to believe that any password assigned to you has become known to or been used by any other person, you will inform ADITYA immediately.
• Changing Passwords
ADITYA may, at any time, change any username or password assigned by ADITYA to you, and ADITYA will notify you
when it does so.
• Insurance
You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by
persons acting prudently and engaged in similar activities as yourself.
DESCRIPTION OF SERVICES -
General.
1. Description. For each package of web hosting and related services that ADITYA makes available to its customers, ADITYA has prepared
and published a specification (each a "Service Description"). The Service Descriptions are available on https://www.ADITYA.in (the "Site").
2. Changes to Services. ADITYA may modify its services and the corresponding Service Descriptions from time to time. Please refer to the
Site for the most current Service Descriptions. ADITYA may also send an email notice of the change to its affected customers.
Hosting Services.
1. Any Service identified as a "Hosting Services" in its Service Description is a Hosting Service.
2. Hosting Environment. ADITYA shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the
servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire
suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of ADITYA's hosting
hardware.
3. Internet. ADITYA shall provide an Internet connection linking your hosted website(s) to the Internet. Click here to read more about
ADITYA's definition of "unmetered" bandwidth.
4. Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent
with the TOS. Click here to read more about the various methods that can currently be used to do so.
5. Routing. When ADITYA hosts a website on your behalf, ADITYA will route one or more domain names to that website. The exact number of
domain names that ADITYA will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service
Description for more information.
6. Backup. You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content
(as defined below) as a service, ADITYA's backup activities are primarily for ADITYA's own disaster recovery purposes, and that YOU ARE
RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your
Control Panel that allow you to back up Your Content. Please use these tools and backup Your Content frequently. ADITYA Automated Website
Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will
automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without
warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time
to ensure all of your data is backed up correctly and to notify us of any concerns you have.
7. Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one
of the following "Maintenance Windows": (i) between 12:00 a.m. and 3:00 a.m. (local time in Toronto, Ontario);
(ii) between 12:00 a.m. and
3:00 a.m. (local time in London, England); or
(iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a
Maintenance Window to use, ADITYA takes into account where the customers who may be affected by the maintenance activities are located
(based on the addresses given to ADITYA by the customers) and what would be the early hours of the morning for most of them.
8. Availability. A Hosting Service is "Available" if the: (a) the hardware being used to provide it is operating; and
(b) the Internet
connection provided as part of the Hosting Service is operational.
9. Measure. ADITYA will use reasonable efforts to ensure that the Hosting Services will be Available other than for "Scheduled Maintenance"
at least 99.9% of the time, measured monthly. Any maintenance or other work performed on ADITYA's technology infrastructure that takes
place during the Maintenance Window or with at least 48 hours' prior notice posted to the Site is "Scheduled Maintenance".
10. Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of ADITYA, and you will not
conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that ADITYA
will not be performing any maintenance activities during that Maintenance Window.
11. Free Domain Name. If the cost of registering or renewing a single domain name for one year is included in the annual Fees that you are
being charged for a Hosting Service (see the applicable Service Description to find out if it is included and the eligible types of domain
names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name
and available, ADITYA will register or renew (as applicable) the domain name for you. If ADITYA does so and you continue to subscribe to
such Hosting Services for a period of at least 12 months, ADITYA will not charge you its then-current fee for registering or renewing a
domain name (as applicable). HOWEVER, IF THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN
NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, ADITYA WILL CHARGE
YOU AND YOU ARE REQUIRED TO PAY ADITYA'S THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).
Domain Names Registration Services.
1. Assistance with Registering Only. ADITYA may assist you to register one or more top-level or second-level domain names (the "Domain
Name Registration Service"). For each such domain name registered ADITYA's involvement ends with the registration. You will be the
registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the
applicable registrar (https://ADITYA.supersite2.myorderbox.com/support/legal.php?requestfor=registraragreement&from=agree_page). Please
note: you are also bound by ICANN's rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
2. Maintenance of Domain Names.You are responsible for the ongoing maintenance, control and use of any domain name registered in your name
and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with
the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE;
AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. ADITYA IS NOT RESPONSIBLE FOR DOING SO.
3. Please note that: (i) ADITYA is not able to guarantee that a proposed domain name is available for registration or that a registrar
will register it; (ii) ADITYA will not assist with the registration on your behalf of a proposed domain name in any top-level or
second-level domain unless expressly directed by you to do so; and (iii) ADITYA may but is not obligated to inform you of any proposed or
new top-level or second-level domains.
4. Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant's name and contact
information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name
Registration Service to register the domain name, you are responsible for informing ADITYA in writing prior to the registration of the
domain name that you wish to take advantage of the registrar's privacy service. You acknowledge that the privacy service is provided by
the applicable registrar, not ADITYA.
5. As is. Assistance with registering domain names and securing related privacy services is provided "as is" and without any warranties,
representations or conditions whatsoever.
6. Domain Redemption Fee: If your domain was registered with ADITYA and has expired, but you wish to recover the domain, ADITYA may be
able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within
the redemption period, ADITYA must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain
redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next
year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public
after the redemption period completes. Only domains that have been registered with ADITYA can be re-registered after expiration of the
domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain
from the redemption period.
Resale
If you have received written permission from ADITYA to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If ADITYA is contacted directly by any such client, ADITYA may suspend all or part of the Services that it is providing to you. If ADITYA does so, ADITYA will give you notice of the suspension and the reason for the suspension. Once you have satisfied ADITYA that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, ADITYA will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
Additional Services
Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that ADITYA in its sole discretion provides ("Additional Services") are deemed to be Services provided pursuant to these TOS, and they will be provided at ADITYA's then-current rates.
Support
1. FAQs. ADITYA maintains a list of frequently asked questions and technical support articles relating to the Hosting Services on the
Site.
2. Technical Support. ADITYA will provide technical support relating to the Hosting Services via its help desk. The help desk aims to
provide technical support 24/7/365. The help desk can be reached by: (i) email; and/or (ii) Ticket system. The email address and the
ticketing system that you should use are set out on the Site.
3. Verifiable. ADITYA will use commercially reasonable efforts to resolve each problem reported to ADITYA's help desk and verifiable
as being a problem or deficiency with the Hosting Services.
4. Assistance. When you report a problem to ADITYA's help desk, you will provide: (i) any assistance reasonably necessary to allow
ADITYA to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
5. Billing. Billing and account support is available via the web-based tool that ADITYA provides to you to manage your account. The
tool and the hours that apply to your jurisdiction are available on the Site.
CONTENT
• Intellectual Property. No intellectual property rights are transferred by ADITYA to you by these TOS.
• Your Content. "Your Content" means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to ADITYA and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable ADITYA to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
• Monitoring Your Content. Although ADITYA is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, ADITYA reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.
ACCEPTABLE USE
• Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use
the Services or ADITYA's technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the
creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate
use includes any use or behaviour that may: (i) jeopardize ADITYA's products, services, technology infrastructure or ability to operate;
or (ii) expose ADITYA to civil liability.
Unlawful, illegal or inappropriate use includes use of the Services to:
1. possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
• include child pornography;
• promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other
content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and
banner exchanges;
• infringe any person's copyright or other intellectual property right (including unlicensed or improperly licensed applications, music,
games or other materials);
• wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to
promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
• promote or advocate human trafficking in any way as determined at our sole discretion;
• promote prostitution or escort services;
• promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and
regardless of your citizenship or the legality of such activities within your country or jurisdiction;
• promote or sell illegal drugs or drug paraphernalia;
• advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks
programs, bank debentures/bank debenture trading programs or related sites;
• can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners,
bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
• include any form of malware;
• make threats to a person's safety or property;
• defame other persons;
• interfere with the services that ADITYA provides to its other customers;
• interfere with, disrupt or damage the servers used by ADITYA to provide such services, those of ADITYA's suppliers or those of
ADITYA's other customers;
• impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
• wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access
controls used by anyone to gain unauthorized access to anyone's technology infrastructure or distributing computer programs designed to
assist in doing so;
• operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not
limited to sites listed at aa419.org and escrow-fraud.com;
• broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
• operate cryptocurrency / bitcoin miners;
• undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any
laws relating to:
• the export of data or software;
• the protection of human rights;
• the promotion of hatred;
• defamation;
• criminal offences;
• the protection of intellectual property; or
• including the sending of commercial electronic messages without consent from the recipients.
• Unacceptable uses of the Services or ADITYA's technology infrastructure may also include but are not limited to hosting materials
or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or
archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial
numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of
ADITYA's technology infrastructure. ADITYA will be the sole and final arbiter as to what constitutes a violation of this policy.
Disruptive Uses -
You may not use the Services or ADITYA's technology infrastructure in any manner that interferes with or disrupts
ADITYA's other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of
these TOS and ADITYA may exercise its rights under section 6.6 including to suspending Services:
1. generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically
generated by ADITYA's other clients who have purchased similar hosting services;
2. generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by ADITYA's
other clients who have purchased similar hosting services;
3. on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of
network traffic typically generated by ADITYA's other clients who have purchased similar hosting services;
4. even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers,
bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or
community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
5. using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were
purchased (for example, using SSD storage for data warehousing, email storage, backups of emails accounts, backups of all or part of any
computing, telecommunications or mobile device or other forms of mass data storage); or
6. the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any
recipient without the recipient's consent
7. No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a ADITYA server is not tolerated.
This includes any email that promotes websites hosted on a server located on the ADITYA network, but which is sent from an email address
not associated with a ADITYA account.
Responding to and addressing copyright complaints is a time consuming process. From time to time, ADITYA scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, ADITYA may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from ADITYA's servers, it is a breach of this section 6.3 and ADITYA may exercise its rights under these TOS including section 6.6 and section 5.3.
• ReportingIf you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.
• InvestigationADITYA reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with ADITYA when asked to assist in any such investigation.
• BreachesIf you breach this section 6, it is probable (in ADITYA's sole discretion) that you have breached or it is likely that you will breach this section 6 (also in ADITYA's sole discretion), ADITYA in its sole discretion may suspend or revoke your access to the Services or ADITYA's technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.
• Others BreachesADITYA assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
IP ADDRESSES -
ADITYA may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by ADITYA or its representatives in connection any Services. ADITYA or its suppliers may change any such address at any time, but ADITYA will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
PAYMENT -
• Fees
The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the "Fees"). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, ADITYA will give you at least 30 days prior written notice of any increase to the Fees.
• PromotionsFrom time to time, ADITYA may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
• ExpensesUnless expressly set out otherwise in an applicable Service Description, you will reimburse ADITYA for all registrar's fees or other related expenses incurred by ADITYA in relation to any third-party service described in section 4.3.
• TaxesYou will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on ADITYA's net income.
• Payment of FeesADITYA accepts payment by credit card (Visa, MasterCard or American Express) and by PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.
• In AdvancePayment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
• Additional ServicesFees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
• Automatic ChargingWhen ADITYA is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card or PayPal account that ADITYA has on file for you and you authorize ADITYA to do this. ADITYA will send an invoice for these amounts to the email address that it has on file for you before doing so.
• ChargebacksPlease note that should any amount that you pay by credit card or PayPal be charged back to ADITYA, you will incur an add itional Fee of $25.00. The payment will not have been received by the due date, and: 1. ADITYA may restrict, suspend or terminate the affected Services; and 2. the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, ADITYA shall be entitled to recover its collection costs, including legal fees and expenses.
TERM -
Term
This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this Agreement (the "Term").
SUSPENSION AND TERMINATION -
Suspension
If you breach of these TOS, ADITYA may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to ADITYA satisfaction that you have taken steps to prevent future breaches of the TOS, ADITYA will lift the restriction or suspension. ADITYA will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in ADITYA's sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
By YouYou may terminate any Service at any time by using the web-based tool that ADITYA provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.
By ADITYA ADITYA may terminate any Service by giving you at least 30 days written notice of the termination date. ADITYA may
terminate this Agreement immediately and without prior notice to you:
1. if you breach section 6 (Acceptable Use);
2. if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or
3. if you breach any other section of these TOS and do not cure that breach within 15 days.
Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.
RenewalsServices purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give ADITYA written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at ADITYA's then current rates for such Services.
WARRANTIES AND DISCLAIMERS -
THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE HOSTING SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, ADITYA EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE HOSTING SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATIONS OF LIABILITY -
Limit
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ADITYA (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU, THE CLIENT, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY YOU, THE CLIENT, DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH YOU, THE CLIENT, MAKE YOUR FIRST CLAIM FOR DAMAGES.
Indirect DamagesADITYA (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR WHETHER ADITYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. o Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, ADITYA's total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.1.
Allocation of RiskYou (the Client) and ADITYA understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to ADITYA reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
h4> INDEMNIFICATION -
You agree to indemnify and hold ADITYA and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.
AGREEMENT
Entire AgreementThese TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
SeverabilityShould any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
WaiverNo waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
InterpretationThe headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".
ASSIGNMENT -
TOS
You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of ADITYA. Any other attempted transfer or assignment of rights hereunder shall be null and void.
Domain NamesThese TOS do not restrict your ability to transfer any domain for which you are the registrant. If ADITYA is the registrar for the domain name, please request our "domain name transfer instructions" by sending an email to support@ADITYAsupport.com. We will send you the specific details and information about transfer of ownership.
ADITYAADITYA may assign its rights and obligations hereunder without your prior consent.
NOTICE -
Notice
Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to ADITYA when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to ADITYA pursuant to the TOS will be in writing and sent to ADITYA at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by ADITYA to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
OTHER -
Governing Law
This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the courts of Ontario, Municipality of Halton and City of Burlington.
Independent ContractorsThe relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.
Force MajeureNeither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
AMENDMENT -
ADITYA may change the TOS from time to time and at any time. When ADITYA changes the TOS, ADITYA will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.
As well, ADITYA may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If ADITYA does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from ADITYA and instruct ADITYA to disable any password for the Site assigned to you.
ADITYA reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.
Privacy Policy -
ADITYA prides itself on protecting your privacy and supporting a safe online experience. This Privacy Policy outlines the information we collect and how we use it. Translations are provided for convenience for non-English customers; however, the English version located at www.ADITYA.in/terms will take priority in the event of any discrepancies. ADITYA is governed by the Personal Information Protection and Electronic Documents Act, the EU General Data Protection Regulation (GDPR), and any other relevant data protection regulations that may apply in the regions we operate in. By using the ADITYA website, you consent to the data practices described in this Privacy Policy. What this Privacy Policy covers
This policy covers the information ADITYA collects and how we use it. It also outlines the steps ADITYA takes to protect that information, how to contact us, and how we comply with relevant data protection regulations such as the GDPR. Under the GDPR, ADITYA is a data controller for the information we collect from you. In certain cases, we are also a data processor for data collected by our clients; for more information on client-collected data, please see “Information collected by our customers” below. What information we collect.
We collect information from you in order to deliver services that you purchase and to monitor and improve the customer experience on our website. The data collected may include your name, email address, postal address, telephone number(s), and billing information such as credit card numbers. It may also include marketing preferences, survey and contest responses, and information you provide through online chats, telephone calls, and support tickets with us. ADITYA services are intended for business use, and ADITYA does not knowingly market to or collect personal information from people under the age of 18.
How we collect informationADITYA collects personally identifiable information in a variety of ways, including but not limited to: online order forms, online chats, telephone calls, market research surveys, and customer support tickets. Certain information about your computer hardware and software may also be automatically collected through tools such as Google Analytics. This information can include your IP address, browser type, domain names, access times, and referring website addresses. ADITYA may also collect information from third parties as required in order to provide you with products and services. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through ADITYA’s blog or social media pages, this information may be collected and used by others.
How we use your information •Provision of ServicesADITYA collects and uses your personal information to operate the ADITYA website, to deliver the services you have requested, and to inform you of other products or services available from ADITYA and its affiliates. This includes sharing your information with trusted third parties, as explained below. If you elect use a service that provides you the ability to import your personal contacts or related information (i.e. OnePlan Connect), ADITYA will not use this information for commercial purposes except to provide that service.
Third-Party ServicesADITYA offers certain products and services in conjunction with or through trusted partners, sponsors, and affiliates (“Third-Party Services”). These services may be available for an additional fee, or they may be included for free or as a portion of a larger bundle of services. In order to properly set up these services (and, where needed, integrate them with any services you may have), we may need to share certain information you have provided to us with these Third-Party Services. For payments or other monetary transactions, ADITYA must share your personal information (specifically your billing information) with our payment processor. In all cases, we share only information that is required to set up and operate these services. Third-Parties are not permitted to use, keep, or share your data except for the specific services they have been contracted to provide.
Business ContinuityShould ADITYA become part of a merger, acquisition, corporate reorganization, or any other change of control, your personal information will be included in ADITYA’s sale of business assets. This means that it could be shared with ADITYA’s new owners, or with a new business that ADITYA acquires. If this happens, ADITYA will make reasonable efforts to notify you and inform you of any choices you may have about the information you shared with us.
Web AnalyticsADITYA keeps track of the websites and pages our customers visit within ADITYA in order to determine which ADITYA services are the most popular. This data is used to deliver customized content and advertising within ADITYA to customers whose behaviour indicates they are interested in a particular subject area. Data may also be used to determine the effectiveness of promotional campaigns and advertising.
CommunicationsADITYA may contact you regarding services you have purchased from us to deliver information, updates, notices of functionality changes, upcoming payments, and planned service maintenance. We may also contact you with newsletters, announcements, and special offers we think you may find valuable. You can withdraw your consent to receive these communications at any time. ADITYA may display targeted advertising to you. For more information, please see “How we use cookies” below.
Legal DisclosureADITYA, its affiliates, trusted partners, and sponsors may be required to disclose or process any personal information we collect in order comply with legal, regulatory, and law-enforcement requests (like court orders or for taxes), especially to protect ADITYA, our customers, or the public.
Domain RegistrationIn order to register domain names, personal information collected during your purchase must be provided to the registrar responsible for processing your request, as per the registrar’s rules and the rules set out by the Internet Corporation for Assigned Names and Numbers (ICANN) and/or the relevant domain name registry. This information goes into a searchable database (WHOIS). Access to WHOIS information may be limited but you can help protect yourself by opting out of displaying your personal information through the purchase of a Domain Privacy service (some domains are not eligible for this service).
Our legal basis for processing your informationContract: Your personal information is necessary for providing the services you requested. This includes payment and setting up the services, and also the assistance and support we provide to make sure your services are working properly.
Consent: From time to time ADITYA may send you announcements and special offers. You can withdraw your consent for these communications at any time by clicking the unsubscribe link on any email you no longer wish to receive, or by contacting our Data Protection Officer by emailing us at support@ADITYA.in.
Legal Obligation: ADITYA may be required to process any personal information we collect in order comply with legal, regulatory, and law-enforcement requests.
Where we store your informationThe data we collect is stored primarily in Canada and is regulated by the Personal Information Protection and Electronic Documents Act (PIPEDA). Canada has been recognized by the EU as providing adequate data protection (as per article 45 of Regulation (EU) 2016/679), which allows personal information of EU residents to be freely transferred to Canada. As ADITYA works with a number of US-based partners, we also transfer (in accordance with Article 45 of the GDPR) personal information to companies that have certified their compliance with the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks.
How we protect your informationADITYA secures the information we collect on servers in a controlled, secure environment. We maintain safeguards to protect against unauthorized access, use, modification, and disclosure of this data. Where possible, ADITYA uses industry-standard SSL encryption when communicating your data. ADITYA also ensures that all customer websites have free access to SSL certificates from“Let’s Encrypt.” However, no data transmission over the Internet or wireless network can be guaranteed 100% secure. While we strive to protect your personal information, there are security and privacy limitations of the Internet which are beyond our control. Information and data may be viewed or tampered with in transit by a third party, despite best efforts.
How we retain your informationADITYA will retain your personal information for as long as your ADITYA services are active.Once your last service has been cancelled,
ADITYA will:
• Retain certain information stored directly on the hosting server for 40 days. Data stored by third-party services may be retained for
shorter or longer periods depending on the service; please contact us for details on specific services.
• Retain certain information stored in other systems for up to 7 years for potential auditing purposes and to enable us to maintain
accurate business, tax, and financial records.
ADITYA may retain personal information longer in order to comply with specific legal requests or obligations. When personal information
is no longer required, we will ensure it is deleted.
How we transfer your information
If you visit ADITYA or its websites from a country other than the country in which our servers are located, your communications with
ADITYA may result in the transfer of information across international borders. This may also happen if you telephone us or start an
online chat. In all cases, your information will be handled under the terms of this Privacy Policy.
You may request access to review, update, and correct any inaccuracies in your personal information by contacting our Data Protection Officer by emailing us at support@ADITYA.in. We may ask you to provide personal information in the form of answers to security questions in order to verify your request. You can also access and update much of your personal information through the ADITYA Dashboard in the My Profile section. Please ensure you always keep your contact and billing information current with us. You also have the right to request that we delete your personal data. We will honor the request to the extent possible under our legal and contractual obligations. Please keep in mind that deleting your data may stop your ADITYA services from working properly or at all.
How we use cookiesADITYA uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize ADITYA pages, or register with a ADITYA site or service, a cookie helps ADITYA recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ADITYA website, the information you previously provided can be retrieved, so you can easily use the ADITYA features that you customized. Some cookies are necessary for ADITYA sites to work properly, such as the cookies which indicate you’ve successfully logged into your account. Some cookies, like the ones used by Google Analytics, help us see how visitors use our sites. Others are used to customize your advertising experience. If you visit a ADITYA website with a browser that has cookies enabled, you are letting us know that you agree to us using cookies with your browser.
You can modify your browser settings to delete or block cookies. You will need to see the “Help” section of your browser for instructions on how to do this. You could also install plugins that block or manage cookies. If you do decide to limit your browser’s ability to use cookies, please remember that ADITYA sites may not function properly.
Information collected by our customersADITYA customers may collect data from people who visit their sites, regardless of whether a purchase is made. ADITYA customers are responsible for ensuring they are complying with all legal and privacy regulations, including but not limited to the European GDPR. ADITYA does not have a direct relationship with our customers’ visitors or users. If you would like to make any requests regarding personal information that has been collected by a ADITYA customer, please contact them directly. This applies to any kind of request, whether to access, correct, amend, or delete information. If the customer asks ADITYA to remove any personal information we will respond within thirty (30) days.
Links to Third-Party SitesYou may be able to access other websites that have links on ADITYA websites, where you can purchase products and services or register to receive materials or new product updates. In many of these cases, you will be asked to provide personal information such as your name, ADITYA reserves the right to modify this Privacy Policy at any time. Please check back regularly to make sure you are aware of any changes and to stay informed of how we are protecting your information.
How to contact us
We welcome your comments regarding this Privacy Policy. If you believe we have not adhered to this Privacy Policy or you require any
changes or access to your personal information, please contact our Data Protection Officer by emailing us at support@ADITYA.in
Alternatively, you can contact us in writing at:
ADITYA
5, Ground floor, Bidwai House, Edalji Road,
Charai, Thane West, Maharashtra 400601
We will use commercially reasonable efforts to promptly determine and remedy the problem.