Service Contract for All Customers, Subscribers, Clients, Resellers and Business Associates Preliminaries: Cyberax ("cyberax.com"), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract "the Agreement", "AUP" "Service Contract", "Terms of Service" is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the Services of www.cyberax.com for the registration and renewal of the registration of a domain name, or by opening an account for any of the entire range of services available with www.cyberax.com for such purpose.
1. Definitions: As used in this Agreement, the following terms have the following meanings:
a: "You" ,"Your", "Customer" and "Subscriber" refer to each customer, that is, each person who avails or subscribes for any of Services from Cyberax. or www.cyberax.com
b: "Services" refers to the domain services, shared hosting services, dedicated servers, or any other products/services provided by us as offered through cyberax.com.
c: "Account" means a wholesale account opened with cyberax.com for the registration of domain names and the payment for such registrations and any other products/services; and
2. The Agreement: This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with Cyberax or by using any Services under this Agreement you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Cyberax's servers
CYBERAX Acceptable Use Policy ("AUP") is enclosed here to give our customers and users a clear understanding of what CYBERAX expects of them while using the service. All users of CYBERAX services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of CYBERAX Service constitutes acceptance and agreement to CYBERAX AUP as well as CYBERAX TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To CYBERAX Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. CYBERAX may cooperate with legal/administrative authorities in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your CYBERAX account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of CYBERAX Acceptable Use Policy. The key guidelines behind the establishment and enforcement of CYBERAX AUP are:
The following constitute violations of this AUP:
BEGINNING WITH IMMEDIATE EFFECT, anyone website that supports spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reactivated 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 permanent and immediate removal of the server from our network without any notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
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.
Backup of Data
Your use of the service is purely at your sole risk. Cyberax is not responsible for files and 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 Cyberax servers, unless otherwise specified depending on the account type.
Nameservers and Servers
It is client's responsibility to change the nameservers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable to for changing of nameservers or any delay associated with it. No complaint tickets in this regard shall be entertained also.
All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority.
The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes.
Our SLA agreement of 99.99% uptime is applicable only to Network availability and it does not take into account elements like emergency downtimes and Hardware failure.
Identification Information
You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply Cyberax with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Refusal or Discontinuation of Service
Cyberax reserves the right to refuse or discontinue service to anyone at Cyberax's sole discretion after giving a notice of 15 days. Cyberax may deny you access to all or part of the service without notice if you engage in any conduct or activities that Cyberax in its sole discretion believes violates any of the terms and conditions in this agreement. Cyberax shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
No Warranties
Cyberax makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given Cyberax . or its employees shall create a warranty. Cyberax provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Cyberax be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Cyberax service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Cyberax's servers that such information becomes available to all Internet users and that Cyberax .has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Cyberax servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Cyberax .or on the Internet generally.
Agreement for Domain Name's Change of Registrant
This Domain Name's Change of Registrant Agreement ("Agreement") is by and between www.cyberax.com ("CYBERAX") a Kolkata-based company and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CYBERAX's Change of Registration and represents the entire agreement between You and CYBERAX. This Agreement sets forth the terms and conditions of transferring a registered domain name from the current Registrant ("Current Registrant") to the new registrant ("New Registrant"). By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy below along with any new, additional or different terms, policies or conditions, including the Terms of Service which CYBERAX may establish from time to time.
In addition to transactions entered into by You on Your behalf`, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with CYBERAX, whether or not the transactions were in Your behalf.
You acknowledge that CYBERAX or its licensor is a registrar bound by an agreement between CYBERAX or its licensor and the ICANN. You agree that CYBERAX or its licensor may modify such agreement in order to comply with applicable law and the terms and conditions set forth by the Internet ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by CYBERAX or its licensor.
1. CYBERAX's Role in this transaction
The Current Registrant and The New Registrant both agree they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree CYBERAX's sole role in connection with this Agreement is as processor of the transfer of the registration for the Domain Name and CYBERAX's only responsibility under this Agreement will be to process the electronic transfer of the registration for the Domain Name. The Current Registrant and New Registrant assume full responsibility for the legal validity of the transfer of the Domain Name. Once the Current Registrant initiates the Change of Registrant Request, CYBERAX will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the domain name change within ten (10) days of receipt of this email. In the event the New Registrant fails to confirm the change within such ten (10) day period, You acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the process anew.
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose
This Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at dispute policy, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory administrative proceeding in all such cases before
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
In the administrative proceeding, the complainant must prove that each of these three (3) elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All other disputes and litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our involvement in disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the status quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a Domain Name to a New Holder
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registrars
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with Cyberax or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
CYBERAX reserves the right to amend, revise or modify this Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
cyberax.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CYBERAX Service constitutes acceptance and agreement to CYBERAX's AUP as well as CYBERAX's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of cyberax.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber/customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Rajasthan, India
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, customer/Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, history, account use, etc. to any law enforcement agent who makes a proper written request without further consent or notification to the customer/Subscriber. In addition CYBERAX shall have the right to terminate all services set forth in this Agreement.
Service Rates: Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer/ Subscriber. Customer/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.
Payment: 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 for that month's service or, on the annual renewal date in case of services purchased annually.
Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer obligations to make full payment.
Cyberax retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
It shall be our endeavor to set-up the server within 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay for any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of Cyberax's services.
Payments and Fees: Checks and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of CYBERAX. Accounts not paid by due date may be subject to a late fee at the sole discretion of CYBERAX. If you desire to cancel your account, please raise a ticket in the member control panel 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period..
Failure to Pay: The Company may temporarily deny all services provided or terminate this Agreement upon the failure of customer/Subscriber to pay charges when due. Such termination or denial will not relieve customer/Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Renewals
All necessary reminders shall be mailed to clients for renewals, however, if due to spam filters or technical problems, in case clients report non-receipt of reminder mails, the company cannot and shall not be held accountable for suspension or termination of an account due to non-renewal. It is the owner's responsibility to make timely renewal payments upon year end or as the case may be to avoid suspension or termination of account.
In case of renewals for Dedicated Hosting, if the renewal remains overdue on 7th day, the hosting account will be suspended and if it is overdue on 10th day, the account shall be terminated. It would be the client's responsibility and the company's, to take necessary backup of data before overdue 10th day. In case the data gets lost owing to any delay in renewals, the responsibility would entirely be of clients and no dispute tickets or complaints shall be entertained by the company at any level.
Upon expiry of a domain, the registrar shall have every right to put a default parking page with its own advertisements on it. Clients acknowledge and accept the fact that in case of expired domains, restoration of domains after renewal may take at least five to ten days due to propagation factors or registrar problems. The restoration charges of a domain during redemption period would be applicable as per registrar's policy and might be even a little higher.
Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and by the Subscribers / Customers through the member control panel
Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
Refunds
If Refund request is made by the client and he wants to terminate the services prior to completion of the tenure fixed, then it may be terminated on the following grounds as mentioned below:
A. That client always make available such a balance in his account/control panel, which is given to him with password and user name, through which his renewal of the services be done without fail and client also abide and agrees that if the services are not continued then he inform Cyberax 30 days prior to renewal date of that service.
B. All Web Hosting (Linux and Windows) plans have a 30 day money back guarantee. In case you are not satisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
This 30-day refund policy does not apply to any additional items or services; this includes but is not limited to POP accounts, MySQL, and Real Audio®/Video®. Also not included are Domain Parking services, Domain Registration, VPS & Dedicated services, along with Reseller plans. No refunds are available after 30 days.
C. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time with a valid proof of customer service failer reason, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph (b) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less Domain Name & $10/- Seup Charge.
D. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to cyberax.com via email, 
. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by cyberax.com. Subscriber must also confirm to cyberax.com that all emails, files, and databases are preserved and backed up somewhere other than cyberax.com server space. Once confirmed the cancellation can be processed as per cancellation policy.
E. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50/- billing service fee.
However, if it is made after 30 days, then such a request would not be processed under any circumstance regarding technical, sales, billing or any reason whatsoever. Upon release of refund amount in any case by the company, the company shall not be held accountable for any delay involved in reaching of refund to the client. The company shall not answer or handle any tickets in this regard.
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, customer/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. Customer/Subscriber further acknowledges that the company's 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 loss, damages, or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
For a new domain registration request, a Registrar may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company's liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.
The company shall not be liable for any delay whatsoever occurring in the domain transfer process.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to cyberax.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by cyberax.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: CYBERAX, provides dedicated technical support to our customers/subscribers,however in accordance with purchase plan or service type. We limit our technical support to our area of expertise. The following is our guidelines when providing support: CYBERAX provides support related to your server or virtual site physical functioning. CYBERAX does not offer tech support for application specific issues such as cgi programming, html or any other such issue. CYBERAX does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our Knowledge base - we encourage you to check there first.
The Skype Chat with customers/clients is only for basic help. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info etc on Skype Chat. You may also not make any commitments on Skype chat. All such commitments, disclosures and interactions with our team would solely be at your own risk and Cyberax do not deem valid or vouch for the authenticity of all such interactions. Cyberax recommends that for all complex and advanced issues customer duly raise a ticket by logging into their member control panels.
Sales Commitments
Any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and exempt it from legal action.
If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained.
Ticket, Live Chat & Phone Support
Our telephone and Live Chat support is available for users to update them about the status of their problems. Phone and chat support would not at any point of time be available to render technical and support information to customers.
All clients of Shared Hosting would be allowed to create up to five (5) tickets per month and up to 5 phone support up to five (5) times. However, in case of managed Dedicated and VPS hosting clients there would be no limit on phone and ticket support. All clients of unmanaged Dedicated and VPS Hosting would be eligible to create up to eight (8) tickets per month. Resellers can create up to 7 tickets per month.
For technical and billing related issues, clients can raise tickets only via member control panel and not through emails sent to technical and billing departments. For billing and support related issues we do not entertain any emails addressed to sales and abuse departments. All such mails addressed and sent to cross-functional departments (Sales, Abuse etc) would not be answered by company. Also all such issues would not be handled by our team on Live chat.
No queries of technical and billing nature would be entertained by team on a Sales chat session. The timings for Sales and Technical chat would be 10:00 am to 7:00 pm. Any phone calls made to cross-functional departments (Sales, Abuse, etc) regarding billing or support queries would not be answered by these departments.
Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.
Customers/clients may strictly desist from approaching any individual in person regarding technical support or any other issue. All such attempts would not be entertained or acknowledged by the Company.
SPAM and Unsolicited Commercial Email (UCE): CYBERAX takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CYBERAX may not use or permit others to use our network to transact in UCE. Customers of CYBERAX may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of CYBERAX's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CYBERAX will initiate an immediate investigation (within 48 hours of notification). During the investigation, CYBERAX may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CYBERAX may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CYBERAX reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CYBERAX will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that CYBERAX personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the CYBERAX network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, 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. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Network
IP Address Ownership: If CYBERAX assigns Customer an Internet Protocol address for Customer's use, Customer shall have no right to use that Internet Protocol address except as permitted by CYBERAX in its sole discretion in connection with the Services, during the term of this Agreement. CYBERAX shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CYBERAX, and CYBERAX reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). CYBERAX will monitor Customer's bandwidth and disk usage. CYBERAX shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CYBERAX's sole and absolute discretion. If CYBERAX takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, CYBERAX may, at its sole discretion bill the customer over usage. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the CYBERAX Network. Violations of system or network security may result in civil or criminal liability. CYBERAX will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
• CYBERAX is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
• First violation: Any User, which CYBERAX determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CYBERAX's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
• Second Violation: Users that CYBERAX determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
• We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
• Suspension of Service or Cancellation: CYBERAX reserves the right to suspend network access to any customer if in the judgment of the CYBERAX network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CYBERAX chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
• CYBERAX reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of CYBERAX must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
• Indemnification: CYBERAX wishes to emphasize that in agreeing to the CYBERAX Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CYBERAX for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CYBERAX or the bringing of any claim against CYBERAX by any third-party. This means that if CYBERAX is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CYBERAX, plus all costs and attorney's fees.
Miscellaneous 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.
Responsibility for Content: You, as CYBERAX's customer, are solely responsible for the content stored on and served by your CYBERAX server.
Windows Servers: Requirements for using Microsoft software. Customers/ Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
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.
CYBERAX may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships CYBERAX 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 CYBERAX and not by the Third Party Vendor. Neither CYBERAX 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 customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from CYBERAX 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 CYBERAX 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 CYBERAX 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.
Jurisdiction
The laws of the Republic of India shall govern this agreement
In any event of dispute the area of Jurisdiction would be Kolkata only.
Acknowledgement
By placing, hiring and continuing to maintain or place information at Cyberax's 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.
