This Terms of Service Agreement (this “Agreement”) is entered into by and between “Visti Cloud
Service” (hereinafter referred to as visticloud.com) and “You”, is made effective as of the date of
electronic acceptance. This Agreement sets forth the general terms and conditions of your use of
visticloud.com services (“Services”) purchased or accessed through the visticloud.com website (this
“Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the
particular services you purchase or access through visticloud.com.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge
and agree to be bound by this Agreement, along with the following policies and agreements, which are
incorporated herein by reference:
Privacy Policy
Acceptable Use Policy
The terms “we”, “us” or “our” shall refer to visticloud.com. The terms “you”, “your”, “User”
"Subscriber" or “customer” shall refer to any individual or entity who accepts this agreement. Other
terms should be interpreted as per the definitions under the Information Technology Act, 2000 and
otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer
any third-party rights or benefits.
visticloud.com, in its sole and absolute discretion, may change or modify this Agreement, and any
policies or agreements which are incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon posting to this Site. You acknowledge and agree that (i)
visticloud.com may notify you of such changes or modifications by posting them to this site and (ii)
your use of this site or the services found at this site after such changes or modifications have
been made shall constitute your acceptance of this agreement. If you do not agree to be bound by
this agreement as revised, do not use (or continue to use) this site or the services found at this
site..
This site and the services found at this site are available only to users who can form legally
binding contracts under applicable law. By using this Site or the Services found at this site, you
represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as
being able to form legally binding contracts under applicable law.
If you are entering into this agreement on behalf of a corporate entity, you represent and warrant
that you have the legal authority to bind such corporate entity to the terms and conditions
contained in this agreement, in which case the terms "you", "your", "User" or "customer" shall refer
to such corporate entity. If, after your electronic acceptance of this agreement, visticloud.com
finds that you do not have the legal authority to bind such corporate entity, you will be personally
responsible for the obligations contained in this agreement, including, but not limited to, the
payment obligations. visticloud.com shall not be liable for any loss or damage resulting from
visticloud.com’s reliance on any instruction, notice, document or communication reasonably believed
by visticloud.com to be genuine and originating from an authorized representative of your corporate
entity. If there is reasonable doubt about the authenticity of any such instruction, notice,
document or communication, visticloud.com reserves the right (but undertakes no duty) to require
additional authentication from you.
In order to access some of the features of this site or use some of the services found at this site,
you will have to create an account. You represent and warrant to visticloud.com that all information
you submit when you create your Account is accurate, current and complete, and that you will keep
your account information accurate, current and complete. If visticloud.com has reason to believe
that your account information is untrue, inaccurate, out-of-date or incomplete, visticloud.com
reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You
are solely responsible for the activity that occurs on your account, whether authorized by you or
not, and you must keep your account information secure, including without limitation your customer
number/login, password and payment method(s). For security purposes, visticloud.com recommends that
you change your password at least once every six (6) months for each account you have with
visticloud.com. You must notify visticloud.com immediately of any breach of security or unauthorized
use of your Account. visticloud.com will not be liable for any loss you may incur due to any
unauthorized use of your account. You, however, may be liable for any loss that may be incurred by
visticloud.com or any third party caused by any such unauthorized use of your account, whether
caused by you or your authorized person.
3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and
update them within seven (7) days of any change during the term of the Registered Name registration,
including: the full name, postal address, e-mail address, voice telephone number, and fax number if
available of the Registered Name Holder; name of authorized person for contact purposes in the case
of an Registered Name Holder that is an organization, association, or corporation
3.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its
willful failure to update information provided within seven (7) days of any change, or its failure
to respond for over fifteen (15) days to inquiries by visticloud.com concerning the accuracy of
contact details associated with the Registered Name Holder's registration shall constitute a
material breach of the Registered Name Holder contract and be a basis for suspension and/or
cancellation of the Registered Name registration.
3.3 Any registered name holder that intends to license use of a domain name to a third party is
nonetheless the Registered Name Holder of record and is responsible for providing its own full
contact information and for providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that arise in connection with
the Registered Name. A registered name holder licensing use of a Registered Name according to this
provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it
discloses the current contact information provided by the licensee and the identity of the licensee
within seven (7) days to a party providing the Registered Name Holder reasonable evidence of
actionable harm.
3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's
knowledge and belief, neither the registration of the Registered Name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third party.
3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the
Registered Name Holder shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and
(2) where Registrar is located.
3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be
subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or
pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy,
(1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the
resolution of disputes concerning the Registered Name.
3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its
directors, officers, employees, and agents from and against any and all claims, damages,
liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or
related to the Registered Name Holder's domain name registration.
You agree not to host, display, upload, modify, publish, transmit, update or share any information
that —
1.Belongs to another person and to which the user does not have any right to, unless you have written
consent from the owner of the copyrighted material;
2.is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3.harm minors in any way;
4.infringes any patent, trademark, copyright or other proprietary rights;
5.violates any law for the time being in force;
6.deceives or misleads the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
7.impersonate another person;
8.contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
9.threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any cognisable offense or
prevents investigation of any offense or is insulting any other nation.
visticloud.com generally does not pre-screen User Content (whether posted to a website hosted by visticloud.com or posted to this Site). However, visticloud.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. visticloud.com may remove any item of User Content (whether posted to a website hosted by visticloud.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by visticloud.com in its sole and absolute discretion), at any time and without prior notice. visticloud.com may also terminate a User’s access to this Site or the Services found at this Site if visticloud.com has reason to believe the User is a repeat offender. If visticloud.com terminates your access to this Site or the Services found at this Site, visticloud.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
visticloud.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by visticloud.com in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by visticloud.com in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of visticloud.com, its officers, directors, employees, and agents, as well as visticloud.com’s affiliates. visticloud.com expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. VistiCloud reserves the right to termination or suspension of accounts of its customers/ resellers due to non payment of any pending invoices in their name.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward visticloud.com, but also because it can overload visticloud.com's network and disrupt service to visticloud.com's subscribers. Also, maintaining an open SMTP relay is prohibited.In such a cases, Refund will not be provided.
visticloud.com is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year. visticloud.com aims to achieve 99% Service Availability of its Services for all customers. In case of failure of visticloud.com to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy.
visticloud.com performs backups of shared servers; however, these backups are for Visti Cloud
Service's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for
maintaining their own backups on their own personal computers or other third party backup service
providers. Visti Cloud Service does not provide any sort of compensation for lost or incomplete data
in the event that backups do not function properly (even if the malfunction was due to negligence on
Visti Cloud Service's part). We will do our best to ensure complete and accurate backups, but assume
no responsibility for this duty. Always backup your site contents to your personal computer or third
party server! We make no guarantees about the availability of backups. You agree to take full
responsibility for files and data transferred and to maintain all appropriate backup of files and
data stored on Visti Cloud Service servers.
The system logs of the servers would be retained as a backup in our server for at least 1 (one)
months from the date of its creation. And otherwise also, we may retain such information in our
systems but for a limited period, which may help not only in complying with the laws of the land but
also to make sure that we maintain enough backup of user accounts, which may either be required to
be restored to the server in unforeseen circumstances or to make available the information to the
enforcement agencies, in case of any specific requests received in accordance with the law of the
land.
But in case of exceptional circumstances, it cannot be assured that we will always have at all times
backup available with us. Further, you as a visticloud.com user agree that in no case,
visticloud.com can be held responsible for the loss of data in any circumstances.
visticloud.com supports the protection of intellectual property. Further:
Customer shall further ensure that by availing of any website services, he is not infringing upon
any intellectual property rights or other rights of any person or entity, or does not publish any
content that is illegal while using services under this Agreement.
Customer acknowledges that visticloud.com cannot and does not check to see whether any services or
the use of the services by the Reseller under this Agreement, infringes legal rights of others.
Unless you have been specifically permitted to do so or have a separate agreement with us, you agree
that you will not use any trademark, service mark, trade name, logo of any company or organization
in a way that is likely or intended to cause confusion about the owner or authorized user of such
marks, names or logos.
In case of any notice received under DMCA or otherwise for Intellectual Property violation.
visticloud.com reserves the right to remove the content with or without issuing any notice to the
Customer, depending upon the seriousness of the matter.
If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid,
registered trademark or service mark, or (ii) a copyright claim for material on which you hold a
bona fide copyright, please contact us at the address mentioned in Electronic Communications /
Notices of this agreement.
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by visticloud.com. visticloud.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, visticloud.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release visticloud.com from any and all liability arising from your use of any third-party website. Accordingly, visticloud.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE
SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS
IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR
CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND visticloud.com ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE
PROVIDED BY visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT
LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR
FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES
FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
IN NO EVENT SHALL visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
1.THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
2.THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE) TO THIS SITE,
3.THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE,
4.PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
5.THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
6.ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION,
FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
7.ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
8.ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS
SITE
OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
9.ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY
PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
10.ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES
FOUND
15.AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
AND
WHETHER OR NOT visticloud.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or
related to this Site or the Services found at this Site must be commenced within one (1) year after
the cause of action accrues, otherwise such cause of action shall be permanently barred.
12.IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall visticloud.com’s total
aggregate liability exceed the total amount paid by you for the particular Services that ARE the
subject of the cause of action.
13.THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND
shall
survive any termination or expiration of this Agreement or your use of this Site or the Services
found at this Site.
You agree to protect, defend, indemnify and hold harmless visticloud.com and its officers, directors,
employees, and agents, from and against any and all claims, demands, costs, expenses, losses,
liabilities and damages of every kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by visticloud.com directly or indirectly arising from (i)
your use of and access to this Site or the Services found at this Site; (ii) your violation of any
provision of this Agreement or the policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without limitation any intellectual
property or other proprietary right. The indemnification obligations under this section shall
survive any termination or expiration of this Agreement or your use of this Site or the Services
found at this Site.
All Visti Cloud Service accounts may have licenses provided by an independent Third Party Services
Vendor ("TPSV"). Visti Cloud Service is not responsible for the actions or inaction of the TPSV or
the unavailability or malfunction of their network or services.
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up
registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current
all of Subscriber's billing information, email and all other contact information. It is the
Subscriber's responsibility to verify that the information submitted is accurate to ensure proper
billing and continuity of services.
Automatic Renewal of Account: As a courtesy and not as an obligation (contractual or otherwise),
fifteen (15) days prior to the expiration of Subscriber's Account or Domain(s) visticloud.com will
automatically renew Subscriber's Account, for the same duration initially selected, at the then
current, non-promotional rate, by charging the applicable fee to Subscriber's current method of
payment on file. The domain registration voucher is only applicable as long as the Subscriber
maintains a qualifying plan.
Automatic Renewal of Domain(s) : As a courtesy and not as an obligation (contractual or otherwise),
fifteen (15) days prior to the expiration of Subscriber's domain, if registered with visticloud.com
(or one of its Affiliates), or if transferred to and registered with visticloud.com (or one of its
Affiliates), visticloud.com will automatically renew Subscriber's domain, by charging the applicable
fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the
obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the
Subscriber, and is not the obligation (contractual or otherwise) of visticloud.com. Subscriber
hereby releases visticloud.com from any and all liability for failure for any reason to renew said
Account or said Domain(s). Subscriber acknowledges that there may be many reasons why visticloud.com
is unable to renew said Account or Domain, including but not limited to inability of visticloud.com,
for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or
otherwise get a response from Subscriber at the email address on file, or otherwise. Subscriber
acknowledges that said Account and/or Domain, if not renewed, for whatever reason, will expire on
the Account or Domain Expiration Date, as applicable. In the event that a Domain expires,
visticloud.com will hold the expired Domain for up to 3 days as a courtesy and not as an obligation
(contractual or otherwise). 3 days after expiration, the Domain will be placed in Redemption. During
the Redemption period, the Domain will be inaccessible and unable to be registered elsewhere. In
order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a
Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of
Redemption.
Cancellation of Automatic Renewal of Account or Domain:Subscriber agrees to notify visticloud.com of
Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the
account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification
and/or Automatic Domain Renewal Cancellation Notification to visticloud.com, as applicable, by
sending same via email or phone. This request must include verification of ownership of the account
and/or domain(s), as determined by visticloud.com.
Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates,
domain privacy, and domain names are nonrefundable.
Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time, before or after
automatic account renewal. There will not be any refund given for the amount already paid.
Notice of Cancellation: Subscriber agrees to direct all cancellation requests to visticloud.com via
via email. The cancellation request must include verification of ownership of the account and/or
domain(s), as determined by visticloud.com. Subscriber must also confirm to visticloud.com that all
emails, files, and databases are preserved and backed up somewhere other than visticloud.com server
space.
30 Days Money back policy: We provide 30 days money back guarantee for our service. The following
methods of payments are non-refundable, and refunds will be posted as a credit to the
account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
There are no refunds on domain registration, domain related other services, administrative fees
and
installation fees.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us
before, canceled and signed up again, you will not be eligible for a refund or if you have opened a
second account with us.
We will refund your money ONLY if you have any technical issue with our services.
No refund will be made if your Service(s) are suspended or terminated.
Your refund request has to be justified with valid technical issue faced due to services
If you request for a refund after 30 days, Your refund request cannot be processed.
No Refund is applicable on the monthly plans purchased.
We do not refund when customers host illegal contents such as a copyrighted mp3 file or video files.
We do not allow hosting illegal contents such as mp3 or video or audio files without proper
copyrights.
No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of
our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
visticloud.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
Customer agrees to use the service in compliance with applicable law and this Agreement and the
annexed documents, in particular, Acceptable Use Policy (the "AUP"), which is hereby incorporated by
reference in this Agreement. Further:
The Terms of Agreement and the relationship between you and us shall be governed by the laws of
India. The Courts of law at Bangalore, India shall have exclusive jurisdiction over any disputes
arising under this agreement or other related issue arising out of the use of this site or related
services. Our failure to exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and agree that the other provisions of the Agreement remain in full
force and effect.
Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Agreement must be filed within one (1) year
after such claim or cause of action arose, or be forever barred.
Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own
initiative. Those visitors are solely responsible for compliance with all laws, rules, and
regulations, union, state, and local or foreign, applicable to the use of this website and
information, content, material and services contained herein.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Domain renewal notices are provided as a courtesy reminder and Visti Cloud Service is not responsible
for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a
responsibility of the client to verify the domain renewal is successful or not, rarely under
unfortunate circumstances, domain renewal may not happen due to software error or network error or
any other unknown technical reasons. If there is any issue in domain renewal, a client should get
back to Visti Cloud Service within 7 working days. The client should update the support team by
writing Email to support@visticloud.com & crm@visticloud.com to rectify the problem.
Visti Cloud Service accepts no liability for the loss of registration of any Domain that has failed
to be renewed due to an invalid email address provided to us, late payments received or technical
faults which are beyond our control.
It is a responsibility of the client to verify the domain registration is successful or not, rarely
under unfortunate circumstances, domain registration may not happen due to software error or network
error or any other unknown technical reasons. If there is any issue in domain registration, client
should get back to Visti Cloud Service within 7 working days. The client should update the support
team by writing Email to support@visticloud.com & crm@visticloud.com to rectify the problem.
Visti Cloud Service accepts no liability for the loss of any domain that has failed to register due
to an invalid/insufficient information provided to us, late payments received or technical faults
which are beyond our control.
visticloud.com shall address any grievances of users, whether registered or not, with respect to the
website content or any other aspects connected therewith, in a time bound manner. For this purpose,
visticloud.com has designated the following person as Grievance Officer in terms of Information
Technology Act 2000:
Customer Relation Offer
OVI Hoisting Pvt Ltd
Email: CRM@visticloud.com
The appointed officer shall acknowledge the complainant electronically and resolve the matter
within
the time specified in terms of the Information Technology Law.
1.Any notice or other communication required or permitted to be delivered to visticloud.com under
this
Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered,
when sent to our contact address specified in the Customer Control Panel or on the Parent Website by
registered mail or courier. Any communication shall be deemed to have been validly and effectively
given, on the date of receiving such communication, if such date is a Business Day and such delivery
was made prior to 18:00 hours local time, and otherwise on the next Business Day.
2.When you visit the Site or send emails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate with you by email or
by posting notices on the Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing. And, by special permissions, you may opt for electronic communication
in communicating with us by writing to support@visticloud.com and crm@visticloud.com
3.All official / legal communications and correspondences with OVI Hosting Pvt Ltd has to be done in
the English language only. Any correspondence received in any other language other than English will
not be permissible and no legal action can be taken against OVI Hosting Pvt LTd in such
scenarios.
Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and
other legal process served on visticloud.com that seek information, documents or other business
records. Third parties wishing to serve such process may do so in writing to the following address:
Ovi Hosting Pvt Ltd
Legal Department
#5, 2nd floor, TC Palya Main Road, Saraswathamma Complex, Ramamurthy Nagar
Banglore, Karnataka 560016
INDIA
Otherwise also, if you have any questions about this Agreement, please contact us at the above
address.
It is your responsibilities to comply with applicable law and obligations for the services used. In
addition, You are responsible for the security of your website/content/images/files/anything stored
on the server under your account and also for maintaining backup of your content and immediately
removing malware/virus/malicious files.
The User is primarily responsible for the security of their account and its content, as well as
maintaining a backup of their content and removing any malware or hacking components from their
account. The user must comply with the applicable law and have certain responsibilities with respect
to their use of the services. The user is liable for securing their Username and Password. Visti
Cloud Service is not responsible for any issues/problem occurs due to malware/hacking even under the
managed support.
We reserve the right to change prices and the right to increase / decrease the amount of resources
given to plans at any time with or without notice.
All Visti Cloud Service accounts may have licenses provided by an independent Third Party Services
Vendor ("TPSV"). Customer also agrees that Visti Cloud Service is not responsible for any price
change done by the TPSV and acknowledges that any such price change may be applicable to the
customer too at anytime during the active service period. Visti Cloud Service is not a party to, and
shall not be involved in or responsible for, transactions, agreements, and/or disputes between
Customer and the TPSV ("TPSV Dispute"). In the event of a the TPSV Dispute, Customer hereby releases
Visti Cloud Service (and its officers, directors, agents, and employees) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
visticloud.com reserves the right to reset the password on a server/website if the password on file is not current so that we may do security audits or corrections as required by our data center/other authorities. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their server on file to prevent downtime from forced password resets. visticloud.com reserves the right to audit servers as needed and to perform administrative actions as needed. In some in critical condition, visticloud.com will access/modify/do the necessary action in your website/server without your permission
1.Your account & data will not be available on failure to renew the service on time. The system will
automatically delete your data if you fail to renew on time.
2.Domain registration is subject to availability of domain name at the time of registration.
3.visticloud.com cannot be held responsible for any failure of a domain or website transfer from
other
4service providers. When transferring a domain from other service providers under some situation it
may not be technically possible to transfer it successfully due to wrong EPP code or blocking the
domain by other service provider or any other reasons, user understands that it is their
responsibility to ensure that the domain is renewed with other service provider or transferred to
visticloud.com successfully.
5.Visti Cloud Service provides dedicated server based on virtualized environment such as VMWare or
KVM
to provide quality service and better uptime. Read more at
https://help.visticloud.com/server-help/why-smart-server-is-best-compared-to-others.
6.inode limit - The total number of inode can be used by a customer is based on the plan, What you
have chosen and paid for. The inode limits per plan are available in the www.visticloud.com or
http://forum.visticloud.com. Please refer the respective pages for the same.
7.All suspended accounts including reveller's accounts/website will be terminated. It is the
responsibility of revellers or clients to take the backup before suspending.
