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USER AGREEMENT : Point-N-Click provides Domain Name
Registration, Web site hosting and Web based application development. All
services provided by Point-N-Click may be used for lawful purposes only.
Point-N-Click reserves the right to refuse service and/or access to its
servers to anyone. Point-N-Click reserves the right to suspend or cancel
any client's access to any portion or all of Point-N-Click services, when
Point-N-Click deems that the account has been used inappropriately.
WEB HOSTING : The client is responsible for programming and
for uploading the Web site to our Web servers. The client is responsible
for keeping a complete and current copy of Web site files as backup on a remote
system (not on Point-N-Click servers). Point-N-Click is not
responsible for any lost files, information or data. Point-N-Click 's backup
tapes are for backing up our system configurations and databases and are NOT for
keeping backups of client Web sites. Should any data need to be recovered from
Point-N-Click 's backup tapes, there will be a restoration charge, on an
as-available basis. Point-N-Click does not guarantee to possess the most
current copy of a client's Web site.
SUPPORT : Technical support is provided via email and chat or
calling office of Point-N-Click. Any personal phone or other direct support will
be for an extra charge. The client agrees not to Spam our support staff
and to follow standard Internet etiquette. Point-N-Click does not
provide free Web site development, consulting, programming, or debugging
services.
SYSTEM UPDATES : The client understands that system updates
occur in real time and as queued batch processes. For example, account Passwords
are currently updated as queued batch processes; therefore the update does not
occur in the system instantaneously. Point-N-Click reserves the right to
modify the processing times at any time without notice. If a client or
Point-N-Click support personnel (when authorized by client) makes any
modifications to a hosting account, the client is responsible for ensuring these
updates have occurred in our system.
ILLEGAL ACTIVITIES : including but not limited to storing
and/or distributing illegal copies of copyright software, hosting/maintaining
inappropriate sites, violating trademarks and copyrights, violating
International laws, selling and/or distributing illegal contraband.
INTERNET ABUSE : including but not limited to: spamming - mass
unsolicited emailing, posting obscene or inflammatory messages, nudity,
threatening other Internet users, and spamming our support staff. Any adult
content will be put off the web server as and when or system notices and the
client's account will be terminated without any refunds.
SYSTEMS ABUSE : including but not limited to using excessive
CPU resources, using excessive disk space, attempting to gain access to root and
other clients' accounts (hacking), installing continuously running programs, and
reselling CGI scripts.
Point-N-Click does not censor our customers' Web sites,
although our policy strictly prohibits adult sites. The determination of what is
adult content & prohibited, shall be made solely by Point-N-Click . Should a
policy violation occur, Point-N-Click reserves the right to terminate the
account without notice and the client will be held responsible for any damages
to Point-N-Click 's business, system, servers, connectivity, reputation,
service, network, operations or equipment resulting from its actions including,
but not limited to, government actions, vandalism, retaliation and claims of
libel, unfair competition, infringement of patent, copyright, trademark, service
mark, or other intellectual property right, violation of privacy, or other tort
DOMAIN NAME REGISTRATION : · Domain Name registration is on a
First-come-first-serve basis. Point-N-Click will not be responsible for
the availability of the Domain Name in the 3-4 days that it can take to register
a Domain Name. · In between you register a domain name through Point-N-Click
website & by the time payment is received from you, it might happen that during
this period the domain name is booked by some other individual or organization.
In such a case Point-N-Click would not be responsible. The payment to this
effect would be refunded in case the client does not want to book another domain
name.
PAYMENT POLICY : All services are provided on a prepayment
basis. Point-N-Click accepts Local Check, Credit Card, Banker’s Check,
Demand Draft, & Cash. All monetary transactions will occur in U.S.$ currency
only. Point-N-Click can alter its payment methods at any point of time.
SERVER ABUSE : Any attempt to undermine or cause harm to a
server, or customer, of Point-N-Click is strictly prohibited.
Unauthorized use of other people's accounts or computers,
Point-N-Click will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such attempts
include but not limited to "internet scamming" (tricking other people into
releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a
Point-N-Click customer, whether or not the attacked account or computer
belongs to Point-N-Click , will result in action against the attacker. Possible
actions include warnings, account suspension or cancellation, a nd civil or
criminal legal action, depending on the seriousness of the attack.
Abuse of Unlimited Traffic
Point-N-Click 's customers are privileged to be offered
unlimited traffic for their web sites. The intention of Point-N-Click is
to provide a large space to serve web documents, not an off site storage area
for electronic files. All (90%) of your web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on Point-N-Click 's server. Web sites that are
found to contain either/or no html documents, a large number of unlinked files
are subject to warning, suspension or cancellation at the discretion of
Point-N-Click management. Any customer who violates Point-N-Click 's
Policies in abusing either space/site transfer will be notified and given 2 days
to remedy the problem. If the problem is not resolved within the allotted
period, the client will be billed for the overages.
To maintain the integrity of our service the following
limitations apply:
Sites with banners, graphics or cgi scripts running from their
domain used on other domains. Sites with picture galleries (This is any site
where 50% of the files transferred is graphics) Sites offering download files or
archives. (This is any site where 50% or more of there monthly traffic is from
file downloads). Sites using more than 30% of system resources for longer than
60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video,
MP3).
Unsolicited Email (Spam)
Unsolicited commercial advertisements are not allowed in
e-mail, and will likely result in account suspension or cancellation. Commercial
advertisements are unwelcome in most Usenet discussion groups and on most e-mail
mailing lists. Inappropriate posting may result in account suspension or
cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be treated as
such. Sending a message, especially an advertisement, to more than five or six
recipients, is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic. E-mail is a
person-to-person medium, not a broadcast medium. Upon your first Spam offense
your mail will be disabled for 72 hours. Upon your second Spam offense your
entire domain will be disabled for 72 hours and you will be fined Rs.300.00 per
sent Spam. Upon your third offense your account with Point-N-Click will be
terminated, you will be fined Rs.500.00 per sent Spam. No refunds will be given
if your account is terminated for Spam.
CGI Scripts
Each account comes with its own Universal cgi-bin. You are
free to use any CGI scripts you wish, however we reserve the right to disable
any CGI script that effects normal server operation without prior warning.
Universal CGI-BIN means you can put your .pl files anywhere in your www
directory.
Chat Rooms
We do not allow clients to install their own chat rooms,
without approving it with the Point-N-Click Support Team. Most chat rooms
tend to be large system hogs and we cannot allow it as an account option.
However, we do provide a choice of Java chat rooms for a small extra charge that
will more than fill your needs and run without hindering the performance of the
machine for others. Note: Parachat chat rooms do not apply to this rule. They
are perfectly fine to install.
Abuse of SMTP Mail Server
We only allow our clients to use our SMTP server without using
any illegal techniques and any unauthorised use of our SMTP server such as spam
mail is not allowed.
Background Running Programs
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra charge will be incurred
based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on
our servers.
Payment Policies
All accounts are set up on a pre-pay basis. All pricing is
guaranteed for the term of pre-payment. Point-N-Click reserves the right
to change prices at any time, unless other terms have been agreed upon.
Point-N-Click reserves the right to change its rates or pricing policy at
any given point of time but the customers who have paid for their account will
continue with the same pricing for their current billing cycle for with they
have paid for.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Point-N-Click harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against
Point-N-Click , its agents, its customers, officers and employees, that may
arise or result from any service provided or performed or agreed to be performed
or any product sold by customer, it's agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Point-N-Click against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with Point-N-Click 's
server; (2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party; ( 3) copyright infringement and (4)
any defective products sold to customer from Point-N-Click 's server.