By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. w3red expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. services are provided on an "as is" and "as available" basis. w3red makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. w3red does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, w3red cannot be held liable for it. in no event shall w3red be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, your inability to use the software or services, your loss of data or files or otherwise, even if w3red has been advised of the possibility of such damages. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law.
All invoices should settle on or before the given renew date (Due Date). If an account suspended due to an Unpaid invoice, then there will be Rs. 200/= addition to the invoice as reactivation fee.(But if you are under in Hosting/Domain Insurance you will safe within given period).
If the client wants to Re-setup the account, then there will be Rs. 500/- as Setup fee for all accounts less than 2GB space. All other accounts cost Rs. 1000/- as their Setup fee. (With initial account setup at the purchase we not chanrge this Setup fee from you) There will be Rs. 1000/- as restoring fee for expired domain. Renewal should complete within first 12 days from the expire date.
If you are not satisfy with our service, then you can request Refund within first 30 days from the account activation and this refund valid for Semi annual & Annual payments only. Also it is not possible to refund the domain registration fee, SSL fee, Dedicated IP fee and SEO fee. At the point of refund we deduct the account Setup fee as mentioned above. With your refund request you shoud provide the complete reasons with valid proof. And no refund request accept after the first 30 days from your account activation.
Domain Fees, Payment and Term
Domain Registration will not be processed until payment for services is verified or received. All fees payable for domain names are nonrefundable. As further consideration for the domain name service(s), you agree to:
(1) provide complete and accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it accurate.
All such information shall be referred to as account information ("Account Information"). You hereby grant w3red.com the right to disclose to third parties such Account Information. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. It is STONGLY recommend to Renew your domain on / before the given due date on the invoice. There will be Rs. 750/- as domain re-activation fee ( Excluding Domain Renew fee). Domains not possible to renew under normal renew fee After 12 Days from its Expire date (Domain registrar policy). Also w3red not provide Domain Renewal service to those domain on Registrar Grace Period or Redemption Period.
Bandwidth and Server Resources
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Acceptable Use/Illegal Activity
w3red strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
Any mailing list larger than 5,000 addresses should be removed. Note: Dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.
IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.
3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, W3RED reserves the right to suspend, terminate, or deactivate your script or account.
4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.
6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
We hope this TOS is helpful in clarifying the obligations of Internet users, including W3RED.com and its clients, as responsible members of the Internet. Any complaints about a client's violation of this TOS should be sent to email@example.com.