Preliminaries: M/S. P cube IT Services Pvt. Ltd., is a Web Presence Provider. The purpose of this Service Agreement / Service Contract “the Agreement”, “AUP” “Service Contract” is to specify the terms, conditions, and obligations which a customer agrees to accept by the his, her or its conduct of using the Services of P cube Services for the registration and renewal of the registration of a domain name, or by opening an account for any of its services with P cube Services for such purpose.
By Ordering at P cube Services [PCUBE LIVE] and any of its associated sites you have to follow & abide by following terms.
This Acceptable Use Policy (“Policy”) describes the proper and prohibited use of P cube Services Shared Web Hosting services (“Services”) as subscribed to the Master Service Agreement. This Policy is designed as a guideline and is not exhaustive as such. The policy can be modified from time to time effective upon posting on P cube Services web site. The Services allow you to develop, publish, and display a web site, store data in a database, send and receive e-mail messages, maintain a bulletin board through which you can interact with the Internet users, and send and retrieve various information. P cube Services does not monitor or censor the information you make available or collect through the use of the Services with the exception of systems and network resources monitoring. However,
P cube Services will act upon Policy violations when such are discovered during regular monitoring processes or reported to P cube Services. P cube Services expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette.
As considerations for P cube Services provision of Services, you agree to abide by the following provisions relating to the acceptable use of your P cube Services account.
P cube Services reserves the right in its sole discretion to: Revise this Acceptable Use Policy which shall be posted at P cube Services web site; and Remove any content for any reason, including but not limited to, your violation of any conditions of this Acceptable Use Policy. P cube Services right to remove inappropriate content under this Policy shall not place an obligation on P cube Services to monitor or exert editorial control over the content of your account. You agree not to use or allow access to P cube Services to:
P cube Services is committed in offering you the resources to grow and not charge you for resources such as disk space & bandwidth unless they are exploiting server resources or violating our FUP. Unlimited Plans does not mean you are able to use your hosting in such a way that it negatively affects the server operation for illegal purposes, or uses the resources in a way that affects our server stability / performance or other users sharing the resources on the server.
To avoid too much consumption of resources by any single user P cube Services has placed limits on the amount of a servers resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to P cube Service discretion what constitutes server abuse.
On certain web hosting plans, P cube Services does not place limits on the amount of particular resources a single client may use. P cube Services makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. P cube Services monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.
Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, mp4, zip, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.
A Fair Usage Policy (FUP) is necessary to ensure our hosting services are used fairly and our services operate reliably for all our customers. Resources provided on our hosting services are governed by this Fair Usage Policy. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is affecting P cube Services services/systems or other users.
The client whom, in our reasonable opinion that have breached this FUP will be contacted by EMAIL and ask to upgrade his/her plan to a new dedicated server plan to reduce their excessive usage utilization. P cube Services may also suspend that client account prior to notify that client if that action is needed to bring stability to our systems/servers. Client suspensions prior to notification by P cube Services is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. What is deemed inappropriate or excessive amount of resources will be determined by a number of factors including but not limited to our policies which includes the following:
Inode Limits on our Shared & Reseller Hosting
An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, and folders anything you store on the server.
There is currently a limit of 100,000 inodes on our shared accounts.
What is the 100,000 inode limit?
Shared and Reseller servers only allow 100,000 files per cPanel/website panel account This is a “hard limit” meaning that while the limit is reached, i.e. the 100,000 file threshold it will no longer be included in our weekly backups. Additionally, if the account happens to exceed 110,000 files then it will be in violation of our Terms of Service and can result in possible suspension.
The total number of inodes in an account may not exceed 100,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory cannot contain more than 3,000 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.
Database Restrictions at P cube Services
Our attachment limit is 10 MB, you are now allowed to send files in excess of 10 MB.
Policies on Cron Jobs
All cron jobs must be niced to 15 or greater A cron job should not execute more frequently than once every 15 minutes
No server logs can be provided for the shared hosting account.
P cube Services servers are not allowed be used as a backup/storage system and only one cPanel/Site Admin backup for that same account is allowed.
Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.
All interactive chat web applications are strictly prohibited on P cube Services servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides real-time chat is not permitted. Shout boxes, Chat boxes and other web based chat programs other than those specifically provided by P cube Services are prohibited.
Under no circumstance is pornography permitted, we do not allow any form of pornography, nudity, sex related content. Any adult-oriented e-commerce stores, and similar are allowed only if the content is legal in the India. P cube Services will be the sole arbiter as to what constitutes a violation of this provision. Should you require hosting for adult oriented content, please contact a host who specializes in this hosting realm.
Dedicated Server Management
If the client had opted for server management services from P cube Services then P cube Services have an authority to curtail the root access of the server for the client. In case, client demands for root access in order to upload any applications or tamper with the server then PCUBE LIVE will not be responsible for any miss happenings/server failure. The client will be solely responsible for the miss happenings and P cube Services will not be liable for any support in order to restore the server to its previous state. P cube Services Support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).
Third party script installation is at client own risk. P cube Services will not be responsible for any data loss/ security issues that occur due to the third-party software that client install at their end or get them installed by P cube Services team.
P cube Services will not entertain resellers clients queries, if resellers want their end users to be entertained by P cube Services then there’s a separate fee to be paid by reseller which can be obtained with the Sales team of P cube Services upon request
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or try to gain unauthorized access to another network or server.
Your password grants access to your account. It is your responsibility to keep your password secure.
Sharing your account access and passwords with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Attempting to obtain another users account password is strictly prohibited, and may result in termination of service.
You may not attempt to circumvent user authentication or security of any host, account or network. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, however are not limited to cracking tools, password guessing programs or network probing tools.
You may not attempt to interfere with service to any host, user or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, attempts to “crash” a host and deliberate attempts to overload a service.
Users who violate network or systems security may incur civil or criminal civil liability. P cube Services will cooperate fully with investigations of violations of network or system security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
P cube Services accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
All Unlimited Disk Space Plan & Reseller Hosting Customer agrees that he/she shall not use more than 7% of CPU processing and /or More than 128 Mb of RAM on any of P cube Services Shared hosting servers. Any violation of this policy may result in corrective action by P cube Services, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of this service.
You are prohibited from excessive consumption of resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of P cube Services systems or networks. P cube Services reserves the right to terminate or limit such activities.
If P cube Services determines that you have violated the terms of this Acceptable Use Policy, that determination, made at P cube Services sole discretion, is grounds for immediate termination of your P cube Services account without notice or penalty to P cube Services Jurisdiction and governing law
The laws of India only and no other nation shall govern these terms.
The Parties agree to submit to the exclusive jurisdiction of the Courts located in Jaipur (Rajasthan) India as regards any claims or matters arising under or in relation to these terms and conditions.
Our TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition P cube Services shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that months service. The above applies to all accounts and services provided by P cube Services.
Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a Rs.2500 reconnect charge. Accounts not paid by due date are subject to a Rs.500 late fee for shred hosting, Rs.1000 for Reseller Hosting & Rs.2500 for each dedicated server. Accounts those are not collectable by P cube Services may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
All payments to P cube Services are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a resellers failure to pay their dues, will be able to contact P cube Services and receive service directly only after the servers have been canceled.
All requests for canceling accounts must be made in writing with at least 7 days prior written notice (or Helpdesk ticket submission) and sent to P cube Services helpdesk at firstname.lastname@example.org from your registered email id used while ordering the same service for which cancellation is being made. Account cancellations from any other email id would not be accepted and continued to be billed
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the companys liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
P cube Services, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: P cube Services provides support related to your server or virtual site physical functioning. P cube Services does not offer tech support for application specific issues such as asp/asp.net/cgi/python/or any other programming, html or any other such issue. We only provide support on the softwares we installed during the server setup and provided by us, the support for the same is subject to the support policy of the principle software developers. P cube Services does not provide technical support for YOUR customers. If you can email, we encourage you to email email@example.com for assistance, we also encourage you to check our extensive knowledgebase area for finding support on this.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or PCUBE infrastructure for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Interception. Monitoring of data or traffic on a System without permission. Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled. Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective. Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or PCUBE IT infrastructure . We may:
investigate violations of this Policy or misuse of the Services remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Users found to be conducting unsolicited mass mailing will be fined an additional Rs.10,000 Penalty. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.
Other Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by customer/Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
P cube Services takes no responsibility for any material input by others and not posted to the P cube Services Network by P cube Services. P cube Services is not responsible for the content of any other websites linked to the P cube Services Network; links are provided as Internet navigation tools only. P cube Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partys violation of this policy.
P cube Services is not responsible for any damages your business may suffer. P cube Services does not make implied or written warranties for any of our services. P cube Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by P cube Services.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as P cube Services customer, are solely responsible for the content stored on and served by your P cube Services server.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
P cube Services may provide you access to other third party software and/or services (“Third Party Products”) through reseller relationships P cube Services has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by P cube Services and not by the Third Party Vendor. Neither P cube Services nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customers sole risk and such third party products are provided “as is” and without representation or warranty of any kind from P cube Services or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither P cube Services nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and P cube Services with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
The laws of the Republic of India shall govern this agreement
In any event of dispute the area of Jurisdiction would be Jaipur only.
By placing, hiring and continuing to maintain or place information at P cube Services servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.