Terms of Service

General Terms of Service

The Terms of Service are an agreement between WebServe, a company headquartered in India, and “You” (the users). This agreement outlines the general terms and conditions governing the use of the products and services made available by WebServe (collectively known as the “Services”). Your use of the Services constitutes acceptance of this Agreement. If you do not consent to these terms, you are not permitted to use or access the Services. All customers should agree to all terms and conditions stated prior to signing up for any of the hosting plans and services mentioned by WebServe. WebServe reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when WebServe decides that the account has been inappropriately used.

The English version of this TOS document is the sole authentic version. Any translated version of this document might be provided only for your convenience in reading and understanding the English version. These translations are not legally authentic and cannot replace the authority of the English version. In cases of dispute or conflict, the legal agreements and policies in English hold precedence.

1. General Rules of Conduct

As a user of WebServe’s services, you acknowledge that:

1.1  Your use of WebServe’s website and services, including any content that you contribute, will comply with this TOS agreement, any other Service Agreement or policy that might be applicable to your services, along with all the applicable local, state, national, and international laws and rules.

1.2 You are not allowed to collect or allow anyone to collect any user content or any personal or non-public information about any other user without their prior written consent.

1.3  You will not use the WebServe websites or services in a way that:

1. Is illegal or promotes illegal activity.
2. Encourages or engages in child exploitation or any other activity related to CASM.
3. Encourages or engages in violence against children, animals, property, or terrorism.
4. Encourages or engages in any spam activity, unsolicited bulk email sending, computer or network breaching, or hacking.
5. Encourages or facilitates prostitution or sex trafficking.
6. Violates the intellectual property rights of another user or entity.
7. Breaches the privacy or publicity rights of another user or entity, or violates any confidentiality obligations you have towards them.
8. Disrupts the functioning of the WebServe website or the services offered on it.
9. Introduces viruses, worms, bugs, Trojan horses, or any other harmful code or programs designed to disrupt, damage, or limit the functionality of software or hardware.
10. Includes false or misleading information, or claims about WebServe or its services that cannot be proven or compared accurately.
11. Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
12. Warez – This includes, but is not limited to, pirated software, ROMs, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypting any of the above. It also includes any sites that provide “links to” or “how-to” information about such material.
13. Involvement in Topsites, Ponzi or pyramid schemes, prime bank programs, spam bots, gambling, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts is prohibited.
14. Sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high-yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events.

1.18  WebServe reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content, or generally unacceptable.

1.19  You must refrain from engaging in any deceitful or harmful behavior. You must also avoid actions that could unreasonably strain or burden our infrastructure, as determined by us.

1.20  You are not permitted to reproduce or distribute any portion of this website in any form without explicit permission from WebServe.

1.21  You are prohibited from making any changes to this website or the services it offers, including any related technologies.

1.22  You must only access WebServe Content or user content through this Site or as directed by WebServe.

1.23  You are not allowed to resell or offer the Services for commercial use, including any of WebServe’s associated technologies, without WebServe’s written consent.

1.24  You must not bypass, deactivate, or disrupt the security features of this website or its services (including features that prevent or limit the use or copying of WebServe Content or User Content), or enforce any restrictions on the use of this website or its services, the WebServe Content, or the User Content contained therein.

1.25  You must not host, display, upload, modify, publish, transmit, store, update, or share any information that violates any rules or guidelines of WebServe. If you fail to comply with WebServe’s rules, regulations, privacy policies, or user agreements regarding the use of any computer resource, WebServe reserves the right to immediately terminate access or usage rights to the computer resource, or remove non-compliant information, or both, as deemed appropriate.

1.26  You consent to furnish government-issued photo identification and/or government-issued business identification for identity verification upon request.

1.27  You must acknowledge that WebServe may occasionally call you regarding your account. For such calls, you understand that your conversations may be recorded, and you hereby give your consent for this recording, subject to applicable laws, restrictions, and obligations. This includes the possibility of recording calls without explicit consent on each occasion. You also agree that such recordings may be used as evidence in legal proceedings involving WebServe.

1.28  By providing your phone or mobile number, you agree to receive marketing calls from WebServe, which may be automated or use pre-recorded messages. Your consent for these calls is not a requirement for purchasing any products or services from WebServe. Similarly, by providing your mobile number, you consent to receive marketing text messages from WebServe, which may also be automated. Standard message and data rates may apply.

1.29  In addition to the rights outlined elsewhere in this Agreement, WebServe explicitly retains the right to refuse, cancel, terminate, suspend, or restrict future access to this Site or any Services (including, but not limited to, the right to cancel or transfer any domain name registration) for any User:

1. Whose Account or Services were previously terminated or suspended, whether due to violation of this or any other Agreement or any WebServe policy.
2.  Who has engaged in inappropriate or unlawful activity while using the Site or Services (as determined solely by WebServe).

1.32  If any purchases or account actions appear fraudulent, abusive, or suspicious, WebServe has the right to cancel associated services and close relevant WebServe accounts linked to your name, email address, or account. If WebServe, at its discretion, deems any activity fraudulent, it reserves the right to pursue legal action, and you may be responsible for reimbursing WebServe for any losses, including legal expenses and damages. To dispute service cancellations or account freezes or closures, please reach out to WebServe customer care.

1.33  You certify that by purchasing any of our products from this website, you are 18 years or older.

In compliance with the DMCA Act, WebServe has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected].

2. Abuse of Resources

2.1  Any attempts to compromise or actual compromise of a network device belonging to WebServe or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners, and vulnerability scanning. All infractions and suspected infractions will be vigorously investigated and may result in immediate termination of service.

2.2  Distributed Denial of Service (DDoS) attacks directed at WebServe, or any attempts to launch a Distributed Denial of Service attack from our servers, are strictly prohibited. All infractions and suspected infractions will be vigorously investigated and may result in immediate termination of service.

2.3  The hosting of material that infringes on any copyright, trademark, or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ringtones, or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.

2.4  The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights is strictly prohibited.

2.5  Any attempts to undermine or cause harm to any of our servers are strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses resources and does not take action to stop such activity will face immediate deactivation without a refund.

2.6  Any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites may be offered new terms (i.e., upgrade). While we offer 99.9% uptime, we cannot fully guarantee this, as updates and upgrades are part of our regular maintenance.

2.7  If any client is in any way disrespectful towards any member of WebServe staff, we reserve the complete right to remove them from our services without any refund.

3. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail (SPAM)

3.1  Use of our services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.

3.2  Upon notification of an alleged violation, we will initiate a full-scale investigation. During this period, we may restrict customer access to the network to prevent further violations.

3.3  If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend, or terminate the guilty hosting account. Additionally, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We may notify law enforcement officials if the violation is believed to be a criminal offense.

3.4  Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended, and an administrative fee of $250 USD will be charged to the account.

3.5  The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. A first violation of this policy will result in a warning and a review for possible immediate termination. A second violation may result in immediate termination of your account, and the administrative fees will be $750 USD. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice.

3.6  We have a zero-tolerance policy for the use of our service towards posting of messages or commercial advertisements that violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

3.7  We also prohibit hosting of publicly accessible “open relay” SMTP or            anonymous remailer service for any purpose.

3.8  Spamming, sending unsolicited emails from our servers, or using email addresses maintained by us is strictly prohibited and will result in immediate deactivation of the site with no refund. WebServe shall be the sole arbiter of what constitutes a violation of this provision.

3.9  To ensure optimum server performance, we have set limits on the number of outgoing mails that can be sent per domain per hour. The defined numbers are the maximum limit for the highest plan of the service. If you choose a lower plan, the outgoing email limit may vary. Shared customers are allowed to send up to 100 outgoing mails per hour, reseller users up to 25 mails per hour, VPS/cloud customers may send 1000 outgoing mails per hour, and dedicated server users may send 2000 mails per hour.

3.10  We do not guarantee inbox email delivery with any of our hosting plans. If your emails are not delivered as expected, our services will not be accountable.

4. Transfers/Migrations

4.1 We provide a free migration service to assist in transferring your website from your previous provider to ours. While we will make every effort to migrate your site files and data, it remains your responsibility to ensure suitable access for data retrieval and verify the successful migration of the website. We aim to complete website migrations within 72 hours; however, we cannot guarantee specific timeframes. Additionally, we may migrate emails, DNS records, and domain names in some cases, but we cannot guarantee uninterrupted or successful migration of these elements.

4.2 The configuration of each hosting company varies, and data may be stored in incompatible or proprietary formats, making migration difficult or impossible in some cases.

4.3 The complimentary transfer service is valid for thirty (30) days from your sign-up date. For transfers beyond this period, charges may apply. Please contact our Transfers/migration department by raising a ticket. WebServe cannot be held responsible for any lost or missing data during transfers to or from our service. It is your responsibility to back up your data at all times.

4.4 Free migration services are not available for unmanaged hosting. If migration assistance is required, additional charges will apply.

4.5 For both managed and unmanaged hosting services, migration charges will apply if the control panel differs or if the migration is done manually.

5. Bandwidth Regulations

If the customer’s account exceeds the bandwidth limit, we will inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade their account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit is not exceeded again or when the account is upgraded, whichever is earlier. The account will be reactivated in the following month.

6. Unmetered Bandwidth

We do not set a limit on the amount of bandwidth you may use in the normal operation of a personal or small business website provided it complies with this agreement. However, if your service usage or content presents a risk to the stability, performance, or uptime of our servers, data storage, networking, or other infrastructure, you may be required to upgrade to a VPS or we may take action to restrict the resources your website is utilizing.

7. Unacceptable Resource Usage

The rules mentioned below are applicable only for shared, reseller, and cloud hosting plans.

7.1 The storage space on the hosting server can only be utilized for hosting websites and applications.

7.2 This space should not be used for storing unwanted files not in use for your websites or applications.

7.3  This space should not be used for files that can be stored on your local machine, website backups, FTP hosts, or for demo purposes.

7.4  Do not run cron jobs with intervals of less than fifteen (15) minutes.

7.5  Do not run any MySQL queries that take longer than thirty (30) seconds.

7.6  Do not use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause excessive use include, but are not limited to, CGI scripts, FTP, PHP, and HTTP.

7.7  The size of each mailbox should not exceed 5GB, and the combined mailbox size per domain should not exceed 50GB. We reserve the right to inspect every account for excessive utilization of disk space, CPU, and other resources that may violate this agreement or the AUP.

8. Reseller Hosting Terms and Client Responsibility

8.1  Using a shared hosting account to resell web hosting to others is not allowed. You must sign up for a reseller hosting plan to become a reseller.

8.2  Resellers must ensure that each of their clients follows this agreement.

8.3 Resellers are fully responsible for supporting their clients, including customer service, billing, and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client’s issue must be reported by the reseller on the user’s behalf.

8.4  Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their users. We may hold any reseller responsible for any activity from their client’s account that violates the law or this agreement.

8.5  WebServe shall not be held liable for the acts or omissions of our resellers. The reseller agrees to indemnify WebServe against any and all claims brought by any customer resulting from the actions or omissions of the reseller.

8.6  WebServe retains the right to review our Reseller plan at any time. Changes will take effect as posted publicly or at any later date as the Company may designate.

9. WebServe as a Reseller or a Sub-licensor

9.1  We may use certain third-party services, hardware, software, and equipment and act as a reseller or sub-licensor.

9.2  We are not liable for any modifications to the services that cause any resold products to become outdated, including improvements or adjustments that otherwise influence the output of the services.

9.3  Any failure or defects of resold services, whether sold, sub-licensed, or given to you by us, shall not be considered a violation of the Company’s obligations under this Agreement.

9.4  Any rights or suggestions you may have concerning the possession, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.

9.5  You are qualified to use any Resold Product that we provide only in connection with your use of the Services as permitted under this Agreement.

9.6  No attempt shall be made to clone, change, reverse engineer, tamper with, or use any Resold Product other than in connection with the Services.

10. Account Details

To access our services, you’ll need to create an Account. A username and password may be assigned to you upon placing your order, but we reserve the right to modify them. Any changes will be communicated to you through WebServe’s official email ID. By setting up and using your Account, you confirm that all provided information is truthful, accurate, and complete. You’re responsible for all activities on your account, whether authorized by you or not, so it’s crucial to keep your login details secure. Please inform us immediately of any unauthorized account use or security breaches.

11. Domain Registration

11.1  We cannot guarantee the availability of a specific domain name requested for registration by you (Domain). The Domain will always be registered in or transferred into your name. You should manage your Domain’s WHOIS data through your WebServe client area. It is important to ensure that all information is accurate. If your contact data is not kept up to date and cannot be verified, your domain may be taken offline. For optimal service, we reserve the right to change the registrar of a domain at our discretion and without prior notice.

11.2  For all relevant gTLDs, you consent to our role as a Designated Agent, in line with ICANN’s Transfer Policy whenever a request is made to update the registrant contact details linked to a Domain. Accordingly, you authorize us to approve a change of registrant or any alteration to the registrant’s details on your behalf.

11.3  No refund is applicable once the domain is registered.

12. Domain Infringement

You cannot register a domain name that is similar to a trademarked domain or a domain similar to a brand and is engaged in a business providing similar goods or services. Any person attempting to register such a domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in

13. Domain Renewal

We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed, no refunds will be given.

14. Free Domain Offer

Free domain is offered on the highest shared hosting plan and all the cloud hosting plans. Note that the domain name is free only for the first year, and the domain renewal charges are applicable from the second year. This policy applies to selected domain extensions and is subject to change. We reserve the right to approve or decline free registrations or transfers at our discretion. Additional charges apply to extensions not covered by this offer. Any fee adjustments for alternative extensions must be pre-approved by us. The initial registration period is one year, with subsequent renewals subject to our standard renewal rates.

15. Free Hosting Offer

15.1  Customers signing up for shared/reseller/cloud hosting for 3 years will receive 3 months of free hosting.

15.2  Customers signing up for VPS hosting (selected plans only) for 2 years will receive a month of free hosting.

15.3  Offer not applicable if any additional discount or coupon code is used.

15.4  Eligible hosting plans are determined by WebServe and may change without prior notice.

16. Backup Policy

16.1  Your use of the hosting services is at your sole risk. You agree to back up all of your content so that you can access and use it when needed. WebServe does not warrant that it takes the backup of any account or user content, and you agree to accept as a risk the loss of any and all of your user content.

16.2  You as a WebServe user agree that in no case, WebServe can be held responsible for the loss of data in any circumstances.

16.3  Daily backups are included with the shared, cloud, and reseller hosting plans. For these clients, we take daily backups of the database with a retention period of 7 days. Website backups are taken weekly with a retention period of 1 day. Any backup copy maintained by WebServe will not include emails or media files.

16.4  We strongly recommend clients to consider our paid backup solutions for VPS and Dedicated Servers.

16.5  Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

17. Service Uptime

We strive for a service uptime of 99.9%, with exceptions for planned or emergency server maintenance or circumstances beyond our reasonable control. We’ll inform all customers about planned maintenance well in advance through email. If your server encounters an issue, a qualified engineer will address it within 30 minutes of notification. Should the issue persist beyond 30 minutes, you’ll be promptly informed, receiving details of the problem and an estimated resolution time. Notifications may be sent to your registered email addresses.

18. Uptime Guarantee Terms

18.1  Any service interruptions or downtime due to scheduled maintenance by WebServe or our network providers will not count towards the uptime guarantee.

18.2  WebServe is not liable in any way for failure of third-party services.

18.3  WebServe will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third-party services (including DNS propagation), failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of the services.

19. Reasons Why We May Suspend or Disable Your Services

19.1  For dealing with technical problems or making any technical changes. You will be intimated before the account gets inactive.

19.2  For updating the product to reflect changes for laws and regulatory requirements.

19.3  For making changes to the services as notified by you.

19.4  When required by law.

19.5  If we believe that you have violated any material term of this agreement.

19.6  For resolving any third-party claims or actions.

19.7  For avoiding any financial loss or legal liability.

20. Money-Back Guarantee

20.1  All shared hosting, cloud hosting, VPS hosting, and reseller hosting plans are subject to a 30-day money-back guarantee. It is important to note that you must initiate the refund request within 30 days from the date of sign-up.

20.2  Once the refund is initiated, you will receive a full refund of the money that you have paid minus the domain registration fees, which are non-refundable. It’s crucial to note that refunds are not applicable for domain registrations, renewals, transfers, or license payments under any circumstances. These payments are considered final and non-refundable upon purchase.

21. Billing Policy

21.1 If paying through credit card, debit card, net banking, UPI, PayPal the account will be set up immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear and after that the account would be set up.

21.2 Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Dedicated Server, AWS Cloud, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Titan Email, Office 365, and any other paid licenses.

21.3 The modifications done in pricing pattern or policy by the software license company will take effect immediately for WebServe clients.

21.4 No refund will be made if your Service(s) are suspended or terminated for cause.

21.5 The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.

21.6 If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with WebServe if you fail to pay the difference amount.

21.7 Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.

21.8 The cancellation request should be sent through client area.

21.9 After sending the cancellation request, it would take 14 days to complete the refund process.

22. Late Payment or Non-Payment

22.1 Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.

22.2 If your account gets terminated, the data residing on it won’t be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.

22.3 We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

23. Pricing and Promotions

23.1 WebServe offers a diverse range of products, services, and plans to accommodate virtually any web hosting need. Our pricing structure is designed to be competitive and transparent, ensuring that customers receive the best value for their investment.

23.2 Occasionally, we provide special pricing, discounts, coupons, and promotions during the initial term, after which standard renewal pricing applies. Please be aware that these special offers are limited-time promotions available exclusively to new customers and do not apply to subsequent renewal terms.

23.3 Upon the conclusion of the initial term, the services will renew at the standard pricing unless otherwise specified.

24. Taxes

The price mentioned on the site is exclusive of taxes. To view price with taxes, you will have to click on the “add to cart” option to view the price along with the tax amount. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable. GST (Goods and Services tax) is only applicable to the Indian clients.

25. Cancellation Process

25.1 At any point of time, if you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).

25.2 You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.

25.3 It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.

26. Account Termination

Your WebServe hosting account can be terminated due to the following reasons:

26.1 You decide to discontinue: At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.

26.2 Cancellation upon expiration: If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).

26.3 Failure to Pay: If you don’t pay the fees owed for the services, we reserve the right to suspend or terminate those services and may pursue any collection costs incurred by WebServe, including arbitration and legal fees, as well as reasonable attorneys’ fees. User accounts won’t be reactivated until all outstanding amounts are settled. We are not liable for any deleted or lost user content resulting from suspension or termination of services.

26.4 Renewal was not done in time: In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 72 hours (after the expiration date).

26.5 You violate our Terms of service: If you violate our terms of service during your subscription period at WebServe it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we would usually take instant action.

26.6 Potential fraud: We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.

26.7 A Dispute or Chargeback: During the violation of our Terms of Service, we would initially suspend and give a 7 days’ timeframe to resolve the concern with WebServe before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.

26.8 Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and WebServe shall not be liable for the same.

27. Invoice Disputes

27.1 If you have any inquiries regarding charges on your account, contact our billing team at [email protected].

28. Account Security and Company Systems

28.1 You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

28.2 Your password provides access to your account. It is your responsibility to keep your password secure.

28.3 Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

28.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

28.5 You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

28.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

28.7 You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. WebServe will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

28.8 It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the 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 username and password. You are required to 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 or update your password before suspending your account.

28.9 The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.

28.10 During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

28.11 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 requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

28.12 Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.

28.13 We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

29.Indemnification

29.1  Customer agrees that they will protect, indemnify, save, and hold WebServe harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney’s fees assessed against WebServe, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns.

29.2  Customer agrees to defend, indemnify, and hold WebServe harmless against liabilities arising out of:

• Any injury to person or property caused by any products sold or distributed in association with WebServe’s Services.
• The loss of any electronic files furnished by the customer (or customer’s customer).
• Copyright violation and any defective products sold to a customer from WebServe’s Services.

30. Limitations to Liability

30.1  To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold WebServe, its officers, directors, employees, licensors, agents, subcontractors, and/or third-party service providers liable for any direct or indirect damages of any nature and type.

30.2  Customers may incur various types of damages resulting from events beyond our control, such as delays, malfunctions, or suspensions in service provision. These damages may include, but are not limited to, loss of profits, cost savings, revenue, business, data, or use. Examples of such events include force majeure, third-party actions, faults in machines or software, and acts or omissions by customers contrary to the obligations outlined in these Terms of Service. Additionally, customers may experience data loss due to hardware or software failure, encounter issues with information or content accessed through our services, receive technical support, or use the services themselves.

30.3  In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

31. Dispute Resolution and Jurisdiction

31.1  Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor shall anything in this Agreement be construed to grant any rights on any individual other than the Parties hereunder and their respective successors and approved assignments. Notwithstanding the above, the customer recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.

31.2  You agree that the Courts of Nashik, Maharashtra (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement, and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of the TOS, as well as any other document entered into by the Parties, shall be governed by the laws of India.

32. Price Changes

Our service rates are subject to periodic adjustments based on our vendors’ pricing. As authorized partners of various license providers and domain registrars, any alterations to their pricing may compel us to raise our service fees to maintain cost coverage. It’s essential for you to periodically review billing details to prevent unexpected changes in pricing.

33. Third Party Beneficiaries

33.1  In the event of any dispute, controversy, or claim arising out of or related to this Agreement, you and WebServe shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim to reach a solution satisfactory to each Party.

33.2  When you buy a third-party product or service from us, you are bound by this TOS agreement and the terms and conditions of the third-party product or service.

     For reference:

• cPanel & WHM: https://cpanel.net/legal-notices/
• LiteSpeed: https://www.litespeedtech.com/docs/webserver/license-enterprise
• AWS: https://aws.amazon.com/service-terms/
• WHMCS: https://www.whmcs.com/terms-of-service/
• Office 365: https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default
• G Suite: https://policies.google.com/terms
• Spam Experts: https://www.spamexperts.com/software-services-agreement
• Webuzo: https://webuzo.com/license/
• Plesk: https://www.plesk.com/legal/
• Softaculous: http://softaculous.com/softaculous/tos
• BitNinja: https://bitninja.io/terms-and-conditions/
• ESET: https://www.eset.com/us/software-eula/
• DigitalOcean: https://www.digitalocean.com/legal/terms-of-service-agreement/

34. Change of TOS

34.1  WebServe may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s), or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

34.2  No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.

34.3  By signing up for our services, you agree to WebServe’s Terms of Service, Privacy Policy, and all the regulations set out by WebServe.

Privacy Policy

Your privacy is very important to us. Below, we explain how your personal data is processed when you use our website and services, and what rights you have in this regard.

For WebServe., the protection of your personal information is a top priority. We comply with the relevant data protection laws and would like to inform you comprehensively about the handling of your data with the following data protection information.

1. Your Information

1.1 When you sign up for any of our services, we will ask you to provide contact information for your convenience as well as legal reasons. This includes your name, address, phone number, and email address.

1.2 When you place an order for one of our products, we request your personal data, necessary for concluding the contract. This contractual data will be retained by us for the duration of our business relationship, as it is required for fulfilling the contract. If you terminate your contract, we may retain your contractual data for a longer period if there are objections or claims that still need resolution.

1.3 Moreover, we may also retain your data for a longer duration if there are legal retention obligations. In such cases, data processing is limited to compliance with statutory retention periods, and the data is not processed for any purposes beyond this.

1.4 If you need support, our staff may need to know information to solve the problem, such as your operating system, browser software, and editing software.

1.5 When you visit this website, we record certain information using Google Analytics, such as your location, browser version, IP address, screen resolution, operating system, and Flash support. This helps us to continue providing the most convenient website for all our visitors.

1.6 Our website is protected by a Secure Sockets Layer (SSL) and verified by GeoTrust. This helps prevent eavesdropping on our website.

2. Visit to our Website

2.1 When you visit our websites, we collect personal data. This includes data gathered when you place an order, as well as data collected when you view our websites or social media profiles.

3. General Principles: Confidentiality

WebServe processes all personal data in accordance with the general data processing principles:

3.1 The data is managed lawfully, honestly, and in a transparent way.

3.2 Personal data is collected and processed only for specified, explicit, and legitimate purposes.

3.3 It is ensured that personal data is adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed, adhering to the principle of data minimization.

3.4 It is ensured that personal data is accurate and, where necessary, kept up to date, adhering to the principle of accuracy.

3.5 It is ensured that personal data is kept in a form that allows the identification of data subjects for no longer than necessary for the purposes for which the personal data is collected.

3.6 Personal data is processed in a way that ensures appropriate security, including protection against unauthorized or unlawful processing, as well as against accidental loss, destruction, or damage. This is achieved through the use of appropriate technical and organizational measures to uphold the integrity and confidentiality of the data.

3.7 All information stored on WebServe’s platform is treated as strictly confidential. It is stored securely and accessed only by qualified and authorized personnel.

4. The Way We Utilize Your Data

WebServe processes all personal data in accordance with the general data processing principles:

4.1 We utilize, store, combine, and process information, including personal information, about you to provide, understand, improve, and develop the WebServe platform. This includes creating and maintaining a trusted and safer environment and ensuring compliance with our legal obligations.

4.2 To identify users, personal identification information is collected and processed. This information is used for user identification, service usage, and domain name registration.

4.3 Additionally, it may be utilized to provide users with support, notify them about upcoming updates or improvements, communicate changes to any Terms of Use (including changes to this Policy), and convey other important information.

4.4 To create and maintain a trusted environment, we verify or authenticate information or identifications provided by you, such as ID numbers, email addresses, or phone numbers.

4.5 Additionally, collected information is used to detect and prevent fraud, spam, abuse, security incidents, and other illegal and harmful activities

4.6 To generate aggregated statistical data and conduct market research and analysis essential for our business operations and service enhancements, we utilize aggregated and/or inferred non-personal information. This enables us to assess our customers’ needs, sales trends, and other activity patterns.

4.7 To customize marketing efforts, we may conduct data analysis based on the information you provide us and your interactions with the WebServe platform and its users. This enables us to offer more personalized offers to our users.

4.8 To send billing and service messages. WebServe may contact you with important information regarding our services or your use thereof. For instance, we may notify you if a service is temporarily suspended for maintenance, respond to your support inquiries, send reminders or warnings about upcoming or late payments, forward abuse complaints regarding your hosting plan, or inform you of material changes in our services. Since this communication is essential, no opt-out options are provided for receiving such service and billing messages unless you are no longer a WebServe user.

4.9 For registering domain name. In certain jurisdictions or pursuant to the rules of ICANN or certain registries, domain name registration information must be made available to the public through a “WHOIS” search. The WHOIS database is a publicly accessible database that contains domain name registration information, including the domain name’s creation and expiration dates and the name server(s) associated with the domain name

4.9.1 The domain name registration information you provide is stored by WebServe and is accessible to the public through WHOIS searches. WebServe may also share your domain name registration information with a third-party escrow provider to comply with ICANN requirements. Users may receive solicitations resulting from searches of the publicly available WHOIS database by other companies or individuals. These solicitations or email communications do not originate from WebServe, and WebServe is not responsible for the use of WHOIS information by third parties. WebServe acts solely in accordance with ICANN rules and requirements. For more information, please refer to: ICANN’s Approved Specification for Whois.

4.9.2 We may contact you to notify you about your account, troubleshoot problems, resolve disputes, collect fees, conduct surveys or questionnaires, send updates about our company, or enforce our User Agreement, applicable national laws, and any agreements we have with you. For these purposes, we may contact you via email, telephone, or text messages.

4.9.3 We may contact you via email to request reviews of any services and/or products you received from us to gather your feedback and enhance our services.

 4.9.4 To contact you and announce special offers, general announcements, and news. Please note you can opt out of receiving these emails at any time by following the instructions at the bottom of the email.

4.9.5 To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customize your visit.

4.9.6 To provide and improve the services.

4.9.7 To upgrade data security and prevent fraud.

4.9.8 To comply with the applicable laws, rules, and regulations.

4.9.9 We will never provide your personally identifiable information to anyone other than law enforcement or regulatory agencies at their request and third parties who provide services on our behalf, such as payment processing, only if they agree not to misuse this information. We do not under any circumstances, apart from the above, give away or sell your information to any third parties. Your personal information is safe with us; your information is safely encrypted using SSL.

4.9.9.1 Our service is not available to anyone under the age of 13, and we will never intentionally maintain information about anyone under the age of 13.

 5. Chat

5.1 We retain chat histories for 180 days for quality assurance purposes. Through the analysis of stored chat histories, we continuously enhance our customer support. This processing is based on our legitimate interest.

5.2 Additionally, if the chat evolves into a sales conversation resulting in a contract being formed, the sales portion of the conversation is stored for the duration of the contractual relationship. Only the sales-related data is retained in this case, while the quality-related part is deleted after 180 days. This data is necessary for documenting the contract conclusion.

5.3 For the sales part of the conversation involving contract data, processing is limited after the contract ends and is deleted after a retention period of 10 years. As for the quality aspect of the conversation, it is retained for 180 days.

6. Job Applications

6.1 WebServe welcomes all qualified applicants to apply for any open positions listed on our career page. To apply, candidates should submit their contact details and CV (“Applicant Information”) through the relevant Position Application Form on the website or through any other means provided by WebServe.

6.2 We understand that privacy and discretion are crucial to our applicants and are committed to keeping applicants’ information private. We use this information solely for WebServe’s internal and group companies’ recruitment purposes, which include identifying applicants, evaluating their applications, making hiring and employment decisions, and contacting applicants by phone or in writing.

6.3 WebServe may retain applicants’ information for up to one year after the applied position has been filled or closed. This information is collected to reconsider applicants for other positions and opportunities at WebServe. We can use their information as a reference for future applications they submit, and if the applicant is hired, for additional employment and business purposes related to their work at WebServe.

6.4 If you previously submitted your applicant information to WebServe but now wish to access, update, or have it deleted from our systems, please contact our customer support.

7. Direct Marketing and Service Expiration Notices/Renewal Reminders

7.1 When creating an account on our platform, you can give consent and/or opt-out of receiving various offers and notices via email, phone (SMS and/or WhatsApp messages), or in your account settings, depending on available preferences. We use the provided contact details and your preferences for direct marketing (such as sending offers or newsletters) and for service expiration notices and renewal reminders.

7.2 This communication, depending on your preferences, may be personalized by considering any other information you have provided to us (e.g., location, social media profile information, purchase history, etc.) or that we have collected or generated from other sources as described below.

8. Right to Object/Revoke Consent

8.1 If a user wishes to change their communication preferences (revoke consent or object), they are free to do so at any time.

8.2 Following the instructions to unsubscribe in the received email (usually by clicking on the “unsubscribe” link at the bottom of our email).

8.3 Visiting and adjusting their personal account settings (communication preferences).

9. Other Uses of Your Personal Data

9.1 Customer Support: We utilize data, which may include your communications, to assist you and address issues effectively. This involves investigating, responding to, and resolving complaints and problems, such as bugs or other issues encountered on our platform.

9.2 Collective Insights: We leverage data to generate aggregate insights, utilizing your data to produce and share anonymized, aggregated insights that do not identify you personally.

9.3 Security and Investigations: We employ data, including your communications, for security measures, fraud prevention, and investigations. This involves using your data if we deem it necessary for security purposes or to investigate potential fraud or other violations of our Terms of Use or policies, as well as attempts to harm our users.

10. Communications from Us

10.1 When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties.

10.2 When supplying contact information to WebServe, you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your account, going to your member profile page, and choosing not to receive any further notification emails from us or other information pertaining to WebServe.

10.3 Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to WebServe, you can indicate your preference on your member’s profile page to participate in the WebServe newsletter.

10.4 You will receive a confirmation email from us when placing an order on our website and paying through the payment gateway.

11. Newsletters

11.1 We provide the opportunity to ‘opt-in’ and ‘opt-out’ of our newsletter at any time. Our newsletter is sent every month, containing useful information and offers that we may have.

11.2 If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.

12. Accessing/Correcting Your Information

12.1 You can access all your personally identifiable information that we collect by logging into your password-protected WebServe account and selecting to update your ‘Account Details’. We use this procedure to better safeguard your information.

12.2 You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows the error.

12.3 To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

13. Specific Terms and Conditions

13.1 WebServe considers email transmitted via our service to be private correspondence between the sender and recipient.

13.2 We will not monitor, edit, or disclose the contents of a user’s private communications, except as required by law, to comply with legal processes, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third parties, or to protect the rights or property of WebServe.

13.3 By using the service, you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements.

13.4 By using the service, you acknowledge and agree that WebServe does not endorse the content of any user communications and is not responsible or liable for any unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or rights of another.

14. Information sharing and disclosure

14.1 We collect information from our website visitors using Google Analytics. We use this information to better design our website and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.

15. Data Transfers and use of Third-Party Services

15.1 During the collection and processing of your personal data, we may transfer this information to various third parties.

15.2 With your consent, we will share your personal data with companies, organizations, or individuals outside our group of companies when we have your consent to do so.

16. How do we process your personal data?

16.1 Users’ Personal Information may be managed, processed, and stored by WebServe and our authorized affiliates and service providers in various locations.

16.2 WebServe affiliates and service providers, including third-party data centres, servers, website design, administration services, online traffic and website analysis, statistics, direct marketing services, mailers, messengers, and email service providers (when you opt to purchase or use such services), are contractually obligated to maintain the security and confidentiality of your personal data and that of your users while storing or processing it on WebServe’s behalf.

16.3 Domain name registration data and identification data are shared with third parties in compliance with ICANN rules. For more information check – https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#whois

16.4 We may publicly share non-personally identifiable information, as well as with our partners such as publishers and advertisers. This could include sharing information publicly to illustrate trends regarding the overall usage of our platform.

16.5 In the event of a merger, reorganization, acquisition, or sale, we will uphold the confidentiality of any personal data and provide appropriate notices to all affected users.

17. Security

17.1 WebServe has established security protocols aimed at safeguarding the personal information you provide us, encompassing physical, electronic, and procedural measures. These include offering HTTPS secure access to the majority of areas within our services. Additionally, we continuously monitor our systems for potential vulnerabilities and attacks, actively exploring new methods and third-party services to bolster the security of our services and uphold the privacy of our visitors and users.

17.2 Despite the measures and efforts undertaken by WebServe, we cannot provide an absolute guarantee of the protection and security of your personal information, or any other user content you upload, publish, or share with WebServe or any other party.

17.3 We strongly recommend setting robust passwords for your user account and exercising caution when sharing sensitive information with us or any other party, particularly if its disclosure could potentially result in significant or irreversible harm to you.

18. Your Rights

You have various rights regarding the protection of your personal data, which are subject to limitations, restrictions, and conditions as outlined in the GDPR and applicable laws. These rights include:

18.1 The right to access the information that we process.

18.2 The right to correct any inaccurate information concerning you.

18.3 The right to transfer all or part of the information collected about you to yourself or another data controller.

18.4 The right to request the deletion of any data concerning you. Users can request the deletion of data without undue delay for legitimate reasons, such as when the data is no longer necessary for its original purposes or when the data has been unlawfully processed.

18.5 The right to request the restriction of data processing. Users may request restrictions on data processing from the controller for legitimate purposes.

18.6 The right to object to the processing of personal data when processing is based on legitimate interest, as well as in cases where your personal data is used for direct marketing purposes, as outlined in this Policy.

18.7 Some of the aforementioned rights are straightforward to exercise. For instance, you can access and modify your details at any time, opt out of receiving communications from us and our partners by adjusting your personal account settings.

18.8 When you object to the processing of personal data based on legitimate interest, we will carefully review your request. Depending on the circumstances, this may lead to the closure or deactivation of your account.

18.9 In case of any issue, we advise resolving any potential disputed by contacting us.

19. Security of your Information

19.1 The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

19.2 This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

20. Cookies and their use

We use cookies to optimize our websites for you, enhance our products, and display interest-based advertising in collaboration with third-party providers.

Guidelines for the use of cookies

20.1 Protecting your personal data is very important to us. Our top priority is to handle it with trust and transparency. To help you understand what this means for you, we provide a detailed explanation below about cookies and the cookie policy at WebServe. Additionally, we explain how you can limit or prevent the use of cookies.

General Information

20.2 What are cookies?

Cookies are small text files that your browser stores on your device (computer, smartphone, tablet, etc.) when you visit a website. When you visit the WebServe website or use another WebServe service, information is collected and stored via cookies. The benefit of cookies for you is an enhanced browsing experience, as they allow us to identify your preferences and needs. Cookies help us deliver, maintain, and continuously improve our services.

20.3 Origin

First-party cookies: These are stored and managed directly by WebServe. For example, these cookies are used to gather information about user behaviour on our website.
Third-party cookies: These are stored and managed by our partners to conduct statistical analysis of how users navigate the WebServe website or for marketing purposes. This analysis is conducted entirely anonymously.

20.4 Tags 

Tags is a broad term for sections of code that can be embedded into websites to serve various functions, ranging from basic tracking (like tracking pixels) to complex data transmissions (such as conversion tags).

Tags
Tags is a broad term for sections of code that can be embedded into websites to serve various functions, ranging from basic tracking (like tracking pixels) to complex data transmissions (such as conversion tags).

20.5 Pixels (also called pixel tags, counting pixels, or 1×1 pixels)

This method involves a graphic so small (1×1 pixel) that it is visually undetectable on a website and is usually transparent. A pixel can transmit very limited information, such as indicating a “1” (goods purchased) or “0” (goods not purchased).

20.6 Script (also known as JavaScript)

The scripting language bears resemblance to a programming language in its capacity to execute more intricate commands or instructions.

20.7 Purpose
Required Cookies
Essential cookies support the fundamental functionality and usability of the website. These cookies ensure smooth navigation and store essential preferences like language selection or shopping cart contents. They also facilitate access to restricted tools. While service providers may be involved, the responsibility and control for data processing ultimately rest with us.

21. Links to Other Websites

21.1 This website contains links to other websites that are not owned or controlled by WebServe.

21.2 Please be aware that we, WebServe, are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected on the WebServe website.

22. Legal Disclaimer

22.1 We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

23. Fraud Prevention

23.1 When you make an online order with us, we conduct checks to detect any signs of misuse of our web service or attempted fraud based on the terminal device you are using.

23.2 The usage data processed for fraud prevention includes IP addresses, details of website visits, and information on the timing of these visits. Device and browser data utilized in “device fingerprinting” encompass language and country settings, browser specifications, screen details, installed plugins, and software versions.

24. Voice Files

24.1 When you make a telephone order, we record a brief voice file summarizing all key aspects of your order or consent as part of the contract conclusion or as evidence of an opt-in. If you additionally provide consent, we also record the entire conversation to enhance our service quality.

24.2 The legal basis for processing to substantiate the contract conclusion and consent is the contractual basis, as we require this data for contract initiation and subsequent execution.

24.3 The storage of the entire conversation process for quality purposes occurs solely with your consent. Therefore, the legal basis for this is consent.

24.4 Voice files related to contract conclusion or termination are deleted within 2 years at the latest. Voice files stored solely for quality purposes with your consent are deleted upon your request or within 90 days at the latest. If you consent to being contacted for advertising purposes during a call, this segment of the voice file will be retained for 10 years.

25. Data Processing Activities by WebServe

In case that certain limited personal data processing activities are carried out by WebServe, the following data processing rules will be applicable:

25.1 WebServe will process personal data solely based on your documented written instructions or as legally mandated.

25.2 Every effort will be made to implement reasonably available technical and organizational measures to ensure that personal data processing complies with GDPR and relevant personal data protection laws concerning the security of processed personal data. However, understand that the implementation of these measures alone does not guarantee the complete security, safety, and integrity of personal data.

25.3 On your request, WebServe will take reasonable steps to discontinue data processing after the Agreement expires. If required by you, and unless otherwise mandated by applicable law, WebServe will take reasonable measures to erase, make inaccessible and unusable, or return all available personal data to you.

25.4 You shall ensure that personal data is collected and processed lawfully, accurately, relevantly, and adequately. Your instructions to WebServe must be lawful, accurate, relevant, and compliant with the GDPR and personal data protection legislation. Additionally, you shall notify data subjects about the processing and transfer of their data to WebServe in accordance with GDPR and personal data protection legislation requirements.
25.5 You grant WebServe general authorization to engage sub-processors and service providers in the processing of personal data that you control.

25.6 WebServe’s total liability under this Agreement shall be limited to the amount paid to WebServe for services in the last six (6) months.

26. Log Files

26.1 As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyse trends, administer the site, track user movements around the site, and gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

26.2 IP addresses are tied to personally identifiable information to prevent and block abusers from continuing to use our services, such as members who violate our terms of service.

26.3 We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our website in the aggregate of usage and volume statistics to determine how our users navigate through our website and to know how many users are using our services demographically.

26.4 We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, forum, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notifications and service announcements from us on your member profile page.

26.5 You can choose to opt-out from receiving any further notifications from your member profile page. We do not share this information with outside parties.

27. Surveys

27.1 Upon using our free services, you may be requested to participate in our periodic internal surveys that are conducted by WebServe to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.

28. Acceptance of this Policy

28.1 We assume that all users of the WebServe platform have carefully read this document and agree to its contents. If you do not agree with this policy, you should refrain from using our website and mobile applications. We reserve the right to change our policy at any time and we will keep you informed about the changes. Continued use of WebServe’s website and mobile applications implies acceptance of the revised policy.

28.2 This privacy policy is an essential part of WebServe’s Terms and Conditions.

28.3 We will seek your consent before using your information for any purpose not outlined in this privacy policy.If you have any further questions regarding the privacy policy or the information collected by WebServe or how it is used, please feel free to contact our customer care team.

Acceptable Usage Policy

General Acceptable Use Policy

The following is the entire Acceptable User Policy (“AUP”) agreement between WebServe and the personal or corporate account holder. WebServe provides managed web hosting and domain name service. WebServe has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. WebServe’s general policy is to act as a provider of Internet presence. WebServe reserves the rights to suspend or cancel a customer’s access to any or all services provided by WebServe when we decide that the account has been inappropriately used.

What is Appropriate Usage?

WebServe web hosting solution has specifically been designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with several other clients on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. For that, we recommend purchasing at least a virtual private server, cloud or dedicated server solution.

WebServe hosting is a shared web hosting service, which ultimately means a number of customers’ websites are hosted within the same server environment. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer’s website usage cannot adversely affect the performance of other customers’ sites. We monitor our servers 24/7/365 and in no way can one customer adversely affect the performance of that server. If this happens, we will take preventative measures to ensure that the entire community is protected.

Lastly, our web hosting service is intended to host websites, not backup or storage facility for users’ data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only.

Offensive Content

You may not publish or transmit via WebServe’s service any content that WebServe reasonably believes:

• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WebServe;
• is otherwise malicious, fraudulent, or may result in retaliation against WebServe by offended viewers;

WebServe does not accept material such as:

Proxy, Warez, Escrow, High Yield Investment Programs(HYIP), Multi-level marketing (MLM), Gaming servers/applications, illegal Gambling and Lottery sites.

WebServe can terminate service for any of the above reasons and it’s at WebServe’s sole discretion to issue a refund.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial Email

Bulk commercial email, mailing lists and email reflectors are allowed on WebServe’s servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your WebServe account you must adhere to the following rules:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You may not obscure the source of your e-mail in any manner.
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your WebServe service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your WebServe service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your WebServe’s services.

Material Protected By Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

WebServe will terminate the service of repeat copyright infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the WebServe network.

Disclaimer

WebServe is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the WebServe network.

Internet Abuse

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to WebServe and its customers) without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the WebServe network.
• Use of WebServe’s network in a way that unreasonably interferes with WebServe’s other customers use of the network.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Report Abuse

WebServe

#308/10, 6th A Cross, 7th A Main, RPC Layout, Bengaluru, Karnataka, India – 560104

Phone: +91-97434 23351

Report Email: [email protected]

WebServe offers several dispute resolution ways to assist you in handling a range of issues. If you have a genuine complaint, we are the web hosting provider which is easily approachable and willing to address valid complaints.

The complaints include:

IP complaint specifically for hosted content:

• Trademark
• Copyright

Violation:

• Phishing
• Scam
• Malware
• Irrelevant content
• Domains by the Proxy privacy services claim (only where it is suitable)
• Court Dispute or “UDRP”, Uniform Domain-Name Dispute Resolution Policy
• The legal policies
• Child/Women Abuse