Terms and Condition
Terms and Condition
ukno.in ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of ukno.in Service constitutes acceptance and agreement to ukno.in's AUP as well as ukno.in's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of ukno.in and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber 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 TamilNadu, India.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ukno.in shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. 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.
4. 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 ukno.in. Accounts not paid by due date may be subject to a late fee at the sole discretion of ukno.in Private Limited. If you desire to cancel your account, please email [email protected] 30 days before expiry of the account. Failure to notify cancellation would result in services billed and payable for the next period.
5. Refund and Disputes: All payments to ukno.in are fully refundable for 7 days. This includes any one time setup fee and subsequent charges regardless of usage. Refunds will be processed to the same mode of payment within 3-5 working days. All related services will be suspended or removed after the refund request. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ukno.in's sole discretion is a valid charge under the provisions of the TOS and /or AUP.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. 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 sent to [email protected]
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.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the 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 damages, loss or injury.
9. Support Boundaries: ukno.in, provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: ukno.in provides support related to your server or virtual site physical functioning. ukno.in does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ukno.in does not provide technical support for YOUR customers. If you can email, we encourage you to email [email protected] for assistance. If you are able to get online and have other questions, the answers may be on our support desk here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources and send an email or create a ticket before calling tech support.
10. SPAM and Unsolicited Commercial Email (UCE): ukno.in 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 ukno.in may not use or permit others to use our network to transact in UCE. Customers of ukno.in 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.
a. Violation of ukno.in's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ukno.in will initiate an immediate investigation (within 48 hours of notification). During the investigation, ukno.in may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ukno.in may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ukno.in reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ukno.in will notify law enforcement officials if the violation is believed to be a criminal offense.
b. 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 ukno.in personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the ukno.in 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.
a. IP Address Ownership: If ukno.in 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 ukno.in in its sole discretion in connection with the Services, during the term of this Agreement. ukno.in shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ukno.in, and ukno.in 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.
b. 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"). ukno.in will monitor Customer's bandwidth and disk usage. ukno.in 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 ukno.in's sole and absolute discretion. If ukno.in 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, ukno.in 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.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the ukno.in Network. Violations of system or network security may result in civil or criminal liability. ukno.in 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
12. Notification of Violation:
a. ukno.in 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.
b. First violation: Any User, which ukno.in 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 ukno.in's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that ukno.in 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.
d. 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.
13. Suspension of Service or Cancellation: ukno.in reserves the right to suspend network access to any customer if in the judgment of the ukno.in 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 ukno.in 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.
15. Indemnification: ukno.in wishes to emphasize that in agreeing to the ukno.in Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ukno.in for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ukno.in or the bringing of any claim against ukno.in by any third-party. This means that if ukno.in is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ukno.in, plus all costs and attorney's fees.
16. 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.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. ukno.in takes no responsibility for any material input by others and not posted to the ukno.in Network by ukno.in. ukno.in is not responsible for the content of any other websites linked to the ukno.in Network; links are provided as Internet navigation tools only. ukno.in disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d. ukno.in is not responsible for any damages your business may suffer. ukno.in does not make implied or written warranties for any of our services. ukno.in denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ukno.in.
e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
17. Responsibility for Content: You, as ukno.in's customer, are solely responsible for the content stored on and served by your ukno.in server.
18. Windows Servers: Requirements for using Microsoft software. 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.
ukno.in may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships ukno.in 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 ukno.in and not by the Third Party Vendor. Neither ukno.in 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 ukno.in 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 ukno.in 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 ukno.in 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.
19. 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.
Acceptable Use Policy
ukno.in's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what ukno.in expects of them while using the service. All users of ukno.in's 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 ukno.in Service constitutes acceptance and agreement to ukno.in's AUP as well as ukno.in's TOS (Terms of Service)
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. ukno.in may cooperate with legal authorities and/or third parties 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 ukno.in account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of ukno.in's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of ukno.in's AUP:
1. Ensure reliable service to our customers
2. Ensure security and privacy of our systems and network, as well as the networks and systems of others
3. Comply with existing laws
4. Maintain our reputation as a responsible service provider
5. Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
6. Preserve the value of Internet resources as a conduit for free expression and exchange of information
7. Preserve the privacy and security of individual users
ukno.in intends to provide its customers access to everything the Internet has to offer. While ukno.in is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both ukno.in and the Internet and cannot be permitted under the guise of free speech. The resources of ukno.in and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your server or virtual site to publish material, which ukno.in determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a ukno.in account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at [email protected].
Effective date: May 25, 2018
For further information about this policy, please contact: [email protected]
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