Terms of Service

This agreement (“Agreement”) between Netlink Technologies, (“Netlink Technologies”) and Customer governs the provision of Netlink Technologies’s web hosting and related services (the “Services”). This Agreement is effective once Customer signs up for Services through the Netlink Technologies website www.webhostingpeople.net .By signing up, each customer agrees to comply with the terms of service listed below:

Account activation:
We activate new accounts within 24 hours after we receive your payment. In most cases, we will activate your account within 2 or 3 hours but sometimes we may need more time to verify your payment and make sure it is not fraudulent. We do not accept payments from unverified PayPal accounts!

Payments:
You agree to pay for the services on time. Unpaid invoices will result in temporal suspension of your account. Invoices are generated 7 days before the renewal date and your account gets suspended 7 days after the renewal date if the invoice is not paid until that time. Your account will be terminated if it was not paid within 3 days after it was suspended. If you want us to restore it after it was terminated because of non-payment, and we have a backup of the terminated account you will have to pay $25 one-time fee plus all the renewal fees. We do not guarantee we will have a backup of your account after it was terminated!

Contact information:
Customer agrees to provide correct payment and contact information. The customer is responsible to have a valid e-mail address on file at all times. We will use that e-mail address to contact you about abuse problems, unpaid invoices, suspended accounts and any other issues.

Cancellation:
Requests for canceling accounts may be made in writing or through the help desk system. Netlink preferred method of cancellation is via the help desk of your Netlink hosting account. Please log into the help desk and you can request to have your account canceled.
Please note – All account cancellations must be received in the above manner at least fifteen days in advance of the date of renewal. Accounts canceled with less than fifteen days notice shall be canceled at the end of the next term and shall be charged accordingly.

Refund Policy:
Money back guarantee on all our web hosting plans/packages (excluding Reseller,VPS and Dedicated Servers):
To prove to you how confident we are in our services, we will offer you a thirty (30) day money back guarantee on web hosting plans and packages only. Domain name registration, vps hosting plans/packages and dedicated servers packages, search engine submission, promotional offers, addon services, web development services, billing software charges and transfers are non-refundable. Refunds may take up to 60 days to process. Refund will be not issue to those Customers who purchase hosting and want refund after few days without any reasons. if this will happen Netlink has full right make your order as a Fraud and terminate your account. Netlink does not offer refunds for services after the initial thirty (30) days of service. Netlink does not issue prorated refunds for prepaid service. Netlink will not issue refunds to users who have their account terminated/suspended by Netlink, for breach of our terms of service. refunds will not be made to users who exceed their allocated space/bandwidth limit. accounts that are renewed for additional terms are also not subject to our money back guarantees.
Netlink will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use our services on his own risk.

30 day money back guarantee:
If you cancel your account within 30 days from your signup date, we will issue a full refund except the money paid for domain names, script installs, SSL certificates and setup fee. There are no refunds for reseller hosting,dedicated and vps servers. The money back guarantee is valid for your first package only and can’t be used for any other packages. A client can use this only once.
If you cancel your account within 30 days from your signup date, we will issue a full refund except the money paid for domain names, script installs, SSL certificates and setup fee. There are no refunds for reseller hosting,dedicated and vps servers. The money back guarantee is valid for your first package only and can’t be used for any other packages. A client can use this only once.

Content and prohibited actions:
Customer agrees to use the Services for lawful purposes only. Scala Hosting prohibits the following content on our servers and network.
Anything related to IRC
Proxy Scripts
Anything related to torrents
Starting background processes on shared servers
Warez, hacking tools, exploits
Porn web sites
Download oriented web sites
Sites promoting illegal activities
IP Scanners
Hacker focused sites

Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Customer is responsible to keep their accounts up to date and secure at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.

Communication with our staff:
Customers may communicate with our staff in polite manner. If you are rude with us, we will give you 72 hours to find another hosting provider. After 72 hours pass, we will permanently suspend your account and you will receive a refund for the unused portion of the service.

Acceptable Use Policy:
As a high-quality web hosting provider to thousands of customers, Netlink values its good reputation. Accordingly, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs. Nonetheless, the following constitute examples of unacceptable uses of Netlink’s services, which will result in suspension, or termination of the customer’s account.

Abuse of SMTP Mail Server:
If any of the email id will be misuse the mail server then we will suspended or terminate his hosting account without prior notice.

Acceptable Mail Policy:
There is a 500 email hourly limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. Many of our servers have a limit of 60 POP3/IMAP checks per hour per e-mail address. If you go over this you are likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Any mailing list larger than 5,000 addresses will require a dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.

Mailing Lists Rules:
1. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico. If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish until this sending process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Zero tolerance SPAM policy:
We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Netlink offers a separate service if you need to send thousands of e-mails.
Purchased mail lists, opt-in lists will be considered SPAM.
Netlink reserves the right to charge a clean up fee the Customer who sent unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.

Age:
The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Netlink supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, Netlink will not substitute itself for a court of law in deciding tort claims raised by the third party.
Abuse of the law:
Netlink’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG’s, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Anything violating Indian Law will be considered as abuse of our services and the person indulging in the same will be considered totally liable for his acts. On finding this we will discontinue the services immediately and inform the same to the Law enforcement agencies to take care of the situation. This will not arising any liability on Netlink or any of its associates, partners or proprietor.
Netlink reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
Pornography:
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Netlink’s servers.

Abuse of Netlink’s Server Resources:
Running programs in the background on a Netlink’s server without Netlink’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, Greeting Cards sites, software downloading sites, more then 1000 emails a day and the like are not acceptable uses of Netlink’s servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. Netlink can set an additional domain name to be pointed to your site’s IP address for Rs.1500 pea setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.

Hacking/Cracking:
Netlink reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact abuse@webhostingpeople.net.
Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, snuffers, flooding, spoofing, ping bombing, surfs, win nuke, land, teardrop. Promulgation of viruses. IRK bots such as egg drop or BitchX.
Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility:
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Netlink’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & UNZIP commands, Pearl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Netlink to provide this knowledge or support outside matter specific to Netlink’s servers. Support will only be provided to the Company placing the order on us, we shall not support customers of resellers to whom the space is further resold by the reseller.
We don’t offer tech support to customers who walking to our office as that will have an additional charge of Rs.1000 per hour but we do offer tech support through telephone calls and emails.

Reseller Responsibility:
Resellers are responsible for the actions of their clients. If your client’s actions violate our terms of service we will suspend his account and we will send a notice about the issue to your contact e-mail address on file.
Netlink will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use our services on his own risk.
We don’t offer tech support to customers who walking to our office as that will have an additional charge of Rs.1000 per hour but we do offer tech support through telephone calls and emails.
Customers can not run IRC, bots or clients on servers.
Customers are also prohibited from running Bulk E-mailing, Unsolicited E-mailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers, Audio or video streaming, Phishing,Fraud, Spam, Gambling, Arcade Gaming, Nulled Scripts, File Hosting, Proxy, Torrentflux or similar, Rapidleech or similar websites
Large File Policy:
Netlink is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. It has been noticed that people who make use of Netlink are able to gain to unlimited disk space and bandwidth. But this is subject to the appropriate usage of the package offered. However, Netlink has certain constraints related to the type of material that may be added to the website. The server does not allow you to upload unnecessary software, audio or video files and large sized files If you are unsure whether your file is against this policy, please e-mail support@webhostingpeople.net

Backups:
No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of Netlink, Netlink will attempt to recover the data for no charge to the client but does not guarantee its recovery. If data loss occurs due to negligence of client in securing their account or by an action of the client, Netlink will attempt to recover the data from the most recent archive for a Rs.2500/- fee.

IP numbers:
Netlink maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Renewal of Domains:
We do not send any intimation or notices about domain name renewals except the notices for the expiry of the web space. Renewal notices for the domain comes directly from the registrar and we stand no guarantee for any domain renewals unless the client pays in advance 20 days prior to the expiry of the domain. In simple words it is the clients onus to check when his domain is expiring and unless he pays well in advance to renew the domain we cannot assure of its renewal.
* Any facilities/features offered by the registrar with domain booking are beyond our control and thus we cannot give any surety of their operations except that you will definitely get a control panel to manage your domain passwords and change any information related to Registrant, administrative, technical and billing contact in real time. As registrars have their own servers so any support related to the domains have to be directly taken from the registrar tech support staff members. We offer no guarantee at all related to add-on features with the domain names and any queries related to the same must be send to the registrar only.

Applicability of Invoice :
Invoice will be applicable on the availability of domain name at the time of Booking and in case we have raised the invoice prior to the booking of domain and the same domain is booked by some one else before we have initiated the registration process on or after the date of the invoice / on or within the billing duration dates, the said invoice will stand cancelled and bring no liability on Netlink or any of its associates, employees, members, channel partner and Proprietor.

Limitation of Liability:
Netlink shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Netlink’s servers going off-line or being unavailable for any reason whatsoever. Further, Netlink shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site/database from one of Netlink’s servers. All damages shall be limited to the immediate termination of service.
Netlink shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Netlink reserves the right to terminate an account at any time and for any reason that causes harm to any Netlink customer’s web sites. Netlink reserves the right to delete all content and files upon termination. Netlink reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Netlink reserves the right to refuse, cancel, or suspend service at our sole discretion.
Netlink reserves all rights to change/modify/remove or add any of the prices, server features, timely schemes, web sites/other information hosted by any of the customers on our server which is defined as illegal/unsolicited use of our server space or other facilities as and when announced.

Changes to the terms:
We may change the terms of service at any time without notification. The customer needs to check this document regularly for changes.

JURISDICTION IN CASE OF DISPUTES”
In case of any disputes, the jurisdiction will be ONLY at Delhi Courts.
Netlink reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.
We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.

Abuse Complaints:
All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. WebHostingPeople reserves the right to remove files that do not adhere to our terms of service, local, state, or federal laws.
Violations of these Acceptable Uses Policies should be referred to abuse@webhostingpeople.net