Terms of Use & Services

Tech Malabaricus Consultants & Developers in Web and Mobile Technology

You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.
As a Web Hosting Provider (“WHP”), we offer our clients the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our clients to be fully informed of their rights and obligations — and ours — in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each client’s respective services agreement (the “Services Agreement”), is intended as a plain English guide to those rights and obligations.
Internet is not bound to countries and physical boundaries. It has it’s own ETIQUETTE’S and PRIVACY of ELECTRONIC MAIL. Anyone who is trying to SEND UNSOLICITED MAIL in India or abroad is TRYING TO INVADE PRIVACY, which directly violates our policy.
The fundamental fact about the Internet is that no one — neither us, nor anyone else — owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our clients that results from inaccurate, unsuitable or offensive Internet communications.
When clients disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our clients may create. This places on clients what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both clients and non-clients of ours, clients’ postings to the Internet may affect other clients and may harm our goodwill, business reputation and operations.
For these reasons, clients violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Spamming –
Customer Spamming Policy – Tech Malabaricus has zero tolerance for spam originating from our clients, or from our clients’ clients, or for spam advertising web sites of our clients or our clients’ clients.
The Policy -
Tech Malabaricus has the right to charge $1000 (INR 60000.00) per complaint to investigate.
Tech Malabaricus does not deal with your clients or their clients etc.; we hold our clients responsible for dealing with spam from or about their section of the network.
On any complaint from our dedicated server provider we will suspend your account and depending on the investigation you may be charged our US$ 1000 (or INR 60000.00) fee.
If at anytime we determined that you are deliberately violating our AUP we will either suspend or terminate your server at CBR sole discretion. The 1000 USD investigation fee will apply if we determined that you are deliberately violating our AUP.
All notices about spam complaints will be sent to the email address that you signed up with or the one that we have on file.
Unsolicited, commercial mass e-mailing (known as “spamming”) is a strongly disfavored practice among Internet users and hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our clients.
Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, which may include: -
- Sending UCE referencing an email address for any domain hosted by the Company
- Sending UCE referencing an IP address hosted by the Company
- Harassment, whether through language, frequency or size of messages
The Company will be the sole arbiter as to what constitutes a violation of these provisions. Customer will be face immediate account suspension and/or termination without refund, as well as further penalties for any instance of a verifiable UCE that is reported to the Company.
Copyright Violation — Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringe, and can involve the WHP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials –
Violation of indecency and obscenity laws can result in criminal penalties. Defamation — Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks –
The illegal or unauthorized accessing (often known as “hacking”) of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities –
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Export Control Violations –
The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the Republic of India.
Bandwidth & Utilization –
The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service the Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company, have their sites canceled and/or removed from the servers. The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies.
Other Activities – Whether lawful or unlawful, that we determine to be harmful to our clients, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. Also any acts by anyone in a bid to harass or defame the Company may result in legal action, compensation charges or a combination thereof. The Company will be the sole arbiter as to what constitutes a violation of this policy.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. We will not, as an ordinary practice, monitor the communications of our clients to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a client’s contract with us.
We also are aware that many of our clients are, themselves, providers of hosting services, and that information reaching our facilities from those clients may have been originated by clients of those clients or other third parties. We do not require our clients who offer hosting services to monitor or censor transmissions created by clients of its clients. At the same time, clients who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that clients who offer hosting services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our clients. Failure to cooperate with such corrective and preventive measures is a violation of our policy. We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, we urge our clients to assume that all of their on-line communications are insecure. We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily.
Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect our clients and us from harm, or where such disclosure is necessary to the proper operation of the system. We are not responsible for loss of client content due to server or hardware failure. We do, however, backup our systems daily, but cannot guarantee the content is up-to-date. It is the client’s responsibility to have a full backup of their site. We expect that our clients who provide hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A client’s failure to comply with those laws will violate our policy.
Finally, we wish to emphasize that in signing the Services Agreement, clients indemnify us for any violation of the client of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the client that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the client will pay any damages awarded against us, plus costs and reasonable attorneys’ fees.
Any attempt to undermine or cause harm to the Company server or another client’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of any of the above Terms of Service may result in legal action, service charges or a combination thereof. We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions.