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TERMS AND CONDITIONS FOR USERS

Welcome to mellosys.com. These terms and conditions apply to the services available from the domain and sub-domains of www.mellosys.com for Indian users, MELLOSYS.COM is Website fully owned by MELLOSYS™, COCHIN.

You are agreeing to the following terms with MELLOSYS™ Maplachery Chambers, Maplachery Road, Vyttila, Cochin, Kerala PIN 682019, registered SSI unit under Govt. of Kerala. View license

This User Agreement is effective from 25th DEC 2013, for current users, and upon acceptance for new users.

TERMS OF SERVICE & ACCEPTABLE USE POLICY

This legally binding contract (the "Agreement") is by and between MELLOSYS™ , and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase any products or services from MELLOSYS™ This Agreement sets forth the terms and conditions of your use of MELLOSYS™ services and represents the entire agreement between You and MELLOSYS™ relating to the Services/Products/Program. This Agreement contains provisions that set forth MELLOSYS™'s Acceptable Use Policy and guarantees of a certain products and services.

By purchasing the Services/Products or Signing up for any Program from MELLOSYS™ or its other ventures, such as GivHosting, Mellohost or Others, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that MELLOSYS™ may establish and post on its website from time to time.

Recent detection of misuse of our services has compelled us to take action against the violating clients and also lay down a few terms and conditions. We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.

WEBSITE HOSTING AGREEMENT (SHARED HOSTING)

  • Misuse of the allotted server space, bandwidth etc. By the client will lead to reduction in the space and facility given.
  • Distribution of free email IDs or Web space to any person other than the ones related to the website owner or the company automatically gives MELLOSYS™ the rights to decrease the number of email IDs provided.
  • In case of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID.
  • All disputes are subject to Cochin, Kerala jurisdiction only.
  • Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended.
  • Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act.
  • Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.
  • Customers are advised to maintain data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important e-mails, files and data by forwarding mails to other domain email IDs or by using Outlook. We do assist clients for educating the backup procedure.
  • For safety reasons, we urge our customers not to share the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 15 days you have to change your all password for security reason.
  • Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility etc.
  • unfortunately if website/server etc will down then we are not responsible for any losses face by client.
  • For plan details and services provided by MELLOSYS™ please refer to the particular website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.
  • No FREE Hosting services should be provided under our Reseller programme, if found all the accounts shall be terminated without any notice
  • No LIFETIME services should be offered by our Reseller

What may not be Hosted on Our Network

  • Adult sites/Contents
  • IRC Scripts/Bots
  • Nulled/Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Flicker)
  • Video Hosting Script (Similar to You Tube)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapid share)
  • Audio/Video Streaming (for Commercial use)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro/Commercial News Latter/Mailing Scripts or Program/Mass Mailing

Any of our clients should not run above mentioned Sites on our Server. If any they violate our terms, will cause Immediate Suspension.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]mellosys[dot]com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Acceptable Mail Policy There is a maximum 200 including cc and bcc (might be changed without any prior notice) 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. Many of our servers have a limit of 60 POP3/IMAP checks per hour per e-mail address. If you go over this you are 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 1000 addresses will require a dedicated hosting solution from us. Bulk/mass email, Commercial Newsletter etc are not allowed on Shared/Reseller Hosting. You can contact us for Bulk Email Marketing.

Any time you are 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 20 seconds. (Sending 1 every 20 seconds would send 180 emails within 1 hour, keeping you below the 200 outgoing email limits.) If the mailing list software you are 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 Control Panel.

IMPORTANT: If you do not throttle and you try sending 200 emails, the server will try sending all 200 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 servers 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/terminated for crashing the server. 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 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. Any unsolicited e-mail being sent will result in suspension or termination of the offending account without any information. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of SPAM Any mailing 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 No direct SMTP mailers are allowed. An example of this would be a Dark mailer 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.

Payment Policy

All the Payment towards the services should be made in advance. Our billing system notifies the upcoming due at least before 3 days and Accounts that reach 72 hours past due will be suspended. If once account is suspended, it will be unsuspended only after receiving payment in our bank account. We are not liable for any failed transaction done by the client/bank/payment gateway. We offer Online Payment and Direct Bank facility. All your Payments are recorded and well accounted through our Billing Management Application.

Late Payment and Non-Payment:

72 hours past your due date, your account will be disabled (May be a Rs.200/- or $4 for Hosting/Reseller Packages Reactivation fee will apply). 96 hours past your suspension, your services/server will be taken offline and "ALL FILES WILL BE DELETED FROM OUR SYSTEM".

Cancellation Policy:

Requests for cancelling accounts may be made in writing or through the helpdesk system. MELLOSYS™preferred method of cancellation is via the helpdesk of your MELLOSYS™ hosting account. Please log into the helpdesk and you can request to have your account cancelled.

Please note

All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts cancelled with less than fifteen (15) days notice shall be cancelled at the end of the next term and shall be charged accordingly.

Spam: Unsolicited commercial newsletter/advertisements (spam) are not allowed in e-mail IDs and may result in cancellation/suspension/termination of the account without any prior notice.

Resource Usage:


User may not:
  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Lottery Sites
  • Run any type of web spider or indexer (including Google Cash / Ad Spy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
Abuse of Traffic:

If any customer violates the company’s policies in site transfer or misuse of bandwidth, MELLOSYS™ LLP can decrease its allotted Traffic quota or suspended/terminated his account without any prior notice.

Abuse of Space:

As per our policies, at least 90% of your web pages (HTML) must be “Linked” with files (.GIF, .JPEG, etc.) which is stored in our server. Web space must not be used by your visitor for Free/Paid upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice.

Large File Policy:

MELLOSYS™ is not for file hosting and distribution - as such, customers may not host any files larger than 20MB in size that are observed to be available for the sole purpose of download. It has been noticed that people who make use of MELLOSYS™are able to gain to unlimited disk space and bandwidth. But this is subject to the appropriate usage of the package offered. However, MELLOSYS™ has certain constraints related to the type of material that may be added to the website. The server does not allow you to upload unnecessary software, audio or video files and large sized files If you are unsure whether your file is against this policy, please e-mail abuse[at]mellosys[dot]com.

Transfer:

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the support department with specific details to receive a price quote.

99.99% uptime guarantee:

If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, you can request a 10% discount for your following months services. For clients paying yearly, the equivalent to 10% of a monthly payment will be deducted off the next payment. Approval of the credit is at the discretion of MELLOSYS™ dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales[at]mellosys[dot]com with justification. All requests must be made in writing via email. Uptime guarantees only apply to share / reseller solutions.

Backup:

  • Customers Should Backup their own Data.
  • MELLOSYS™ is not liable to Provide Backup.
  • After Suspension/Termination of Service Customer may not get Backup from .
  • No Backup for Resellers.
  • Legally we are not liable to provide backups to our Clients.
Network security:

In case of any tampering done to our network security, We will take an immediate action against the respective hosting account.

Liability

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of MELLOSYS™and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the MELLOSYS™ shall not be liable for any damages arising from such causes beyond the direct and exclusive control of MELLOSYS™. Client further acknowledges that MELLOSYS™'s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall MELLOSYS™ be liable for any special or consequential damages, loss or injury. In Such Cases, Refund will be Processed as Prorata Basis.

SUPPORT

MELLOSYS™ LLP Provide 24x7x 365 Supports through our Help Desk System. If case Our Live Operator is Offline you have to create a Support Ticket from our Help Desk Area. Link to Ticket Dept http://mellosys.com/billing/submitticket.php MELLOSYS™ does not offer tech support for application specific issues such as CGI programming, PHP or html or any other such issue unless the Programming/Development Service Provided by MELLOSYS™ [For Resellers/Partners: - MELLOSYS™ does not provide technical support for YOUR Customers Directly. We Only Provide Support to You If Your customer get any problem they should ask you for everything and if you can’t solve their problems then you have to come to us regarding the problem and we solve it!! ] MELLOSYS™ will not make any changes in server securities (globally settings) as per clients and resellers request and will not provide any kind of support for third party software’s, scripts & applications (you can avail support only, if we develop the software for you).

MODIFICATION OF TERMS

We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place. Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.

TERMINATION

If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you. Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.

You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.

Our terms and conditions are subject to change according to TRAI rules and regulations.

WEBSITE USE POLICY

The use of this website is subject to the following terms of use:
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without MELLOSYS's prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
Modify/Update/Change of TOS

MELLOSYS Reserves the Right to Upgrade or Terminate Any Services Provided By MELLOSYS without any Prior Notice. We Reserves the right to revise/change/modify/update/delete its policies at any time without prior notice

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