All users of dristi’s services, and all customers
upon signing up for dristi services, agree to comply with
dristi's Terms of Use (“TOU”). The spirit
of the TOU is to ensure customers are using dristi's services
with due regard to the rights of other Internet users
and in conformity with the requirements of dristi's network
environment. The TOU are not exhaustive and dristi 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.dristihosting.com
or notification of the modified TOU. Any complaints
about a customer’s violation of the TOU should
be sent to
The TOU supersedes any other agreement with dristi, whether
written, oral, by conduct, or otherwise.
A. dristi Web Hosting & E-commerce
Customer Restrictions
The following Terms of Use apply only to dristi’s
Web Hosting and E-Commerce customers, and supplement
the terms in sections C and D that apply to all dristi
customers:
Support
dristi offers support through email and automated
service engine. dristi does not guarantee or apply any
time limit for offering such support.
Phone support is available only for corporate accounts
and dedicated servers alone.
Server Resources
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 dristi continues hosting the website
for an additional fee.
dristi 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 shut
down without prior notice.
Domains
dristi is not responsible for the domain availability results shown in website and all the domain registrations are subject to registrar's approval.
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 dristi'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 dristi
server, and selling or distributing software (on a web
site residing on a dristi server) that facilitates spamming.
Violators will be assessed a minimum fine of Rs.10000
and will face immediate suspension. dristi reserves the
right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
CGI Scripts / PHP / ASP / and other
scripts
Any scripts that pose a potential security risk or are
deemed to be adversely affecting server performance
or network integrity will be shut down or will be automatically
removed without prior notice. dristi does not permit CGI
Scripts / PHP / ASP / and other scripts sharing with
domains not hosted by dristi or any scripts that may be
abused for UCE purposes.
Chat Rooms
dristi does not allow Web Hosting and E-Commerce customers
to install their own chat rooms. Chat rooms tend to
require significant system resources and therefore cannot
be permitted as an account option.
IRC
dristi does not allow IRC or IRC bots to be operated by
Web Hosting and E-Commerce customers.
Software Distribution
dristi's Web Hosting and E-Commerce accounts are
not configured for the purposes of distributing software
and/or multimedia products. If you wish to distribute
software and/or multimedia files, please contact
to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio,
and video files. dristi Web Hosting and E-Commerce accounts
are not to be used for the purposes of distributing
and storing unusual amounts of multimedia files. Any
web site whose disk space usage for storing multimedia
files exceeds 30% of its total usage, in terms of total
size or number of files, will be considered to be using
an unusual amount of multimedia files.
Adult Content
dristi does not allow the follow material to hosted
in any form.
dristi do not allow any of the following content to be
stored on its servers:
Illegal Material - This
includes copyrighted works, commercial audio, video,
or music files, and any material in violation of any
Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The designation
of "adult material" is left entirely to the
discretion of dristi.Warez
- Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide
"links to" or "how to" information
about such material.
B. dristi Dedicated Server Customer
Restrictions
The following Terms of Use apply only to dristi’s
Dedicated Server customers, and supplement the terms
in sections C and D that apply to all dristi's customers:
Customer Security Responsibilities
The customer is solely responsible for any breaches
of security affecting servers under customer control.
If a customer's server is involved in an attack on another
server or system, it will be shut down and an immediate
investigation will be launched to determine the cause/source
of the attack. In such event, the customer is responsible
for the cost to rectify any damage done to the customer's
server and any other requirement affected by the security
breach.
IRC
dristi does not allows Dedicated Server customers the
use of IRC in dristi Network.
Billing for Network Resources
The customer understands that the customer is responsible
for paying for any network resources that are used to
connect the customer's server to the Internet. The customer
may request that the customer's server be disconnected
from the Internet, but the customer will still be responsible
for paying for any network resources used up to the
point of suspension or cancellation.
C. All dristi Customer Terms of Use
The following Terms of Use apply to ALL dristi
customers:
dristi Services
dristi’s services include, but are not limited
to:
any act of preparing, setting up, connecting, maintaining,
terminating, or reconnecting customers’ account
(including all billing data and the space on the particular
Web server that dristi provides to customers);
any use by customers, or any access provided to customers
by dristi, of computing, telecommunications, software,
information, hardware, and equipment;
any act, or provision of any service, by dristi to customers,
related to web hosting and domain name registrations
(including server usage and technical support), regardless
of duration and whether paid for or not;
any provision by dristi to customers, of any space, Internet
connectivity, or electrical power;
any access or use related to the dristi’s web site,
including the web site itself;
any other service mentioned in the TOU;
any other service provided by dristi to customers, whether
used or not;
any other dristi services that are used by customers,
whether offered or provided by dristi to customers.
Ownership of Web Site
The legal owner of customers’ web sites
and accounts with dristi will be the individual or organization
whose name is listed in dristi’s database as the
owner. Customers will fully cooperate with and abide
by any and all of dristi’s security measures and
procedures in the event of any dispute over ownership
of customers’ web sites and accounts with dristi.
Illegal Use
dristi servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or
material in violation of any applicable law or regulation,
or that may directly facilitate the violation of any
particular law or regulation is prohibited. This includes,
but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights
used without proper authorization; material that is
obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Additionally, in purchasing
dristi services, all dristi customers certify that they
and/or the organization they represent in procuring
services from dristi are not, nor have been designated,
a suspected terrorist as defined by the Constitution
of India; are not owned or controlled by a 'suspected
terrorist' as defined by the Constitution of India;
and are not on, are not a member of, related to, associated
with, or controlled by any organizations listed as terrorist
by the Govt. Of India.
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 dristi’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 dristi
server, and selling or distributing software (on a web
site residing on a dristi server) that facilitates spamming.
Violators will be assessed a minimum fine of Rs.10000
and will face immediate suspension. dristi reserves the
right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
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 dristi’s 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 dristi’s services
and equipment (or any connected network, system, service
or equipment) or conduct their business over the Internet.
Privacy
dristi is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more
nor less secure than other means of communication, including
mail, facsimile, and voice telephone service, all of
which can be intercepted and otherwise compromised.
As a matter of prudence, however, dristi urges its customers
to assume that all of their on-line communications are
insecure. dristi cannot take any responsibility for the
security of information transmitted over dristi's facilities.
Customer Responsibility
Customers are required to use the dristi network responsibly.
This includes respecting the other customers of dristi.
dristi reserves the right to suspend and/or cancel service
with any customer who uses the dristi network in such
a way that adversely affects other dristi customers. While
dristi may monitor its service electronically to determine
that its facilities are operating satisfactorily, as
a general practice, dristi does not monitor its customers'
communications or activities to determine whether they
are in compliance with the TOU. However, when dristi becomes
aware of any violation of the TOU or other user agreements,
dristi may take any action to stop or correct such violation,
including, but not limited to, denying access to dristi’s
services and equipment or to the Internet. In addition,
dristi may take action against a customer or a customer
of such customer because of the activities of such customer.
dristi anticipates that customers who offer Internet services
will cooperate with dristi in any corrective or preventive
action that dristi deems necessary. Failure to cooperate
with such corrective or preventive measures is a violation
of dristi policy and dristi reserves the right to take any
such action even though such action may affect other
customers of the dristi customer.
dristi 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 dristi 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 dristi Service. You acknowledge and agree that
no compensation shall be payable whatsoever with respect
to the aforesaid by dristi. dristi MAKES NO WARRANTY THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE.
Actions Taken by dristi
The failure by a customer to meet or follow any of the
TOU is grounds for account deactivation. dristi will be
the sole arbiter as to what constitutes a violation
of the TOU. dristi reserves the right to remove any account
without prior notice and to refuse service to anyone
at any time. When dristi becomes aware of an alleged violation
of its TOU, dristi will initiate an investigation. During
the investigation, dristi may restrict a customer's access
in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation,
dristi 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, dristi 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. dristi 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 dristi.
Indemnification
dristi customers agree to protect, defend, hold harmless,
and indemnify dristi, any third party entity related to
dristi (including, without limitation, third party vendors),
and dristi’s executives, directors, officers, attorneys,
managers, employees, consultants, contractors, agents,
parent companies, subsidiaries, and co-subsidiaries
with the same parent company as dristi, 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
dristi’s services.
Disclaimer
The dristi 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. dristi expressly disclaims any representation
or warranty that the dristi service will be error-free,
secure or uninterrupted. No oral advice or written information
given by dristi, its employees, licensors or the like,
will create a warranty; nor may you rely on any such
information or advice. dristi 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.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition
is filed by the customer, or any third party against
the customer, dristi may immediately terminate provision
of dristi’s services to the customer without prior
notice or penalty. Such customer consents to the grant
of relief from any automatic stay of proceedings against
dristi in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL
dristi (INCLUDING, WITHOUT LIMITATION, dristi’S EXECUTIVES,
DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY
AS dristi, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS,
LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING dristi’S SERVICES, BE
LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS
OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE,
COSTS OF SUBSTITUTE PRODUCTS AND/OR dristi SERVICES, OR
ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF
ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY
TO USE, ANY dristi SERVICES EVEN IF dristi HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. dristi’S TOTAL
CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD
PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR
dristi’S SERVICES, INCLUDING, WITHOUT LIMITATION,
THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY dristi
OR dristi’S REPRESENTATIVES, OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL
NOT EXCEED, THE ACTUAL INDIAN RUPEE AMOUNT PAID BY THE
CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES,
LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD
PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE
CAUSE OF ACTION AROSE.
Modifications
dristi may discontinue, upgrade, replace, modify, or change
in any way, without limitation, any software, application,
program, data, hardware, equipment, or portions or components
thereof, used to provide customers with dristi’s
services. Certain changes to dristi’s services may
affect the operation of customers’ personalized
applications and content. Each customer is solely responsible,
and dristi is not liable, for any and all such personalized
applications and content.
Backup of Data
Except where dristi has expressly agreed in writing to
the contrary, customers are solely and entirely responsible,
and dristi is in NO way responsible, for the management
and backup of all customer data, and all updates, upgrades,
emails and patches to any software that customers use
in connection with dristi services.
Third Party Licenses
dristi makes a reasonable effort to provide customers
with technologies, developments, and innovations (collectively
“Technologies”), part of which may be licensed,
or co-branded, from or by, third party entities. However,
dristi makes NO warranty of any kind, either express or
implied, regarding the quality, accuracy, reliability,
validity, or continued existence of any or all aspects
of such Technologies. Moreover, dristi specifically disclaims
all warranties of merchantability and and fitness for
a particular purpose for such Technologies. Furthermore,
no customer will hold dristi liable in any way for the
revocation of any license, which has been licensed to
dristi. The use of the Technologies obtained from or through
dristi, or any other referred third party, whether directly
or indirectly, is at the sole risk of customers.
Non-dristi Products
Any mention of non-dristi products by dristi, its employees,
or any third party entity related to dristi is for information
purposes only and does not constitute an endorsement
or recommendation by dristi. dristi disclaims any and all
liabilities for any representation or warranty made
by the vendors of such non-dristi products or services.
dristi’s Intellectual Property
Customers will not, without dristi’s express written
consent, copy, reproduce, republish, or otherwise use
any material, in whole or in part, that is located on
dristi’s web site, and customers will not use any
of dristi’s trademarks, service marks, copyrighted
materials, or other intellectual property without dristi’s
express written consent. Customers will not, in any
way, misrepresent their relationship with dristi, attempt
to pass themselves off as dristi, or claim that customers
are dristi.
Assignment
Customers may not assign or delegate their rights or
obligations under the TOU or other agreement for dristi’s
services, either in whole or in part, without the prior
written consent of dristi.
Minimum Age Requirement
dristi 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 dristi 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 dristi services, and such primary
liability will continue even when the Minor has attained
the age of 18, unless the parent or guardian obtains
dristi’s express written consent to the contrary.
Any acceptance of the TOU or any other agreement for
dristi’s services will be deemed null and void to
the extent that dristi will not be liable in any way as
a result of the Minor’s age or legal incapacity
or the Minor’s use of dristi’s services.
Governing Law and Severability
The TOU, and any other agreement for dristi services,
will be governed by and construed in accordance with
the laws of the State of Andhra Pradesh, India without
reference to its conflicts of laws principles. Any litigation
or arbitration between a customer and dristi will take
place in Chennai, and the customer will consent to personal
jurisdiction and venue in that jurisdiction. If any
provision or portion of the TOU or other dristi agreement
is found by a court of competent jurisdiction to be
unenforceable for any reason, the remainder of the TOU
or the agreement will continue in full force and effect.
Force Majeure
dristi will not be liable for delays in its performance
of the TOU or dristi services caused by circumstances
beyond dristi’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”). dristi 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
dristi and its customers. Each of dristi 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 dristi
services, constitutes the complete understanding and
agreement between dristi and its customers. Except when
expressly agreed to the contrary in signed writing by
an authorized representative of dristi, 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 dristi
services is between dristi and its customers only and
will not confer any rights in any third party except
as otherwise expressly provided by dristi.
D. All dristi Customer Billing Policy
The following Terms of Use constitute dristi’s Billing
Policy and apply to ALL dristi customers:
Payments
dristi accepts the following types of payment:
- Check/money order
- Credit card (VISA, MasterCard, American Express)
- Bank wire transfer
- Fund Transfer from bank accounts
All payments are due on the Account Statement Date.
The Account Statement Date is the monthly anniversary
of the date the account was activated. You are responsible
for directly updating, or notifying dristi, of any changes
to your billing details.
Accounts that are past due will be automatically suspended.
All past due and unpaid balances are subject to collection.
In the event of collection, you will be liable for costs
of collection including attorney’s fees, court
costs, and collection agency fees.
Billing Cycles (Terms)
dristi offers three Billing Cycles (terms) for hosting
charges: Yearly (12 months). The Billing Cycle begins
on the Plan Activation Date. Resellers are limited to
the Yearly Billing Cycle for all of their charges.
You may elect to change your Billing Cycle at any time;
however, the new Billing Cycle will only take effect
at the time of the next plan renewal.
All additional features added to an account are charged
yearly. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website,
all plans has to be renewed. The customer has the sole
responsibility to keep track of the expiry date and
renew the services well in advance at least 10 days
before expiry. It is not the responsibility of dristi
to give you any intimations in advance. It is confirmed
by you that the responsibility of renewing the service
will lie with you. The renewal of your account is subject
to realisation of payment by dristi. Payment of account
fee after expiry date does not guarantee the renewal
of account with dristi. dristi cannot guarantee the renewal
of account, if the payment is made after expiry date.
Renewal of services such as domains, ssl certificates
etc, involve companies, on whose activities, dristi does
not have control over. Hence, dristi is not liable for
interruption in services, loss of data, loss domain
names, ssl certificates etc.
Statements
dristi does not mail paper invoices or statements. Statements
can be viewed and printed through members area.
Fees
Returned (NSF) Checks
dristi charges a Rs.200 fee for returned (NSF)checks.
Customers that issue an NSF check will be required to
submit future payments with a DD or money order.
Bank Account Payments
dristi charges Rs.50 for outstation checks, Account transfers.
Reactivation
Customers that wish to reactivate a closed account will
be assessed a Rs.2000 reactivation fee. A Rs.200 fee
will be assessed if dristi restores your data files to
your reactivated account.
Cancellations
Hosting plans will automatically expire until a plan
is renewed. In order to cancel service, you must contact
dristi's Billing Team at accounts@dristihosting.com with
proper payment details and account details. Please be
aware that there are no pro-rated refunds after the
first 30 days of service. No refund is available for
dristi Start Up/Reseller Accounts in the event of cancellation.
dristi doest give any money back guarantee for all the
services advertised through our website.
Cancellation requests must be received by dristi a minimum
of thirty (30) days prior to the end of your Billing
Cycle.
dristi will confirm the cancellation request when it is
processed. If you do not receive a confirmation, please
contact dristi as soon as possible.
dristi does not monitor, plans for problems related to
domain name transfers, non-usage, Internic, your ISP,
or any other secondary issues not directly related to
dristi's services. Cancellation of services does not relieve
the customer from paying any outstanding balance owed
on the account. dristi reserves the right to cancel any
account, at any time, without notice, for any reason
dristi considers appropriate.
Billing/Price Changes
dristi's policies and prices are subject to change without
notice. Any price changes become effective in the next
billing cycle.
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