Acceptable Usage Policy

Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies to are designed to protect the best interests of our customers as a whole. PHPCow LLC's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used. All services are intended for the end user only and may not be subleased, sold or given to third parties. PHPCow LLC is a web presence provider allowing a client's web site to be accessed via the client's domain name (i.e theirname.com) by anyone with access to a web browser connected to the Internet. PHPCow LLC provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."

PHPCow LLC shall only handle the registration process for Client's domain name if specifically requested by the client. PHPCow LLC in no way holds any responsibility for payment of fees required by InterNIC for Client's domain name, except per section 14 of these policies. Client agrees to pay all charges requested.

2. Authorization of Charges

Client authorizes PHPCow LLC to charge credit card supplied by Client per month if the service falls under that. If Client requests additional storage space Client authorizes PHPCow LLC to charge an additional price communicated by PHPCow LLC.

If verification of Client's supplied credit card information fails requested charge by PHPCow LLC for initial annual fees or for any of the annual fees thereafter PHPCow LLC reserves the right to refuse, suspend, or cancel service pending    receipt of valid credit card information from Client. Client agrees to notify PHPCow LLC of any changes to Client's credit card information if payments are being done through Credit Card.

3. Content Restrictions

All services provided by PHPCow LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, local law, Indian Laws is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Sites that promote any illegal activity, such as Warez sites, are prohibited on non-adult servers. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any PHPCow LLC Host's servers.

Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives.

IRC activity is strictly prohibited.

PHPCow LLC reserves the right to remove any material from Client's web space that is deemed unacceptable by us.  No site may use more than 15% of the total server output at any given time. PHPCow LLC reserves the right to terminate Client's account without refund at our discretion if said material is discovered. PHPCow LLC is the sole arbiter as to what constitutes a violation of the above provisions.

4. CGI Application Restrictions

The Client is allowed to freely install CGI applications; however, PHPCow LLC reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely, unless the client is trying to do something which is not permitted or trying to circumvent certain settings on server. If this is the case, then in extreme case we can resort to unconditional account suspension.

Client will not install Client's own chatroom of any kind, with out permission, because they tend to be large "system hogs" and therefore fall into the category described above. The chat room(s) provided with your Control Panel may be used at all times.

5. Anti Spam Policy

PHPCow LLC servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

PHPCow LLC considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be allowed. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. PHPCow LLC is the sole arbiter as to what constitutes a violation of the above provisions.

No More than 20 recepients are allowed in single mail session. If you have to send out mails to more than 20, please send it in separate sessions as any single mail cannot and is not allowed to have more than 20 recepients (To,CC,BCC) in single session. If this is not practical, then you are advised to install a commercial mailing list software.

Regular Mail Accounts on Client's Domain cannot be and are not allowed to be operated in any manner which constitutes operating a mailing list. Sending mail to more than 20 recipients in a single session either through webmail or relaying through server after authentication coistitutes a mailing list sort of operation which is not a part of any hosting package that we offer. Mailing list packages are custom packages and are offered on case by case basis at additional charges provided they are based on certified commercial softwares or custom softwares with "Double Optin" and "Auto Purge Of Defunct Addresses" as primary requirement.

If none of the above are practical then Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "double opt-in" process) must be adhered to in their entirety for any mass or commercial email to be considered "solicited" by PHPCow LLC. This is only achieved through commercial mailing list softwares and we can have the same configured for your account at one time additional price plus recurring charges depending upon your list size.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide PHPCow LLC with such records upon request of PHPCow LLC. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited.

In the absence of positive, verifiable proof to the contrary, PHPCow LLC considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.
6. Server Abuse

Any attempt to undermine or cause harm to a PHPCow LLC server or another PHPCow LLC Client is strictly prohibited.

Any attempt to undermine any PHPCow LLC web site or a web site of another PHPCow LLC Client is strictly prohibited and may result in immediate termination of services rendered by PHPCow LLC without refund. PHPCow LLC is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implimented for intentional server abuse.

7. Indemnification

Client agrees that it will defend, indemnify, and hold harmless PHPCow LLC from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against PHPCow LLC, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless PHPCow LLC against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with PHPCow LLC's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from PHPCow LLC's servers.

PHPCow LLC assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

8. Disclaimer

PHPCow LLC wll not be held responsible for any damages you or your business may suffer. PHPCow LLC makes no warranties of any kind, expressed or implied, for services rendered. PHPCow LLC disclaims any warranty or merchantability or fitness for a particular purpose. PHPCow LLC assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. PHPCow LLC will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from PHPCow LLC.

9. Term

The term of this Agreement will continue until a notice of cancellation by PHPCow LLC or Client is given, or until terminated under other provisions of this Agreement. PHPCow LLC reserves the right to terminate this Agreement with cause upon notification to the Client. PHPCow LLC may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by PHPCow LLC to implement this Agreement is disrupted or terminated for any reason.

9.b

9.b is only applicable to Virtual Hosting Accounts. CLIENT may request PHPCow LLC refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, PHPCow LLC forfiets monies paid to PHPCow LLC. CLIENT may cancel account with PHPCow LLC and be removed from billing, therebye stopping all future charges.

9.c

These policies can be modified or changed at any time by PHPCow LLC with or with out prior notice to client. In most cases PHPCow LLC will inform client of any major policy changes.

10. Presumption of Agreement

By signing up with PHPCow LLC, be it using PHPCow LLC's online sign up form or contacting in any way an employee, officer, agent, and director with request for PHPCow LLC to provide Client services, Client (1) authorizes PHPCow LLC to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

11. Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, PHPCow LLC will be entitled to damages, costs, and attorney's fees from the Client.

12. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

13. Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of MP in the Courts Of Indore and the venue for any action, dispute or proceeding with respect to this Agreement will be Indore, in the State Of MP, India.
Captions

The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications

PHPCow LLC may make amendments or modifications to this Agreement at any time. Whenever practical, PHPCow LLC will notify Client of changes to this Agreement.

Clients are responsible for frequently backing up their files on our system. PHPCow LLC cannot be held responsible for the deletion of users' files, whether intentional or unintentional.

14. Domain Agreement

PHPCow LLC also provides domain registration, transfers and renewals service. Clients may order domains from their control panel and pay for them online. We shall endeavour to add more and more extensions and a notification shall be sent out once we add any new extensions to the service. We keep the domain locked so that the same cannot be hijacked. Should any changes be desired to be done on domain, open a Support Ticket with details of your domain name and we shall unlock for a limited period of time to do the changes and lock back again. Normally domains are only registered upon crediting of payments to our account. In rare cases where domain is booked before receiving the payments, if we do not receive payments then we reserve the right to take the domain out of your control.

15. Credits

Invoices Would Have To Be Paid Up For Within 5 Days Of Invoice Date. Non compliance would lead to account Suspension at sole discretion of PHPCow LLC. Under No Circumstances Do We Provide Any Credit. Any Default On Payment Would Render The Account Suspended Without Intimation. PHPCow LLC may delete the entire content of the site hosted and shall not be held liable for any claims for damages on that account. Any files on suspended site are only accessible upon reactivation as per Clause (16) below. Please contact us with request for reactivation only upon having sent the payments outstanding and we shall follow it up once the amount is credited to our account. Mere sending of payment/instrument details does not mean automatic reactivation. Payments have to be credited to our account before reactivation can be taken up.

Please Note: PHPCow LLC cannot be held responsible for any claims or damages of any nature arising out of display of Account Suspended Notification. Account Owners must take adequate care that the payments are done on time if their corporate web presence is important to them or the goodwill of their company. PHPCow LLC cannot be held responsible for loss of business, goodwill on account of Account Suspended notification for all defaulting accounts. PHPCow LLC Reserves Unconditional Rights to Display Account Suspended page with details of reasons of suspension.

16. Suspended Account Reactivation

Accounts Suspended for overdues are reactivated upon payment of penalty of US $ 25.00 if this occurs within 5 days of account suspension. If account has become inactive due to expiry of domain, then domain recovery charges of US $ 10.00 shall be additional. If expired domain is being recovered during the "Redemption Period" then the additional charges on account of domain recovery shall be US $ 100 payable in advance, alongwith account reactivation request through a Ticket logged on our Support Desk system.

17. Participation In Affiliate Program: Those who are participating in PHPCow LLC's Affiliate Program Are Also bound by the Terms and Conditions of the Affiliate Program which is presented to you while you Signup for your Affiliate Account.

18. Clients Of Resellers: The above terms are also applicable to Clients Of Resellers. We do not provide any direct support to the Clients of Resellers unless the Support Package has also been bought by Resellers. However, we may intervene and provide Direct Support if the Client Complains of Poor or Irresponsible Support from Resellers. In this event the Resellers Account Is Liable To Be Terminated. Resellers under no condition are allowed to register Client's domain name in their own name. This is illegal and not permitted, though other companies may be allowing this, but we follow rules as per ICANN. If you feel that this is discomforting for you, please look for some other company to join as Reseller.

19. Custom Work, Custom Support, And Custom Coding: All Custom Work is NON REFUNDABLE and the client agrees not to dispute payments once the payments are made and work delivered. This includes website design, custom code, custom templating work on third party softwares and custom support. Client is FREE To terminate the project at any stage but all payments made till that stage are NON REFUNDABLE and NO Partly completed work is delivered.