Terms & Conditions

G-MART WEBSOLUTIONS: Terms of Service

Welcome to G-Mart WebSolutions (formerly “G-Mart”) (https://www.g-mart.in) !

These terms and conditions outline the rules and regulations for the use of G-Mart WebSolutions’ Website, located at www.g-mart.in.

By accessing this website  and using or purchasing our services, we assume you accept these terms and conditions. Do not continue to use or to purchase any of our services from www.g-mart.in (G-Mart WebSolutions-formerly “G-Mart”) if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person purchasing any of our services and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Republic of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These Terms of Service (the “Agreement”) are an agreement between you (“User” or “you” or “your” or “client” or “customer”) and G-Mart WebSolutions (www.g-mart.in)-formerly “G-Mart”.  

This Agreement sets forth the general terms and conditions of your use of the products and services made available by us  and on our website (collectively, the “Services”). We reserves the right to amen these Terms and Conditions and Acceptable Use Policy at any time and you will be agreeing to latest updated Terms and Conditions and Acceptable Use Policy in any cases.

Agreeing to G-MART WEBSOLUTIONS (www.g-mart.in) Acceptable use Policy and Terms of Conditions is mandatory for Domain Registration. Domain Renewal, Domain Transfer, Domain Restoration, Shared Hosting, Reseller plans, VPS, Dedicated server, Softwares or using any of our services. Every client who are using/ purchasing any of our services is bound to agree “Terms of Service” provided by G-Mart WebSolutions. Please make sure you read everything before using or purchasing services provided by G-Mart WebSolutions. If you have any questions, Contact Us at copyright@g-mart.in.

G-mart.in provides Domain Registration/ Renewal/ Transfer/ Restoration, Web hosting, Reseller plans, VPS, Dedicated server and software services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of g-mart.in are subject to the following terms of service:

1.  Additional Policies and Agreements
      1. Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies.
        1. Acceptable Use Policy
        2. Privacy Policy
      2. Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and would be incorporated into this Agreement.
2.  Account Eligibility
      1. By registering for or using the Services, you represent and warrant that:
        1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
        2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
      2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the our billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
      3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
3. Company  Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company or the Company’s licensors. Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by the Company and the Company’s licensors.

4. User Content
    1. You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
      Solely for purposes of providing the Services, you hereby grant to the Company  a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company  does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    1. We exercise no control over, and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action that we may take.
5. Additional User Responsibilities  
  1. You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website. You will be solely responsible for providing end users of your User Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.
  2. You will cooperate fully with G-Mart WebSolutions in connection with G-Mart WebSolutions’ provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for G-Mart WebSolutions’ performance of its obligations that depend on your performance.
6. Billing and Payment Information

All Payments To g-mart.in (G-MART WEBSOLUTIONS) are Non-Refundable. However we may review it on need-be-basis.

    1. Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.

     2. Late Payments / Non-Payments

All accounts such as Domain registration/ renewal/ transfer/ restoration, Hosting plans, Reseller Plans, VPS, dedicated server and software services are billed according to the dates they were first activated on. Accounts that are past due may be disabled or may lead to suspension on an individual need-be-basis solely at our discretion.

All services provided by G-Mart WebSolutions are mostly prepaid basis (Advance Payment) but if domain registration, domain renewal, domain transfer/ restoration, shared hosting, reseller hosting, vps, dedicated server and software will be purchased from g-mart.in (G-MART WEBSOLUTIONS) on the condition of postpaid basis, and the client fails to make payment before due date (within 10 days of Billing Date) then all the provided services will be disabled or suspended temporarily until the clearance of payment.

In case of non-clearance of payment within 1 month of Billing Date then registered or renewed or transferred or restored domain name , hosting account, reseller account, VPS account, Dedicated Server or Software will be fully owned by g-mart.in (G-MART WEBSOLUTIONS) without taking prior permission from client and without giving prior notice to client and We have right to resell it to any individual/company/organisation at any cost that we want. We have also right to change the Registrar data such as Registrant Contact Information, Administrative Contact Information and Technical Contact Information of particular Domain Account/ Hosting Account only in case of non-payment of Client.

Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the G-Mart WebSolutions, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account. 

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.

     3. Domain Payments

      1. Domain Registration:  No refunds will be given once a domain is registered.      2. Domain Renewals:  You can manage domain renewals in your control panel (User panel). Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.  

     4. Domain Registration Fees are Non-Refundable

All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration/ renewal is suspended, canceled or transferred prior to the end of the registration term. Once a domain name is registered, it can not be altered, including spelling corrections.

    5. Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

    6. Price Change

The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent through mails, whatsapp, facebook, twitter, instagram, SMS (Text Message) or posted by us.

 
7. Certain Services; 404 Error Page.

 

In the event you fail to configure a 404 error page, a default 404 error page will be configured by the Company to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the Company’s placement of a default 404 error page and its associated content on your website. the Company’s 404 error page may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. the Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.

8. Third Party Products and Services
    1. Third Party Providers

We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider as well as Terms of Services provided by G-Mart WebSolutions. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

If company purchased any services from third party provider on behalf of you, then terms will be applicable based on Terms of services provided by G-Mart WebSolutions, you must agree terms of services of G-Mart WebSolutions including Late Payment/ Non-Payment Terms.

The Company does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The Company is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

    1. The Company as Reseller or Sublicensor 

We may act as a reseller or sublicensor of certain third party services, hardware, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed or provided by us to you will not be deemed a breach of the Company’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold  Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

    1. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

 9. Account Security and Company Systems.
      1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
      2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
      3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
      4. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
      5. We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
10. Compatibility with the Services
      1. You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform your obligations.
      2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.
      3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
11. Cancellation process

You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information.  However, you will continue to have access to use the Services purchased until the end of your prepaid term.

Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.

We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.

12. Termination

We may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm the Company or others or cause the Company or others to incur liability, as determined by us in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, the Company may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.

13. CPU, Bandwidth and Disk Usage
  1. Permitted CPU and Disk Usage. 

Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.

    1. Bandwidth Usage. 

Bandwidth usage is unmetered (i.e., not monitored) for shared hosting services only.  Bandwidth usage for dedicated, reseller and VPS services are subject to the terms and limitations of the plan you purchased which are available in your control panel.

14. Reseller Terms and Client Responsibility
    1. Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
    2. Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Terms of Third Party Products and Services.
    3. Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.
    4. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
    5. The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.
    6. The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.

Resellers in the the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

15. Arbitration

Your use of the Services is also governed by the following:

If you are in India, the following provision applies to you:

All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement 
(“Dispute”) shall be referred to and resolved by arbitration in Anand, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.

16. Independent Contractor

The Company and User are independent contractors and nothing contained in this Agreement places the Company and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

17. Governing Law; Jurisdiction

If you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of India.

Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

18. Backups and Data Loss 

Your use of the Services is at your sole risk. the Company does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups.  the Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.

G-mart.in is not responsible for backups for MySql databases and other backups of websites, folders, files, images, cgi-bin, mail, etc.. Subscriber/Client acknowledges that they will backup their own databases and other backups from the backup utility provided from their control panel. g-mart.in will however do backup’s of websites, images, cgi-bin, mail, etc if needed/ to protect from data lose of their client .

19. Entire Agreement. 

This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

20. Changes to the Agreement or the Services

We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services..

21. Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

22. Waiver

No failure or delay by you or the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

23. Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

24. Acceptable Use Policy

All services provided by g-mart.in may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Government of India, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Unlimited Hosting Plans : Unlimited Hosting does not mean that every resource in the server is provided unlimited. As this hosting package is a shared hosting package, the resources in the server will be shared between sites. Hence, you cannot use unlimited ram or processor usage. If your sites usage is found to impact other sites you will be requested to move to the dedicated VPS packages.

25. Pornography is prohibited on all g-mart.in servers

This includes sites that include sexually explicit or hardcore images and/or advertising. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. g-mart.in reserves the right to determine what is and what isn’t acceptable for our servers. If child pedophiliac material (pedo hard pics) are found on user/customers account the account will be immediately deleted and the user will be fined.

26. Illegality

In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

27. CGI Scripts

Each account comes with its own 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.

28. Banned Scripts

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • Game servers
  • IRC egg drops Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • nph-proxy
  • UBB (Ultimate Bulletin Board, all versions)
  • Ikonboard, Yabb (all versions)

G-Mart WebSolutions has the rights to either suspend or terminate the website or move the website to another server without any notice if the website is found to cause huge load on the server and thus interrupting the normal functioning of the server or other websites.

29. Background Running Programs

Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

30. IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

31. Commercial Advertising – Email

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $250 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

32. Domain Offers

Domains registered under domain offers are subject to review by the G-MART WEBSOLUTIONS compliance team. Any customer misusing the domain offers by registering bulk domains for the purpose of Domain Parking or Spamming or Domain Brokerage will be suspended and all their domains will be deleted. Funds associated with such deleted domains will be refunded.

33. Indemnification

Customer agrees that it shall defend, indemnify, save and hold g-mart.in (G-MART WEBSOLUTIONS) and it’s associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against g-mart.in (G-MART WEBSOLUTIONS), 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 g-mart.in (G-MART WEBSOLUTIONS) against liabilities arising out of;

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with g-mart.in (G-MART WEBSOLUTIONS) servers;
  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
  • Copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
34. LIMITATION OF LIABILITY

G-mart.in (G-MART WEBSOLUTIONS) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from g-mart.in servers going off-line or being unavailable for any reason whatsoever. Furthermore, g-mart.in shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of g-mart.in servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@g-mart.in. All complaints will be investigated promptly.

35. DISCLAIMER

G-mart.in (G-MART WEBSOLUTIONS) cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by g-mart.in are resold. Thus, certain equipment, routing, software, and programming used by g-mart.in are not directly owned or written by g-mart.in. Moreover, g-mart.in holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as g-mart.in sees fit. FURTHERMORE, g-mart.in retains the right to change any or all of the above Terms of Service, Policies, Guidelines, and Disclaimer without notification.

36. JURISDICTION
  • The laws of the Republic of India shall govern about terms.
  • In any event of dispute the area of Jurisdiction would be Anand only.
37. TRUST CONDITION

At the time of creating an account, Clients should provide proper and correct information for contact details. Existing account holders should keep their details up to date.

An account which has invalid or non communicable details will be suspended till the user provides proper contact details. The account will be terminated, if G-MART WEBSOLUTIONS does not get proper response on such requests.

Agreement Modification Date: 18th January, 2019.


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