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Customer Hosting Product Agreement Extension

Vinesh Technologies Pvt. Ltd (AmaZynchost.Com) (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE

entered into a Customer Master Agreement effective from 16 September, 2016 of which this “Customer Hosting Product Agreement Extension” is a part.

WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;

WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services (“Hosting Order”) through the Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

1. Rights of Parent

While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

2. Terms of Usage

Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –

• General Terms

1. For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), 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 rapidshare), Commercial Audio Streaming (more than one or two streams), 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.
2. Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
3. Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
4. Run any type of web spiders or indexers.
5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
6. Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
7. Participate in any P2P or file-sharing networks.
8. Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent’s services.
9. Use the email service for sending or receiving unsolicited emails.
10. Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
11. Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
12. Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
13. Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
14. Run cron entries with intervals of less than 15 minutes.
15. Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.

• Web, Email Hosting Specific terms

1. As a backup/storage device.
2. Run any gaming servers.
3. Store over 100,000 files.
4. Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
5. Run any MySQL queries longer than 15 seconds.
6. Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
7. Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
8. Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
9. Purchase/use a Dedicated IP Address without installing an SSL Certificate.
10. Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.
11. Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
12. Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
13. Store more than two website backup files.
14. Use more than 5GB per database.

Additional Terms

• WordPress Hosting:

WordPress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed WordPress Hosting accounts:

1. WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.
2. Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. Vinesh Technologies Pvt. Ltd (AmaZynchost.Com) will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.
3. Domain names hosted on WordPress Hosting servers must use Vinesh Technologies Pvt. Ltd (AmaZynchost.Com) name servers for DNS resolution.
4. We reserve the right to deny customer requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.
5. By installing WordPress, Subscriber acknowledges and agrees to (1) the Automatic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber’s use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (https://automattic.com/privacy/), including without limitation, Automattic’s collection of Subscriber’s data in accordance with the terms of its Privacy Policy.

Personal Data and General Confidentiality Agreement

Privacy

At Vinesh Technologies Pvt. Ltd we recognize that privacy is important. This Privacy Policy applies to all products and services provided by us.

Collection of Information

We collect various information when you register with Company, during your usage of our products and services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes, the page you request and other standard browser parameters.

When you use our services, we send one or more cookies – a small file containing a string of characters – to your device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing you with a better experience. We may set one or more cookies in your browser when you use our services or one of our partner’s services. When you send messages, publish content, post material, transmit information or email through our services, we may retain the same in order to process your inquiries, respond to your requests and improve our services.

Our infrastructure consists of servers deployed at multiple datacenters that are owned and operated by us or our partners. All information collected within our services resides on this network of servers.

Use of Information

We only use and process personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

• Communicating with you
• Making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information
• Providing our services
• Auditing, research and analysis in order to maintain, protect and improve our services
• Ensuring the technical functioning of our network
• Protecting our rights or property and that of our users
• Developing new services
• As described in the respective terms of service of each of our services and in the Vinesh Technologies Pvt. Ltd Customer Master Agreement

No-Spam Policy

We have a strict No-Spam Policy prohibiting the use of any data collected to send spam. We will not sell any contact information to third parties.

Choices for Personal Information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose defined herein and in the terms of the services offered then we will ask for your consent prior to such use. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case we may not be able to provide those services to you.

Information Sharing

We only share personal information with other companies or individuals in the following limited circumstances:

• We have your consent
• Sharing the information with our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
  (a) satisfy any applicable law, regulation, legal process or enforceable governmental request,
  (b) enforce applicable Terms of Service, including investigation of potential violations thereof,
  (c) detect, prevent, or otherwise address fraud, security or technical issues, or
  (d) protect against harm to rights, property or safety, of our users, us or the public as required or permitted by law.
• We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users by demographic. Such information does not identify you individually.
• As permitted and described in the respective terms of service of each of our services and in the Vinesh Technologies Pvt. Ltd Customer Master Agreement

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Accessing and Updating Personal Information

When you use our services, we make good faith efforts to provide you with access to your personal information and to correct this data if it is inaccurate.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time.