Common TOS for Hosting Products - 1
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Invanos.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Invanos.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
There is one time website transfer is included in Magento Shared, VPS and Dedicated Hosting. For Site Transfer on our newly purchased VPS, Cloud VPS or Dedicated Server is 100% Chargeable as per server and website configurations.
Money back Guarantee
On dedicated servers, VPS Servers, Magento Optimized Shared Hosting, Custom Architecture hosting, Cloud VPS no refund will be honored -- the 30 day money back guarantee does not apply.
Each of Invanos.com's managed shared, and reseller shared Hosting carry a 30 day money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, VPS Servers, Magento Optimized Shared Hosting, Custom Architecture hosting, Cloud VPS, administrative fees, install fees for custom software, or domain name purchases.
Invanos.com will not activate new orders or activate new packages for customers who have an outstanding balance with Invanos.com. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Invanos.com in writing.
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Invanos.com does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Invanos.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Invanos.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Invanos.com, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Invanos.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Invanos.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Invanos.com's server.
Arbitration
By using any Invanos.com services, you agree to submit to binding arbitration. If any disputes or claims arise against Invanos.com or its subsidiaries, such disputes will be handled by an arbitrator of Invanos.com's choice. An arbitrator from INDIAN COUNCIL OF ARBITRATION will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Linux Shared Hosting
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Invanos.com is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or Sharedvices with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Content
All services provided by Invanos.com may only be used for lawful purposes. Indian government laws apply. The customer agrees to indemnify and hold harmless Invanos.com from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. 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. If you believe that your copyright or trademark is being infringed upon, please email admin@Invanos.com.com with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)AutoSurf/PTC/PTS/PPC sites
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Resellers Providing Free cPanel accounts / Web hosting
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
Invanos.com services, including all related equipment, networks and network devices are provided only for authorized customer use. Invanos.com systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Invanos.com system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Invanos.com may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on Invanos.com.com's service(s) are regulated only by Indian law. Given this fact, and pursuant to Section 230 of The Communications Decency Act 1996 (CDA) (United States Enactment), we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Invanos.com.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Indian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Invanos.com.com and many of Invanos.com.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Invanos.com.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Invanos.com.com's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at admin@Invanos.com.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Invanos.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Invanos.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Invanos.com.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Invanos.com is 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 Invanos.com servers.
Resource Usage
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
Uptime Guarantee
If your shared / reseller Hosting, VPS & Dedicated server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Invanos.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact admin@Invanos.com.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.
Dedicated Servers & VPS
Passwords
Invanos.com reserves the right to reset the password on a dedicated server if the password on file is not updated, so that we can able to do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server to prevent downtime from forced password resets. Invanos.com reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
Backups & Data Loss
Private Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. Please refer next point after this paragraph for knowing more about Dedicated FTP Backup Space Allocation. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@invanos.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
Invanos.com is not reponsible any dataloss and backup service for your VPS and Dedicated servers. Invanos.com provides a Dedicated FTP Backup Storage defined in respective Plan on VPS, Enterise Cloud VPS, Dedicated Server, Magento & Wordpress SBOX and Magento VPS & Dedicated Servers. There is on-demand Additional Dedicated FTP Backup Storage available at a cost of Rs.200/10GB. It is customers responsibility to configure and keep their data backed-up.
Invanos.com avails one time backup configuration and synchronisation of your backups to your dedicated FTP Backup storage box. For full type of management of your server/s, you can subscribe for our server management services.
All VPS and dedicated Servers comes with basic level of Managed services without any extra cost. All Magento & Wordpress Shared Box Comes with fully optimized managed services & migration.
Prohibited Usage
Hosting or linking to prohibited content that promote illegal activity or present content that may be damaging to our servers, or any other server on the Internet is strictly prohibited. The following below are examples of such content.
(1) - Mass Mailing / Spam Scripts is Stricklt Prohibited(Personal mail server is fine)
Any kind of unsolicited email advertising is not welcomed to our servers. If a client is found to be involved in sending unsolicited email advertising or mass mailing at any extent, we reserve the right to suspend or terminate users account without notification and no refund will be given. Furthermore, Invanos.com reserves the right to pursue legal action for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense, the customer acknowledges that he is responsible for any usage on there account.
You will be charged $50 per blacklist if you are caught spamming illicit and unsolicited emails, this is enforced by a local collection agency whom will follow up and we have right to share your details to the agency if it is right to do so.
(2) - IRC Networks Prohibition(Private bouncers & clients is allowed)
We currently do not allow any usage of our services to be used with IRC servers or network, servers found hosting IRC servers will be immediately suspended or terminated and you will be given a warning in which you will have to remove the IRC service from your VPS and that you acknowledge you will not host such service again.
(3) - Torrents & Warez Prohibition(Personal usage is fine if usage is low)
Our servers are located in multiple countries and therefore you must comply with the national laws applicable to online services as to where your service is based (we follow US jurisdiction for US services and EU/Netherlands for Amsterdam). As a result torrents, torrent trackers, warez linking/hosting, rapidleech and other such services is prohibited on our servers. Any accounts found hosting such content will be suspended or terminated without notice.
(4) - Minecraft
In an effort to help reduce abuse to CPU & IO we have decided that we will no longer allow Minecraft hosting on any of our VPS Hosting services. Any new VPS orders will be strictly following these new terms listed.
QEMU / Windows
We do not allow any sort of Windows hosting on our Budget VPS plans whether through Qemu or not, you may be able to host Windows 2008/2012 server through our Enterprise cloud vps plans.
Streaming / TOR / Phishing Sites / Proxy Scanners / Public Proxies/VPNs (Private & Secured VPN/Proxy usage is allowed)
This is just a summary of prohibited usage on our servers, we do not allow “ddos scripts” and any other intensive scripts which may affect the node or is against the federal laws of the United States & United Kingdom. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Iniz must adhere to the above policies. Please contact sales if you are unsure.
Additional IP Addresses or FaileOver IP Address IP/Blocks
For additional IP Address, customer needs to specify a generic reason to use that IP. Any Unsolicited use of IP and IP use for mass mailing, will result in immediate Suspension/Termination of your IP or Server incase of main IP. Invanos.com will not be responsible for any loss & Liability occurs to customers due this suspension/termination
To control the spam mailings and to maintain IP's Goodwill/Repo., Invanos follows strict Spam Control Policy. - All Linux Based Budget VPS can have Additional only 1 IP - Customers can get one Dedicated IP on all Magento & Wordpress SBOX Plans at an additional cost. - All Dedicated Servers can be able to order maximum 5 - 10 Failover IPs as per the service level alloted to repective Dedicated Server at additional cost. - If you want more than 10 IPs then you have to susbcribe for our professional pack of Rs.2500 onetime and Rs.2000 per month with respective Number of IP's Cost. - There is no susbcription required for certain servers to avail more IPs on your Dedicated Server - Enterprise Cloud VPS can have Maximium 3 IPs for Netherland location and upto 16 IPs for France/Europe location
Common TOS for Hosting Products - 2
Disputes
All payments after the first 30 days of service (Only in shared hosting) to Invanos.com are nonrefundable regardless of reason or usage. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at Invanos.com.'s sole discretion is a valid charge under the provisions of the TOS, you agree to pay Invanos.com an "Administrative Fee" of Rs.4000/- to Rs.10,000 per dispute as per the dispute level.
Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our 'Feedback' department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our 'Feedback' department first.
Force Majeure
If either Party shall be prevented from performing any portion of this Agreement by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party's performance shall be extended for a period of time equal to the duration of such delay. Notwithstanding anything to the contrary contained in these terms of service and policies, Invanos.com shall not be liable in any manner to the extent its performance is delayed by any event or cause beyond the control of Invanos.com . including without limitation, fire, explosion, storm, flood, electrical blackout, heat or cold, war, rebellion, terrorist act, insurrection, riot, strike, breakdown or accident to machinery, or compliance with the order of any governmental authority.
Disclaimer
Invanos.com shall not be responsible for any damages your business may suffer. Invanos.com makes no warranties of any kind, expressed or implied for services we provide. Invanos.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Invanos.com and its employees.
Disclosure to law enforcement
Invanos.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the TOS
Invanos.com reserves the right to revise its policies at any time without notice.