Terms and Conditions
Terms and Conditions
This Terms of Service Agreement (this “Agreement”) is entered into by and between Acno Tech and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of Acno Tech services (“Services”) purchased or accessed through the Acno Tech website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through Acno Tech
Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
- Acceptable Usage Policy
- Fair Usage Policy
- Refund Policy
The terms “we”, “us” or “our” shall refer to Acno Tech. The terms “you”, “your”, “User” "Subscriber" or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
Acno Tech, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
Last Revised Date: July 13th, 2021.
2. ELIGIBILITY AUTHORITY
This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, Acno Tech finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. Acno Tech shall not be liable for any loss or damage resulting from Acno Tech’s reliance on any instruction, notice, document or communication reasonably believed by Acno Tech to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instructions, notices, documents or communications, Acno Tech reserves the right (but undertakes no duty) to require additional authentication from you.
(a) Domain names registered through Acno Tech will be sponsored by OwnRegistrar, Inc.
In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to Acno Tech that all information you submit while creating your Account is accurate, current and complete. If Acno Tech has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, Acno Tech reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, Acno Tech recommends that you should change your password at least once every six (6) months for each account you have with Acno Tech. You must notify Acno Tech immediately of any breach of security or unauthorized use of your Account. Acno Tech will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by Acno Tech or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.
3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation
3.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Acno Tech concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.3 Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
4. RULES OF CONDUCT
You agree not to host, display, upload, modify, publish, transmit, update or share any information that —
i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation.
Further, you acknowledge and agree that:
- Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
- You will not use this site or the services found at this site in a manner (as determined by Acno Tech in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Acno Tech or Acno Tech’s Services.
- You agree to back-up all of your User Content so that you can access and use it when needed. Acno Tech does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not use this Site or the Services found at this Site, including any of Acno Tech’s related technologies, for any commercial use without Acno Tech’s express prior written consent.
Acno Tech reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
No refund will be processed if you violate any of the above "Rule of Conduct".
5. ACCEPTABLE USAGE POLICY
Read our Acceptable Usage Policy Here : Acceptable Usage Policy
6. Fair Usage Policy
All of Our Services with unmetered/unlimited bandwidth are subject to this fair usage policy. Read our Fair Usage Policy Here : Fair Usage Policy
7. DATA USAGE
Unmetered Bandwidth does not mean infinite data usage.
1Gbps unmetered FUP = unmetered bandwidth on 1Gbps port for fair usage. Any streaming/cdn/high port uplink using applications are NOT allowed. If your monthly bandwidth cross 100TB or 300 mbps on 95 percentile method, we may limit port speed to 100mbps till reset of billing cycle unless you opt for paid upgrade (1Gbps True Unmetered 24x7 = +29 Euros/m extra)
In some cases, if we feel bandwidth usage is high, we can upgrade Bandwidth option from 1Gbps unmetered FUP (No Streaming) to 1Gbps True Unmetered 24x7 (streaming allowed). In such cases, client will have to pay the fees for upgrade for current month and will have to renew at new pricing.
Since all of our services operate under shared environment, therefore clients are expected to use a fair share amount of bandwidth and don't overload server resources.
We regularly monitor bandwidth usage pattern of clients and any abusive usage of bandwidth will result in immediate suspension of services. If we classify your usage as abuse, your services may be immediately suspended and you may be denied to provide any more services in the future.
No Refunds will be applicable in such cases of Breach of FUP. We strictly do NOT allow Video/Audio streaming or any such high bandwidth usage applications with 1Gbps unmetered FUP (No Streaming). You have to buy server with 1Gbps True Unmetered 24x7 (streaming allowed) option for such high bandwidth usage applications.
7.2 PORT/UPLINK USAGE All VPS host nodes have a dedicated uplink shared among multiple clients generally between 10-12. Therefore, you can NOT expect all the speeds of uplink/port for yourself all the time.
7.3 FAIR USAGE OF SERVICES All users will properly use the assigned resources in a fair manner without interfering other users in the same environment, otherwise, Acno Tech has every right to regain control of the abused resource from users without prior notice. Acno Tech will NOT be liable nor responsible for any customer/user loss out of this arrangement, and there will NOT be any refund of customer paid fee.
Users of all services agree NOT to interfere with other users in an unfair or malicious manner such that other users are not able to receive due level of services. In all services, the word "unlimited" refers to an "unmetered" usage, and subject to this Fair Usage Policy. Acno Tech reserves the right to impose restrictions of various sorts to ensure a fair usage amongst the user community without prior notice, to existing and new users, and upon repeated warnings, suspend and/or terminate offending users.
8. SERVICE SUSPENSION AND REACTIVATION
Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $25 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receival of Service Reactivation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client's account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client's account due to breach of ToS/AUP etc.
9. ABUSE PREVENTION POLICY
Acno Tech, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to; • Verbal abuse including but not limited to cursing, yelling, threatening, etc. • Ongoing disregard for warnings or notices • Consistent mistakes/errors/changes causing unnecessary workload • Spamming our email addresses, ticket systems, or servers • Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage • Consistent late payments or responses • Issuing a chargeback or bouncing a payment • Continuous activation of problematic end-users • Activity which affects the service(s) of other clients • Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team • Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan
10. DMCA / Copyright / Report Abuse Policy
• We do not entertain any DMCA notices or complaints as DMCA is not our law. • If any party have dispute over copyrighted content hosted on our infrastructure, they can send us copyright infringement complaint as per applicable laws of India. However, we cannot work as an arbitrator in such cases of dispute, hence cannot take down the disputed content. We can only forward the complaint to the client to take down any content or website or part of our infrastructure. Further, we need an order of a court of law or concerned legal authorities for taking any required action against any such issues. • To report any kind of abuse, use our webform located HERE or email to firstname.lastname@example.org . We will forward complaint to concerned client
11. BACKUPS and DATA LOSS
Your use of this service is at your sole risk. We don't provide any kind of backup system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.
12. PRICE CHANGE
The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.
13. Changes to the TOS
We reserve the right and sole discretion, to modify, add or remove any terms or conditions of these Terms of Services (TOS) without notice or liability to you. Any changes to these TOS shall be effective immediately following the posting of such changes on our web site. You agree to review these TOS from time to time and agree that any subsequent use by you of this web site following changes to these TOS shall constitute your acceptance of all such changes.
14. LIMITATION OF LIABILITY
Acno Tech shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Acno Tech servers going off-line or being unavailable for any reason whatsoever. Furthermore, Acno Tech shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Acno Tech’s servers. All damages shall be limited to the immediate termination of service.
15. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY
Acno Tech generally does not pre-screen User Content (whether posted to a website hosted by Acno Tech or posted to this Site). However, Acno Tech reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Acno Tech may remove any item of User Content (whether posted to a website hosted by Acno Tech or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Acno Tech in its sole and absolute discretion), at any time and without prior notice. Acno Tech may also terminate a User’s access to this Site or the Services found at this Site if Acno Tech has reason to believe that the User is a repeated offender. If Acno Tech terminates your access to this Site or the Services found at this Site, Acno Tech may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
16. ADDITIONAL RESERVATION OF RIGHTS
Acno Tech expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Acno Tech in its sole and absolute discretion), including but not limited to the following:
(i) to correct mistakes made by Acno Tech in offering or delivering any Services (including any domain name registration),
(ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
(iii) to assist with fraud and abuse detection and prevention efforts,
(iv) to comply with applicable local, state, national and international laws, rules and regulations,
(v) to comply with requests of law enforcement, including subpoena requests,
(vi) to comply with any dispute resolution process,
(vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
(viii) to avoid any civil or criminal liability on the part of Acno Tech, its officers, directors, employees, and agents, as well as Acno Tech’s affiliates.
(ix) Acno Tech reserves right to access, use, modify, download, execute your files, database, mails, etc. from your shared hosting or reseller hosting account to provide support, training or solve your technical issues with or without taking/seeking your permission,
(x) Acno Tech reserves right to transfer accounts across our servers for better quality and performance of the server time to time. In such case we will inform you by mail about the transfer and you will have to update the IP/name servers accordingly.
In case of VPS or Dedicated Servers with root access, we will solve your queries and provide support only when you provide us the login details.
Acno Tech expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
17. NO SPAM POLICY
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is not only harmful because of its negative impact on consumer attitudes toward Acno Tech, but also because it can overload Acno Tech's network and disrupt service to Acno Tech's subscribers. Also, maintaining an open SMTP relay is prohibited. In such cases, Refund will not be provided.
18. SERVICE LEVEL AGREEMENT
Acno Tech is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.
Acno Tech aims to achieve 99% Service Availability of its Services for all customers. In case of failure of Acno Tech to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:
But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:Circumstances beyond Acno Tech' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against Acno Tech' network;
Scheduled maintenance and system upgrades, or emergency maintenance;
Any DNS or Domain Name Registry issues outside the direct control of Acno Tech including DNS and Registry propagation issues and expiration;
Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer's account in breach of Acno Tech Terms and Conditions and Acceptable Use Policy;
Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
Delays in e-mail delivery;
False SLA breaches reported as a result of outages or errors of any Acno Tech measurement system;
Outages elsewhere on the Internet that hinder access to your account. Acno Tech is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.
19. RETENTION & BACKUP POLICY
The system logs of the servers would be retained as a backup in our server for at least 1 (one) month from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Acno Tech user agree that in no case, Acno Tech can be held responsible for the loss of data in any circumstances.
Your use of the services is at your own risk. The company does not maintain backups of services purchased by you. You should not rely on the company for backup. It is solely your responsibility to maintain backups. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the company’s servers.
20. TRADEMARK AND/OR COPYRIGHT CLAIMSAcno Tech supports the protection of intellectual property. Further:
a) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is illegal while using services under this Agreement.
b) Customer acknowledges that Acno Tech cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
c) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
d) In case of any notice received under DMCA or otherwise for Intellectual Property violation. Acno Tech reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.
If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.
21. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Acno Tech. Acno Tech assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Acno Tech does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Acno Tech from any and all liability arising from your use of any third-party website. Accordingly, Acno Tech encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
22. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Acno Tech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Acno Tech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Acno Tech ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Acno Tech, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
ANY CLAIMS/COMPLAINTS/DISCREPANCY/MANIPULATION OF DATA BY DEVELOPER OR CLIENT OR ANY LEGAL THREATS WILL NEVER BE ENTERTAINED by Acno Tech. YOU AS An USER OF Acno Tech ARE SOLELY RESPONSIBLE FOR DATA.
23. LIMITATION OF LIABILITY
IN NO EVENT SHALL Acno Tech, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Acno Tech IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(XI) NO SUPPORT WILL BE PROVIDED FOR UNAUTHORIZED ACCOUNTS/THIRD PARTY CLIENTS,
(XII) PURCHASE OF UNMANAGED SERVICES IS TOTALLY CUSTOMER'S RESPONSIBLITY. THEREFORE NO SUPPORT, NO SURETY OF BACKUPS(TAKE YOUR OWN BACKUPS). IN SUCH CASE Acno Tech SHALL ONLY REINSTALL OR REBOOT SERVER AND CAN ONLY KEEP SERVER IN RESCUE MODE.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Acno Tech’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.
DELIVERY OF EMAILS INTO INBOX IS SOLELY UNDER THE CONTROL OF THE RECEIVER EMAIL SERVICE PROVIDERS LIKE GMAIL, YAHOO , OUTLOOK , MICROSOFT etc. We have no control over the delivery of emails into the inbox as they do not prefer Unlimited Email providers under a good reputation since many users create too many Email accounts within the same server as there is no limit. Wherever there is no limit for Email accounts, There is a high chance Email sometimes goes into spam. Acno Tech does not take the liability of the Emails delivery into inbox. However, if you need assurance of Email delivery into inbox, you must use Emails from limited Email providers like Zoho, G-suite , Sendgrid etc. You can point the MX records towards them to integrate with Acno Tech. Asking our support to control the delivery and make them into inbox is not recommended. If you ask repeatedly about the same, this will be treated as the Abuse of our support system.
24. INDEMNIFICATION POLICY
You agree to use all Acno Tech’s services and facilities at your own risk. Acno Tech specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Acno Tech be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, and save from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Acno Tech, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by/to customer, it's agents, employees or assigns. You agree to hold Acno Tech and its officers, directors, employees, and agents as harmless and to defend, indemnify Acno Tech against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Acno Tech's server. Acno Tech reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement, any defective products sold to customer from Acno Tech's server. Acno Tech shall be the sole judge of what violates this Policy. You agree to protect, defend, indemnify and hold harmless Acno Tech and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Acno Tech directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
25. FEES AND PAYMENTS
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.
Non refundable Fees: Fees paid by Subscriber in connection with the purchase of installation fee, VPS, dedicated servers, SSL certificates, domain privacy, domain names and licenses are non-refundable.
No refund to be processed in case your account is in suspended state due to non payment. Also note that, no backup of data will be provided in case your account is suspended due to non-payment.
Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time. There will not be any refund given for the amount already paid if the subscriber does not qualify for the refund policy. Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.
The money back guarantee is applicable for new clients only. New orders from existing clients do not qualify for our money back guarantee program. We give only prorata refunds. A prorata refund policy means that we subtract the number of days a client has already used the hosting account and then we refund the amount for the left over time period only. You can request a refund if you place a cancellation request within the period of days covered by your service's money back guarantee. Different services have different money back guarantee terms, below you can see if your service is covered by our money back guarantee and under what terms:30 days money back guarantee: Web hosting, Reseller hosting On 1 Year, 2 Year, 3 Year Plans.
5 Days money back guarantee: Web hosting, Reseller hosting On 3 Months Or 6 Months
3 Days money back guarantee: Web hosting, Reseller hosting On 1 Month Plan
No money back guarantee: installation fee, VPS, dedicated servers, SSL certificates, domain privacy, domain names and licenses or custom software installs.
If the money back guarantee period has expired for your service, you are not eligible for a refund. Violation of the terms of service will waive the refund policy.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
We will refund your money ONLY if you have any technical issue with our services. No refund will be made if your Service(s) are suspended or terminated. Your refund request has to be justified with valid technical issue found in the services. If you request for a refund after 30 days, Your refund request cannot be processed.
We do not refund when customers host illegal contents such as a copyrighted content. We do not allow hosting illegal contents such as mp3 or video or audio files without proper copyrights.
No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the server package. We accept payments via many payment gateways including PayPal (credit/debit cards also processed via PayPal), Bank Transfer (EURO/INR/USD). Clients are encouraged to pay by Bank Transfer as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract & service renewal invoice is generated automatically unless you submit a cancellation request. We periodically send Payment Reminder Emails to all clients. Invoice Unpaid Reminder: 5 days before the invoice due date. First Overdue Reminder: 1 day after the invoice due date Second Overdue Reminder: 2 days after the invoice due date Third Overdue Reminder: 3 days after the invoice due date If a service is NOT paid within 3 days of due date, it will be terminated on 4th Day when daily cron job of server runs (generally 9 AM but may be different or changed).
27. DOMAIN RENEWAL
Domain renewal notices are provided as a courtesy reminder and Acno Tech is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a responsibility of the client to verify the domain renewal is successful or not, rarely under unfortunate circumstances, domain renewal may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain renewal, a client should get back to Acno Tech within 7 working days. The client should update the support team by writing Email to email@example.com to rectify the problem.
Acno Tech accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
However client must take of renewal dates themselves and renew their service on time. Sometimes, due to technical errors, this may be possible that the payment reminder email may not be delivered to client. So, it's the duty of the client to take note of renewal dates of all his service and renew them on time. If a client fails to renew the service and if his service gets terminated, we will not be held responsible for any data loss.
28. DOMAIN REGISTRATION
It is a responsibility of the client to verify the domain registration is successful or not, rarely under unfortunate circumstances, domain registration may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain registration, client should get back to Acno Tech within 7 working days. The client should update the support team by writing Email to firstname.lastname@example.org to rectify the problem.
Acno Tech accepts no liability for the loss of any domain that has failed to register due to an invalid/insufficient information provided to us, late payments received or technical faults which are beyond our control.
29. REACTIVATION FEE
In case your server is suspended due to any kind of malware or phishing or prohibited content then a reactivation fee of Rs. 3000 INR will be charged. There will be no rebate on this so do not request for rebate.
30. INODES LIMIT
For Basic - 1.5Lakh Inodes
For Premium - 2.5Lakh Inodes
For Business - 5Lakh Inodes
For Reseller Hosting - 4Lakh Inodes per cpanel
For Shared SSD Plans - 6Lakh Inodes
For SSD Reseller - 6Lakh Inodes per cpanel
31. LATE PAYMENTS AND LATE FEES
All accounts are billed according to the dates they were first activated on. We generate all invoices 10 days before the due date. If you will not pay for service on your due date, your account will be suspended on the next day of your due date. If you will not pay for service renewal in 3 days after your due date, system will assume that you're NOT interested in renewing your account and in that case, your account will be terminated on 4th Day. All data will get deleted and the server space will be re-used for some another client. Client will be responsible for any data loss due to such suspension or termination as it is performed automatically by system if services are unpaid. We charge 10% LATE FEES after 5 days of payment being overdue if the service is not terminated yet and if it's possible to renew it. If your account/order is terminated or cancelled, you will need to make a fresh order.
32. FRAUD VERIFICATION IN SOME CASES
In case, we detect some order as FRAUD or Suspicious, we may ask you to send payment manually to our PayPal Account with following conditions : * Choose Postal Address : No Physical Delivery Required * * WE ACCEPT VERIFIED PAYPAL ACCOUNTS ONLY * Client details provided to us (including email) MUST match with PayPal account Holder. Otherwise, Send us following Docs with your Order/Invoice Details to email@example.com within 24 hours. • A Valid ID Proof (Passport or License or National ID) of PayPal Account Holder • Screenshot from your PayPal account showing full details of the transaction • a photo of card involved in transaction (You can hide sensitive information like card expiry date, CVV etc.) You can also submit a support ticket and attach your document with the ticket. If you do NOT submit above documents within 24 hours, your order will be canceled & payment will be refunded. We DO NOT STORE these documents and they are deleted immediately after your order verification.
33. ABUSE1. Cron Abuse
In any case, cronjob should not be less than once in 6 hours. (For Shared HDD & Reseller HDD Hosting users). Investigation/questioning/suspension can occur if any cpanel breaches this limit.
In any case, cronjob should not be less than once in 1 hours. (For Shared SSD & Reseller SSD Hosting users). Investigation/questioning/suspension can occur if any cpanel breaches this limit.2. Resource Consumption Abuse
Mysql process and other CPU consumption - Any cPanel account should not consume more than 4gb ram or more than 20 entry process or too many mysql threads. Site should not abuse the server by consuming too much cpu load or RAM.3. Comminication Abuse
Use of abusive language on any of support medium is strictly prohibited. If found under any circumstances this may lead to suspension/termination of services without any prior information or may lead to suspension from further/future support on support media. Calling too frequently (like more than 3 times in 5 minutes) will be considered as phone call abuse. This will also be considered as same
34. PROHIBITED CONTENT
- Customer agrees to use the Services for lawful purposes only. Acno Tech prohibits the following content on our servers and network.
- Anything related to IRC
- Proxy Scripts
- Downloading websites like music/media/mp4/movies/softwares etc is prohibited in Linux shared hosting and Linux Reseller hosting plans.
- Anything related to torrents
- Starting background processes on shared servers
- Warez, hacking tools, exploits
- Sites promoting illegal activities
- IP Scanners
- Hacker focused sites
- Valid only for .in regsitry TLDs. Customers cannot book any domain that has registered trademark name of other company/name/etc, for eg., amazonaffiliates.in, amazon-deal.in, amazn.co.in, delllaptop.in, vodafoneidea.in, facebookfollower.in, instagramfollower.in, googlesearch.in, googleindia.in, etc.
In case we find that any customer has registered a domain name which is a registered trademark name of other company/name/etc, for eg., amazonaffiliates.in, amazn.co.in, delllaptop.in, vodafoneidea.in, facebookfollower.in, instagramfollower.in, googlesearch.in, googleindia.in, etc, or any porn related domain names then we have a right to delete particular domain / suspend the account. No refund will be given.
Any account found to be in violation of another's 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 agrees not to use our Linux shared hosting (HDD) or Reseller Hosting (HDD) hosting space as a storage server for storing backup files like tar.gz , zip , or heavy storage backup files. If we find backups stored in your account they will be removed automatically. Customer is responsible to keep their accounts up to date and secure at all times. Also, we do not allow mp3, mp4, flv, movies, softwares etc. or any multimedia files to be hosted in this plan. However, If you still want to host such files, then please use Linux Shared hosting (SSD) , Linux Reseller Hosting (SSD) , VPS or Dedicated Server plan only.
Since HDD type Hard Disk does not have high data read/write capacity, hosting contents like html, css, js, PHP, jpeg , png or .ico files of more than 20 MB file size is considered bad and unoptimised. This makes the performance of the server slow. Please optimise such files before hosting them as we do not consider such unoptimised files to be hosted in our Shared HDD Server.
Customer is self responsible for their data and its protection. Acno Tech does not take the responsibility of site getting hacked, malware attacked, virus uploads, unauthenticated logins or data loss. Customer should maintain their own backups and download to their local systems whenever required for their data safety.
35. ELECTRONIC COMMUNICATIONS / NOTICES
a) Any notice or other communication required or permitted to be delivered to Acno Tech under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to firstname.lastname@example.org
c) All official / legal communications and correspondences with Acno Tech has to be done in the English language only. Any correspondence received in any other language other than English will not be permissible and no legal action can be taken against Acno Tech in such scenarios.
Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Acno Tech that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
26, N. P. Lane,
Kolkata, West Bengal, 700036
Otherwise also, if you have any questions about this Agreement, please contact us at the above address.
36. GRIEVANCE OFFICER
Acno Tech shall address any grievances of users, whether registered or not, with respect to the website content or any other aspects connected therewith, in a time bound manner. For this purpose, Acno Tech has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Customer Relation Officer
The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in terms of the Information Technology Law.
37. YOUR RESPONSIBILITIES
It is your responsibilities to comply with applicable law and obligations for the services used. In addition, You are responsible for the security of your website/content/images/files/anything stored on the server under your account and also for maintaining backup of your content and immediately removing malware/virus/malicious files.
Data stealing, grabbing backups/files/databases/emails etc. of other customer's account is a serious offence. Acno Tech is not responsible for these in any circumstances.
a) Your account & data will not be available on failure to renew the service on time. The system will automatically delete your data after 15 days of overdue date if you fail to renew on time.
b) Domain registration is subject to availability of domain name at the time of registration.
c) Acno Tech cannot be held responsible for any failure of a domain or website transfer from other service providers. When transferring a domain from other service providers under some situation it may not be technically possible to transfer it successfully due to wrong EPP code or blocking the domain by other service provider or any other reasons, user understands that it is their responsibility to ensure that the domain is renewed with other service provider or transferred to Acno Tech successfully.
d) Acno Tech provides dedicated server based on virtualized environment such as VMWare or KVM to provide quality service and better uptime. Read more at https://blog.acnotech.in/what-is-the-difference-between-a-dedicated-server-and-vps-server/
e) inode limit - The total number of inode can be used by a customer is based on the plan, What you have chosen and paid for.
f)We provide support through chat, email, support tickets and calls. Our technical and sales support timing is from 10:00 am to 6:00 pm IST from Monday to Saturday. Our support may not be available on public holidays in India.
g) We provide instant account activation for our shared and reseller web hosting plans. VPS servers are activated within 12 hours. Dedicated servers are activated within 12 working days if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor. Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.
h) Acno Tech does free transfers of accounts to its servers from providers that use cPanel and allow transfer through cpanel API. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the nameservers. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients. Acno Tech may time to time change the IP of servers, perform migration of servers and perform maintenance which may or may not be informed from beforehand. Any new order which is still in pending status due to non-payment can be cancelled and deleted within 15 days from the date of order placed.
39. FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
40. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
41. COMPLIANCE WITH LOCAL LAWS
Acno Tech makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal and prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
42. GOVERNING LAW
Customer agrees to use the service in compliance with applicable law and this Agreement, in particular, Acceptable Usage Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Further:
a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Kolkata, W.B., India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
43. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Acno Tech cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We cannot be held liable for the resold services and certain equipment, routing, software, and programming used by Acno Tech that are not directly owned or written by Acno Tech. Moreover, Acno Tech holds no responsibility for the use of our clients’ accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Acno Tech sees fit. FURTHERMORE, Acno Tech retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don't agree to these services, either don't purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.