TERMS & CONDITIONS
- Tarika Technologies Web Hosting & eCommerce Customer Restrictions
- Tarika Technologies Dedicated Server Customer Restrictions
- All Tarika Technologies Customer Billing Policy
Server ResourcesAny Website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Tarika Technologies will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and eCommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of INR 500.00/month. Any Web Hosting and eCommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
SpammingSending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Tarika Technologies’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Tarika Technologies server, and selling or distributing software (on a Web site residing on a Tarika Technologies server) that facilitates spamming. Violators will be assessed a minimum fine of INR 10,000.00 and will face immediate suspension. Tarika Technologies reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI ScriptsAny scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Tarika Technologies does not permit CGI script sharing with domains not hosted by Tarika Technologies or any scripts that may be abused for UCE purposes.
Chat RoomsTarika Technologies does not allow Web Hosting and eCommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, Tarika Technologies can provide chat rooms that meet most users’ needs and run without hindering system performance at a small charge.
Background Running Programs and Cron JobsTarika Technologies may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and eCommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Tarika Technologies at [email protected] that we can arrange set-up.
IRCTarika Technologies does not allow IRC or IRC bots to be operated by Web Hosting and eCommerce customers.
Software DistributionTarika Technologies’ Web Hosting and eCommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please [email protected] make special arrangements.
Multimedia FilesMultimedia files are defined as any graphics, audio, and video files. Tarika Technologies Web Hosting and eCommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
DatabasesAny database stored on Tarika Technologies’ Web Hosting and eCommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account.
Customer Security ResponsibilitiesThe customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
IRCTarika Technologies allows Dedicated Server customers the use of IRC inside the Tarika Technologies network as long as the use of IRC on a Tarika Technologies server does not violate any of the other terms of these TOU. As a policy, Tarika Technologies will not provide vanity IRC reverse DNS records. To enforce this policy Tarika Technologies does not turn the reverse address of IPs over to the customer. Authority over this information remains with Tarika Technologies.
Billing for Network ResourcesThe customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Ownership of Web SiteThe legal owner of customers’ Web sites and accounts with Tarika Technologies will be the individual or organization whose name is listed in Tarika Technologies’ database as the owner. Customers will fully cooperate with and abide by any and all of Tarika Technologies’ security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Tarika Technologies.
Illegal UseTarika Technologies servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Tarika Technologies services, all Tarika Technologies customers certify that they and/or the organization they represent in procuring services from Tarika Technologies are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
SpammingSending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Tarika Technologies’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Tarika Technologies server, and selling or distributing software (on a Web site residing on a Tarika Technologies server) that facilitates spamming. Violators will be assessed a minimum fine of INR 8,000.00 and will face immediate suspension. Tarika Technologies reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network AbuseViolations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: 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 without express 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; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive ActivitiesUse of Tarika Technologies’ services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Tarika Technologies’ services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright ViolationsThe Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Tarika Technologies customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Tarika Technologies customer (per the DMCA) to Tarika Technologies must follow the below procedures. Copyright infringement notifications submitted to Tarika Technologies according to these procedures will be processed within 30 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Tarika Technologies’ sole discretion. DMCA Copyright Infringement Notification Requirements
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”). # Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Tarika Technologies to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Mail the notification to: Tarika Technologies, P.O. Box: 642, Laurel, MD 20725
Adult ContentPornography and sex-related merchandising are prohibited on Tarika Technologies servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Child PornographyThe use of Tarika Technologies’ services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Tarika Technologies is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Customer ResponsibilityCustomers are required to use the Tarika Technologies network responsibly. This includes respecting the other customers of Tarika Technologies. Tarika Technologies reserves the right to suspend and/or cancel service with any customer who uses the Tarika Technologies network in such a way that adversely affects other Tarika Technologies customers. While Tarika Technologies may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Tarika Technologies does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Tarika Technologies becomes aware of any violation of the TOU or other user agreements, Tarika Technologies may take any action to stop or correct such violation, including, but not limited to, denying access to Tarika Technologies’ services and equipment or to the Internet. In addition, Tarika Technologies may take action against a customer or a customer of such customer because of the activities of such customer. Tarika Technologies anticipates that customers who offer Internet services will cooperate with Tarika Technologies in any corrective or preventive action that Tarika Technologies deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Tarika Technologies policy and Tarika Technologies reserves the right to take any such action even though such action may affect other customers of the Tarika Technologies customer.
Actions Taken by Tarika TechnologiesThe failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Tarika Technologies will be the sole arbiter as to what constitutes a violation of the TOU. Tarika Technologies reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Tarika Technologies becomes aware of an alleged violation of its TOU, Tarika Technologies will initiate an investigation. During the investigation, Tarika Technologies may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Tarika Technologies may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Tarika Technologies will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Tarika Technologies does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Tarika Technologies.
IndemnificationTarika Technologies customers agree to protect, defend, hold harmless, and indemnify Tarika Technologies, any third party entity related to Tarika Technologies (including, without limitation, third party vendors), and Tarika Technologies’ executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Tarika Technologies, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Tarika Technologies’ services.
DisclaimerThe Tarika Technologies service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tarika Technologies expressly disclaims any representation or warranty that the Tarika Technologies service will be error-free, secure or uninterrupted. No oral advice or written information given by Tarika Technologies, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Tarika Technologies and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Termination for Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Tarika Technologies may immediately terminate provision of Tarika Technologies’ services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Tarika Technologies in such event.
LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL TARIKA TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, TARIKA TECHNOLOGIES’ EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS TARIKA TECHNOLOGIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING TARIKA TECHNOLOGIES’ SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR TARIKA TECHNOLOGIES SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY TARIKA TECHNOLOGIES SERVICES EVEN IF TARIKA TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TARIKA TECHNOLOGIES’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR TARIKA TECHNOLOGIES’ SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY TARIKA TECHNOLOGIES OR TARIKA TECHNOLOGIES’ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
ModificationsTarika Technologies may discontinue, upgrade, replace, modify, or change in anyway, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Tarika Technologies’ services. Certain changes to Tarika Technologies’ services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Tarika Technologies is not liable, for any and all such personalized applications and content, except as expressly agreed to by Tarika Technologies.
Backup of DataExcept where Tarika Technologies has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Tarika Technologies is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Tarika Technologies services.
Third Party LicensesTarika Technologies makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Tarika Technologies makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Tarika Technologies specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Tarika Technologies liable in any way for the revocation of any license, which has been licensed to Tarika Technologies. The use of the Technologies obtained from or through Tarika Technologies, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Tarika Technologies Products 25Any mention of non-Tarika Technologies products by Tarika Technologies, its employees, or any third party entity related to Tarika Technologies is for information purposes only and does not constitute an endorsement or recommendation by Tarika Technologies. Tarika Technologies disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Tarika Technologies products or services
Tarika Technologies’ Intellectual PropertyCustomers will not, without Tarika Technologies’ express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Tarika Technologies’ Web site, and customers will not use any of Tarika Technologies’ trademarks, service marks, copyrighted materials, or other intellectual property without Tarika Technologies’ express written consent. Customers will not, in any way, misrepresent their relationship with Tarika Technologies, attempt to pass themselves off as Tarika Technologies, or claim that customers are Tarika Technologies.
AssignmentCustomers may not assign or delegate their rights or obligations under the TOU or other agreement for Tarika Technologies’ services, either in whole or in part, without the prior written consent of Tarika Technologies.
Minimum Age RequirementTarika Technologies customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Tarika Technologies customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Tarika Technologies services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Tarika Technologies’ express written consent to the contrary. Any acceptance of the TOU or any other agreement for Tarika Technologies’ services will be deemed null and void to the extent that Tarika Technologies will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Tarika Technologies’ services.
Governing Law and SeverabilityThe TOU, and any other agreement for Tarika Technologies services, will be governed by and construed in accordance with the laws of the State of Haryana, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Tarika Technologies will take place in the district court of Faridabad, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Tarika Technologies agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Force MajeureTarika Technologies will not be liable for delays in its performance of the TOU or Tarika Technologies services caused by circumstances beyond Tarika Technologies’ reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions collectively “Force Majeure”). Tarika Technologies will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Tarika Technologies services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Tarika Technologies.
Independent ContractorsNothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Tarika Technologies and its customers. Each of Tarika Technologies and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and InterpretationWherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and ExclusivityThe TOU, and/or any other specific agreement for Tarika Technologies services, constitutes the complete understanding and agreement between Tarika Technologies and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Tarika Technologies, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Tarika Technologies services is between Tarika Technologies and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Tarika Technologies.
PaymentsAll charges are shown in Indian Rupees. Payments are to be made in Indian Rupees. Tarika Technologies accepts the following types of payment:
- Check or Money Order
- Bank WireTransfer