TERMS OF SERVICE

This Terms of Service (TOS) is an agreement ("Agreement") between Customer and TUNCERINFOTECH PVT. LTD. and applies to Customer's account(s) with TUNCER INFOTECH PVT. LTD. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference.  Please note that the information contained herein is subject to change without notice.  Customer agrees to periodically consult this website for changes or amendments to this Agreement. TUNCER INFOTECH PVT. LTD. may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.

PLEASE CAREFULLY READ THE FOLLOWING TOS. BY ACCESSING AND USING THE SERVICES YOU AGREE TO BE BOUND BY THE TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, DO NOT ACCESS OR USE THE SERVICES OR ANCILLARY SOFTWARE PROVIDED OR SUPPLIED BY TUNCER INFOTECH PVT. LTD..

"We" "Us" "Provider" or "TUNCER INFOTECH PVT. LTD. " refers to 302-303, Samedh Complex, Nr. Associated Petrol Pump, C.G. Road ,   Ahmedabad  – 380 009. India. and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with TUNCER INFOTECH PVT. LTD.

SERVICES PROVIDED BY TUNCER INFOTECH PVT. LTD.

TUNCER INFOTECH PVT. LTD. will rent internet server space, Domain Registration ("Services") to its customers for the purpose of allowing customers to provide HTTP internet content to the general public.  The Services allow TUNCER INFOTECH PVT. LTD. customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites.  TUNCER INFOTECH PVT. LTD. customers will use the provided Services in a manner consistent with all applicable Provincial and Federal laws. TUNCER INFOTECH PVT. LTD. will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services.  If any of the activities referenced below are committed, TUNCER INFOTECH PVT. LTD. may immediately terminate Customer's account(s) without notice.  TUNCER INFOTECH PVT. LTD. will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

CUSTOMER USE OF SERVICES

Client agrees that web pages and files uploaded to our servers will not violate any provincial, federal laws or regulations; infringe on any intellectual property rights of TUNCER INFOTECH PVT. LTD. or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to TUNCER INFOTECH PVT. LTD. or any third party. Customers may not run IRC bots or clients.  Unacceptable uses of our service also include: Bulk e-mailing, unsolicited e-mailings, newsgroup spamming, pornographic or adult content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. TUNCER INFOTECH PVT. LTD. will be the sole and final arbiter as to what constitutes a violation of this policy.

You represent and warrant to TUNCER INFOTECH PVT. LTD. that: (a) You own or have the right to use all material contained in Your Web site, including all text, graphics, sound, video, programming, scripts and applets; and (b) the use, reproduction, distribution, and transmission of Your Web site, or any  information or materials contained in it, on and from TUNCER INFOTECH PVT. LTD.’s server computer does not: (i) infringe  or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of  a third party; (ii) violate any criminal laws; (iii) constitute false advertising, unfair competition,  defamation, an invasion of privacy, violate a right of publicity, or violate any other law or  regulation.

Bandwidth Usage: TUNCER INFOTECH PVT. LTD. offers several hosting plans with different rate of data transfer per month.  Bandwidth is calculated on a recurring 30 days. Sites that use over their limit additional bandwidth are billable. Bandwidth cannot be combined with multiple packages. We reserve the right to not host any website that consumes over Bandwidth Usage.

Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization.  A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds.  There are numerous activities that could cause such problems; these include: CGI scripts, ASP scripts, ASPX Scripts, FTP, HTTP, etc.  A site that consumes over 1.0 GB/day or 30 GB/month of bandwidth is also considered to be using "excessive resources."  This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.  We reserve the right to suspend or terminate any hosting account that we feel is jeopardizing our network.  TUNCER INFOTECH PVT. LTD. will be the sole and final arbiter as to what constitutes a violation of this policy.

No "Spam": UCE/UBE or "Spam" originating from a TUNCER INFOTECH PVT. LTD. account or an account associated with a TUNCER INFOTECH PVT. LTD. account, is not tolerated. This includes any e-mail that promotes web sites hosted on a TUNCER INFOTECH PVT. LTD. account but is sent from an e-mail address not associated with that TUNCER INFOTECH PVT. LTD. account. Client shall not use their TUNCER INFOTECH PVT. LTD. services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process.  TUNCER INFOTECH PVT. LTD. reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for policy violation.

False Information: Client agrees not to provide false or inaccurate information during account signup. TUNCER INFOTECH PVT. LTD. reserves the right to terminate your service without notice if information provided by you found inaccurate or false.

Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files: TUNCER INFOTECH PVT. LTD. will make every reasonable effort to protect and backup data for Client on a regular basis. However TUNCER INFOTECH PVT. LTD. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Provider’s server and network. There is a separate fees for regular backups for files and databases, please consider looking at our website for backup/restore pricing and policies.

Right to Monitor and Remove Unacceptable Sites

TUNCER INFOTECH PVT. LTD. has the right to monitor Your Web Site, and in its sole discretion, to remove any content that TUNCER INFOTECH PVT. LTD. finds objectionable for any reason, without prior notice to you. 

PAYMENT OBLIGATIONS, RENEWALS, AND CANCELLATIONS

Payment Obligations: Full payment is required in advance, before hosting service is established.  You grant TUNCER INFOTECH PVT. LTD. the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by TUNCER INFOTECH PVT. LTD. according to terms of this Agreement.  You warrant and represent that the information you supply in the Order Form (or other information that TUNCER INFOTECH PVT. LTD. may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax.  If payment is not received by the renewal date, your account will be terminated.  Once your account is terminated, you will need to pay for the set-up fee and the monthly fees to reopen the account.  There is a Rs. 500 fee for bounced cheque and a Rs. 250 processing fee for charge-backs.

Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to TUNCER INFOTECH PVT. LTD. fifteen (15) days before the renewal date that you do not wish to renew such account.  Promotions are not included in renewals.

Cancellation: All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.  Cancellations will be processed by our staff every Monday.

SERVER/NETWORK MAINTENANCE

In the event a planned outage would be necessary, it will be performed between 10:00PM to 05:00AM IST.  This does not mean there will be an outage at the specified time and does not include unplanned outages if any should occur for reasons beyond TUNCER INFOTECH PVT. LTD.'s control.

DISCLAIMER OF WARRANTY

You agree to use the Services and any information obtained through or from TUNCER INFOTECH PVT. LTD. at your own risk.  You acknowledge and agree that TUNCER INFOTECH PVT. LTD. exercises no control over, and accepts no responsibility for, the content of information passing through TUNCER INFOTECH PVT. LTD.'s host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS.  TUNCER INFOTECH PVT. LTD. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. TUNCER INFOTECH PVT. LTD. MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE.  TUNCER INFOTECH PVT. LTD. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMERS VIA THE SERVICES PROVIDED BY TUNCER INFOTECH PVT. LTD..  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY TUNCER INFOTECH PVT. LTD. PERSONNEL WILL CREATE OR IMPLY ANY WARRANTY.  The terms of this Section will survive any termination of this Agreement.

TUNCER INFOTECH PVT. LTD. is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of TUNCER INFOTECH PVT. LTD..  This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by TUNCER INFOTECH PVT. LTD.

LIMITATION OF LIABILITY

TUNCER INFOTECH PVT. LTD. operates a shared hosting environment, which affords a cost effective hosting option for our customers and introduces some risk that a customer could impact others.

You agree that TUNCER INFOTECH PVT. LTD. will not be responsible for downtime , interruption of service,  losses that you may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to TUNCER INFOTECH PVT. LTD. at the time) which may exist in the Services or in TUNCER INFOTECH PVT. LTD.’s equipment used to provide the Services.

Under no circumstances will TUNCER INFOTECH PVT. LTD. be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory.  TUNCER INFOTECH PVT. LTD. will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to TUNCER INFOTECH PVT. LTD.’s records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, TUNCER INFOTECH PVT. LTD.’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual Rupees amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement.  The terms of this Section will survive any termination of this Agreement.

At its sole discretion, TUNCER INFOTECH PVT. LTD. has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

INDEMNIFICATION

Customer agrees to indemnify, defend and hold harmless TUNCER INFOTECH PVT. LTD., its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer.  The terms of this Section will survive any termination of this Agreement.

TUNCER INFOTECH PVT. LTD. will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS

Although TUNCER INFOTECH PVT. LTD. maintains strict confidentiality of Customer's information, there are certain exceptions in which TUNCER INFOTECH PVT. LTD. may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests.  TUNCER INFOTECH PVT. LTD. has no obligation to notify Customer about or whom the information is sought or that TUNCER INFOTECH PVT. LTD. has provided the information.  Customer acknowledges the above exceptions and agrees to them without reservation.

GOVERNING LAW; JURISDICTION; ARBITRATION

This Agreement shall be governed and interpreted in accordance with the laws of the State of Gujarat and the Parties hereby Subject to the jurisdiction of Ahmedabad, Gujarat .In any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement

In any action brought under this Agreement, TUNCER INFOTECH PVT. LTD. shall be entitled to recover its actual costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.

ASSIGNMENT

Customer will not have the right to assign this Agreement without the prior written consent of TUNCER INFOTECH PVT. LTD..

ENTIRE AGREEMENT; SEVERABILITY

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements.  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation or other legal corporate entity, duly organized, validly existing and in good standing under the laws of the province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.