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ESDS Terms of Service-lasting Business Relations!

ESDS ("we", "us") provides Colocation Services, Dedicated Servers and other Data Center Related services together with such other services as are agreed between it and the customer ("the Services").

1. Conditions :

By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms and conditions apply to all ESDS accounts. They set out the basis on which we offer our services and should be read carefully.

All information displayed, transmitted or carried on ESDS is protected by copyright and other intellectual property laws.

This site is designed, updated and maintained independently by ESDS The content is owned by ESDS You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content.

ESDS disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of New Delhi, India.

ESDS reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

ESDS Values the privacy of information pertaining to its associates. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources.

ESDS reserves the right to refuse service to anyone at any time.

ESDS will not use information about you without your permission and will provide the means for you to manage and control the information that you have provided. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately.

ESDS does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.

2. Services

ESDS will use reasonable efforts to supply a continuous service. However, ESDS is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. ESDS is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

You agree that ESDS is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. ESDS is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.

ESDS's customers are liable for all charges levied by their telephone service provider arising from the Customer's use of the Services.

From time to time ESDS or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. ESDS will give as much notice as possible and shall try to keep this work to the period specified in the notice. ESDS accepts no liability whatsoever arising from such a suspension of the service.

The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services.

YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the APNIC NCC to ensure that both WE and YOU fulfil their obligations under prevailing APNIC policies and that such data may be published in whole or in part in the APNIC WHOIS database.

3. Banned Content

Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. The list of banned content includes, but is not limited to :-

  • Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  • Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
  • HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
  • Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our hosting / Colocation services. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
  • IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
  • Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
  • Bit Torrents - Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.

The Customer agrees to fully and effectively indemnify ESDS against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by ESDS in consequence of the Customers breach or non-observance of this Clause 3.

The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against ESDS arising from breach or breaches of this Clause 3. ESDS may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide ESDS with the assistance necessary to defend such claims, at the Customer's sole expense.

4. Adult Content

We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/ video which are obtained illegally to host on our servers.

5. Server / Resource / Staff Abuse

You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.

If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

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

If you are in any way disrespectful towards any member of the ESDS staff we have full right to terminate your account with us without any refund.

6. Bandwidth

If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won't be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.

7. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. ESDS would be the sole arbiter as to what constitutes a violation of this Clause.

You agree and understand that we have set a limit of 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

8. Affiliate Commissions

Affiliates cannot earn commission on the purchase of their own web hosting account and/or purchases made on their own billing account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not be entitled to receive any affiliate commission.

9. Backups

ESDS will use reasonable efforts to protect and backup data for clients on a regular basis, however, ESDS does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

You agree and understand that any back-up which ESDS may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

10. Billing

If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via postal orders or cash we will endeavour to set up your account on the same day.

Invoices are generated 5 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

The contract will be auto renewed unless specified otherwise by either parties.

11. Security and Viruses

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

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

Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

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

You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

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 authorised 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.

You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

You agree and understand that users who violate systems or network security may incur criminal or civil liability. ESDS 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.

You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services

12. Control Panel Support

You agree and understand that our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub- domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Flash Tutorials as well as our knowledgebase to understand all features of respective control panels. Our support team will assist you with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end. Customers may consider help from our forum to get detailed information from other forum members, however basic tasks that can be managed from the control panel are expected to be resolved from the Customer's end only.

You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.

13. Shipping Policy :

For International buyers, orders are shipped and delivered through registered international courier companies and/or International speed post only. For domestic buyers, orders are shipped through registered domestic courier companies and /or speed post only. Orders are shipped within 15 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company / post office norms.

ESDS is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 15 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be to registered address of the buyer as per the credit/debit card only at all times(Unless specified at the time of Order). ESDS is in no way responsible for any damage to the order while in transit to the buyer. Payments ESDS is proud to use EBS for fast, easy and efficient secure payments. All major credit cards are accepted.

14. Cancellations & Refunds

Cancellation Policy

In case of dissatisfaction from our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows:

Cancellation of service renewals for on-going website promotion, website hosting or domain registration services must be made at least seven 7 business days prior to the end of the current service period.

Refund Policy

We will try our best to create the suitable design concepts for our clients.

In case any client is not completely satisfied with our services we can provide a refund within 30 days from the date of installation of the Project. The final refunds will be made after deducting the Service Tax and the Hourly charges for the work completed by us.

If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of EBS payments refund will be made to the same account

There will be no refund for WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates and Site Builder as these are purchased from External Vendors & ESDS does not get any refund in case of cancellation of licenses.

Any service interruptions or downtime due to scheduled maintenance by ESDS or our network providers will not count towards the uptime guarantee. ESDS is not liable in any way for failure of third party services.

ESDS reserves the right to suspend OR terminate services on receipt of abuse complaints.

15. Money Back Guarantee

Dedicated servers and other Data Center related hosting services are not included under the any money back guarantee policy. ESDS reserves the right to decide whether or not to issue pro-rated refunds under circumstances.

We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. ESDS reserves the right to change the resource allocation for its services & also to change the prices listed on the website.

License costs of all third party applications and software offered with our plans are subject to change without written intimation.

16. Modification of Terms of Service

ESDS reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

17. Termination

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

18. Effect of Termination

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to ESDS within 14 working days.

19. Limitation of liability

ESDS disclaims all liabilities in connection with the following :

  • loss of material uploaded;
  • incompatibility of the Services with any of the Customer's equipment, software or telecommunications links;
  • technical problems including errors or interruptions of the Services;
  • unsuitability, unreliability or inaccuracy of the Services;
  • computer viruses of any kind obtained by the Customer in the course of using the Services;
  • any security breaches whatsoever affecting the Customer's Account.

In no event shall ESDS be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.

Nothing in this Clause 18 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

Subject to Clause 18.2, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

ESDS 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 provision of the Services.

20. Indemnity

The Customer agrees that it shall defend, indemnify, save and hold ESDS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against ESDS, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

21. Law

The Customer and ESDS both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

1. What data do we collect and from where?

The personal information we collect may include: Visitors name, contact information, financial information and payment card details, IP addresses, Live chat messages, Telephone conversations, product and service selections and orders or other things that may be used for visitor identification. Generally, we may collect personal information in the following manner:

The Visitor may provide his/her personal information to us via live chat, email or other written correspondence, telephone calls, web based forms, or any other similar means We use automated technical means to collect personal information about our website visitors for example – by use of cookies Purchases of services on our website; and Via third party providers.

Web Visits

You may visit our Website in any of the following ways:

  • By using your browser to navigate to; or
  • By viewing an advertisement displayed on a third party website that has content served by our web server.
  • By viewing an email that is served content by our web server;

Whenever any visitor browse our website, our server logs the visitors IP address (unique network addresses), the time and duration of the visit, and the time and duration of the pages viewed on our website. If the visitor arrives at our website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks visit from that particular link. If the visitor arrives at our website by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks visit from that source; to the extent we are able to do so. We may also capture information about the visitor's computer system, such as browser type and operating system.

We are likely place a cookie on visitor's hard drive during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our website, whether or not those visitors are repeat visitors, and the source of their visits. Cookies cannot be executed as a code or used to deliver a virus, other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between the visitor and us to allow us to improve the services we offer to through our website.

We do not collect personal information about the visitor as part of a web visit, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means as described in this Data Privacy Policy.

We may provide links to third-party websites for the visitor's convenience and information only with visitors prior consent. The data privacy practices of those sites may differ from ESDS practices and are not controlled by ESDS and are not covered by this Privacy Statement. We do not make any representations about third-party websites. We recommend all our visitor's to review their Data Privacy Policies before submitting their personal data.

Sensitive Information

We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Children's Online Privacy Protection

Our services are directed towards users in their business capacity and are not designed for or directed to children under the age of 18, and we will not intentionally collect or maintain information about anyone under the age of 18.

2. What do we use this information for?

Personal Information

We may use visitor's personal information to process service requests, handle orders, deliver products and services, process payments (and for visitor's safety, this includes verifying credit card details and fraud screening checks), communicate with the visitor about their orders, provide access to secure areas of the website, recommend merchandise and services that might be of interest to the visitor, to personalize visitor's visit to our website, and to enable us to review, develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or any kind of abuses of our website and to enable third parties to carry out technical, logistical or other functions on our behalf.

Contact Information

We use visitor information to send news / updates about our company to visitors and to get in touch with them when necessary. We also use the information we collect to improve the content of our websites and as training aides for our employees. Visitors are given the choice at the point when we request their information.

Financial Information and payment card details

We may ask visitors to enter credit card or account information in order to process orders for services placed with ESDS. Financial information provided via our website or via the client portal is encrypted for its protection prior to its transmission over the internet. We collect this information on a transaction-by- transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction or fraud screening. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements.

Credit card numbers are used only for processing payments and are not used for any other purposes. When we use third party service providers for credit card processing services and fraud screening, we will enter into a written agreement with such third party ensuring appropriate security and confidentiality measures are in place to safeguard visitors personal data.

We use web visit information to measure interest in and develop our web pages and marketing plans, customize the content you view on your web visits based on your activity on past visits, and administer our website. We use the visitors' IP address to help diagnose problems with our servers, and to administer our website.

We use cookies to help us recognize visitors as unique visitors (just a number) when they return to our websites For example, if there are 1,000 visits to our website on a certain day, we can use cookies to discover how many of those visits were made via the same browser (same visitor). We may also use the cookie to discover whether a certain visitor has visited our site more than once, and the source for each visit. We also use cookies to:

  • Allow us to tailor content or advertisements to match visitors preferred interest;
  • Avoid showing visitors the same advertisements repeatedly;
  • Compile anonymous, aggregated statistics that allow us to understand how users use our site;
  • To help us improve the structure of our website (we cannot identify visitors personally in this way);
  • Count the number of anonymous users of our sites.

We use visitor's information provided to us via chat, email, web forms and other communications to correspond with the visitor about services they may be interested in purchasing. If the visitor select to purchase a service online using a web form, we will use the information to establish their account and for quality assurance purposes. Information submitted by the visitor in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about visitor's web visits. Unless the visitor expressly mentions that a telephone call should be recorded, we do not record telephone conversations, but we may enter information provided by the visitor via telephone into our systems for the aforesaid usage.

3. Disclosure of personal information

Disclosure to Third Parties

Personal information we gather is for internal use only and will not authorize the release of this information to anyone outside ESDS (save for third party service providers to ESDS who perform functions on our behalf but in such event personal information will only be shared to the extent reasonably necessary to perform their functions and they will not be authorized to use it for any other function), unless you have consented to such disclosure.

If the visitor breaches our terms and conditions or website terms, or if we are under a duty to disclose or share the visitor's personal data in order to comply with any legal obligation, we may disclose your information only to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.

We may release the information we collect to third parties, where the information is provided to enable such third party to provide services to us, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Policy, and is permitted to use the information only for the purpose of providing services to us.

If we wish to give your contact or personal information to a third party under any other circumstances, we will notify the visitor and give them a chance to opt out.

Any disclosure of personal information will be strictly be controlled and made fully in accordance with ISO 9001:2008 standards.

4. Opting out of communication

The visitor may withdraw his/her consent to our use of their personal information for future marketing mailings, at any time by emailing us at an [email protected]. For other ways to contact us please see our "Contact Us" page. We will use all reasonable endeavors to remove the visitor's personal information from our marketing mailing list within 5 business days of receipt of withdrawal of consent.

5. How secure is the information we collect?

ESDS is committed to industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. Visitor's textual information is encrypted during transmission, our company databases are accessible only by persons who have entered into and are bound by a confidentiality and nondisclosure agreement with ESDS.

6. Right to access your personal information

A Customer has the rights to access his/her individual information held by us. The visiting customer can obtain access to his/her personal information held by us through a written request in the form of an email to our billing team. If you have any questions about ESDS's Data Protection Policy please write to [email protected]

We always endeavor to make sure that the information we hold about the visitor is accurate and up to date, if the visitor is under the belief that any information we are holding about him/her is incorrect or incomplete, please write to us or e-mail us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

7. Changes

Our business changes constantly and ISO 9001:2008 clauses may also change from time to time. The visitor should check our website frequently to see recent changes; however, we will never materially change our policies and practices to make them less protective of personal information collected in the past without the visitor's prior consent. Unless stated otherwise, our current Data Privacy Policy applies to all information that we have about the visitors.

This Data Privacy Policy was last updated on 7th November 2012.

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