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Terms of Services

All users of iNode Systems services and all customers upon signing up for iNode Systems services, agree to comply with iNode Systems Terms of Service. The purpose of implementing these terms is to ensure customers are using iNode Systems services with due regard to the rights of other Internet users and in conformity with the requirements of iNode Systems server and network environment. These terms are not exhaustive and iNode Systems reserves the right to add, delete or modify any provision of its Terms of Use at any time without notice, effective upon either the posting of the modified Terms to www.inodesystems.com or notification of the modified terms. Any complaints or dispute about a customer's violation of the Terms of Use should be sent to abuse@inodesystems.com.

Please see our abuse terms for more details on abuse policy and the definition of Unlimited options mentioned in our product catalogue. Other than a specifically written SLA (Service Level Agreement) in a format prescribed by iNode Systems and signed by the Client and an authorized representative of iNode Systems, this Terms of Use supersedes any other agreement with iNode Systems, whether written, oral, by conduct, or otherwise.

iNode Systems Web Hosting Customer Restrictions Server Resources

Any Web site or Web Application that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a more appropriate plan. iNode Systems will have the discretion to determine what is considered to be a high resource usage level. Please see our abuse terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to iNode Systems customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a iNode Systems server, and selling or distributing software (on a Web site residing on a iNode Systems server) that facilitates spamming. Violators will face immediate suspension. iNode Systems reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Uptime Guarantee

inodesystems.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network and web server uptime. It does not cover any areas where inodesystems.com has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, denial of service attacks, or connection issues between the client's location and the iNode Systems data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that inodesystems.com cannot directly influence. Uptime is monitored within iNode System's server and any third party monitoring software will not be honored.

In the event that iNode Systems does not meet the 99.9% uptime guarantee a hosting credit will be issued to the customer's web hosting account. Credit added will be 1 additional month of hosting for every 12 hours of downtime that exceeds the 99.9% guarantee.

IRC

iNode Systems does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution & Gaming

iNode Systems shared Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. This includes but is not limited to file sharing, torrents, warez, and pirated material. Running any online gaming is prohibited due to intense CPU and memory usage.

Ownership of Website

The legal owner of customers' Websites and accounts with iNode Systems will be the individual or organization whose name is listed in iNode Systems database as the owner. Customers will fully cooperate with and abide by any and all of iNode Systems security measures and procedures in the event of any dispute over ownership of customers' Websites and accounts with iNode Systems.

Illegal Use

iNode Systems servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing iNode Systems services, all iNode Systems customers certify that they and/or the organization they represent in procuring services from iNode Systems are not, nor have been designated, a suspected terrorist; are not owned or controlled by a 'suspected terrorist'; and are not on, are not a member of, related to, associated with, or controlled by any terrorist organizations.

Copyright Violations

The Copyright Act, 2000 sets forth the law regarding the use of copyrighted materials on the Internet. All iNode Systems customers are subject to the requirements of the Copyright Act, 2000. Individuals or entities submitting notifications of copyright infringement by an iNode Systems customer (per the Copyright Act, 2000) to iNode Systems must follow the below procedures. Customers who are the subject of a Copyright Act, 2000 notification that meets the below criteria may be subject to account termination at iNode Systems sole discretion.

Copyright Act, 2000 Infringement Notification Requirements:

  • Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for iNode Systems to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Send the notification via mail to:
    • iNode Systems
    • 188, North Shahjahanpur
    • Dhaka – 1217
    • Bangladesh

The Copyright Act, 2000 contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the Copyright Act, 2000, including these guidelines, by visiting the web site of the Ministry of Law of the Government of Bangladesh. iNode Systems is not required to respond to notices that do not meet the requirements of the Copyright Act, 2000. Copyright owners should be aware that there are substantial penalties for false claims and that iNode Systems will actively refer complainants who use the Copyright Act, 2000 for improper purposes to relevant law enforcement agencies.

In the event that iNode Systems must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the Copyright Act, 2000, you acknowledge and agree that iNode Systems may do so by disabling access to your entire web site.

Child Pornography and Pornography

The use of iNode Systems services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. iNode Systems is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

iNode Systems customers agree to protect, defend, hold harmless, and indemnify iNode Systems, any third party entity related to iNode Systems (including, without limitation, third party vendors), and iNode Systems executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of iNode Systems services.

Disclaimer

The iNode Systems service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. iNode Systems expressly disclaims any representation or warranty that the iNode Systems service will be error-free, secure or uninterrupted. No oral advice or written information given by iNode Systems, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. iNode Systems and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL INODE SYSTEMS (INCLUDING, WITHOUT LIMITATION, INODE SYSTEM'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING INODE SYSTEM'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR INODE SYSTEMS SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY INODE SYSTEMS SERVICES EVEN IF INODE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INODE SYSTEM'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR INODE SYSTEM'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY INODE SYSTEMS OR INODE SYSTEM'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

iNode Systems may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with iNode Systems services. Certain changes to iNode Systems services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and iNode Systems is not liable, for any and all such personalized applications and content, except as expressly agreed to by iNode Systems.

Backup of Data

Except where iNode Systems has expressly agreed in writing to the contrary, customers are solely and entirely responsible and iNode Systems is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with iNode Systems services. iNode Systems servers are also NOT be used as a backup storage and is only intended for hosting web files.

Governing Law and Severability

The Terms of Use, and any other agreement for iNode Systems services, will be governed by and construed in accordance with the laws of Bangladesh without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and iNode Systems will take place in Bangladesh, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the Terms of Use or other iNode Systems agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Terms of Use or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between iNode Systems and its customers. Each of iNode Systems and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this Terms of Use the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the Terms of Use into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of these terms. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the Terms of Use.

Complete Agreement and Exclusivity

The Terms of Use, and/or any other specific agreement for iNode Systems services, constitutes the complete understanding and agreement between iNode Systems and its customers. Except a specifically written SLA (Service Level Agreement) in a format prescribed by iNode Systems and signed by the Client and an authorized representative of iNode Systems, the Terms of Use supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This Terms of Use, and/or any other specific agreement for iNode Systems services is between iNode Systems and its customers only and will not confer any rights in any third party except as otherwise expressly provided by iNode Systems.

We support

The following outlines the scope and limitations of support iNode Systems offers its clients. Since web hosting has such a large mixture of customer supplied software and third party products, it is important to us to specify what services fall under the responsibility of our company and what services fall under the responsibility of the customer and/or third party vendors.

Common web based services

We continuously monitor and ensure all services are operating normally such as FTP, email, SSH, cPanel, Plesk, WebsitePanle, MS SQL Server, MySQL and programs written in various programming & scripting language. If you believe these services are not functioning correctly, we will manually check for you.

Server Management

We will maintain, secure, and configure all software that reside on our server. This includes various Linux Distribution, Windows Server Operating Systems, Apache, IIS, Mysql, SQL Server. As a result, software packages installed may not always be the latest version available or compatible with your own software. Please check with our support staff if you have any questions regarding compatibility.

Hardware Maintenance

We continuously monitor and maintain our server hardware. In the event of a hardware failure, we will repair the issue as soon as we are able.

Premium Support Services

Basic Script Installation: We provide installation services on specific third party scripts. We do not provide support or information on how to use the scripts or its features. We will not install any plugins or perform any customization to your scripts after the initial installation. Since these products are provided by third party vendors, we are unable guarantee the security or maintenance of the scripts. Any security features or updates will need to be performed by the client.

Backup of Data: All clients are responsible for maintaining current backups of data. We do have our own backups in the event of a disaster. These backups are available for restoration; however, we do not guarantee the availability of lost data. Customer requested changes. In the event a customer requests a change that will affect the daily operation of the account, we will notify the client of any configuration changes that needs to be made to the software on their account beforehand. It is the client's responsibility to make any changes to the scripts or software installed in order to resume functionality. This includes primary domain name changes and username changes.

Customer Responsibility: Basic computer and Internet knowledge It is expected that you have general knowledge of computing and directory structure. It is also expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.

Domain Names: If your domain name is not registered with us, you are responsible for using the supported services provided by your registrar for anything related to your domain name. This includes: DNS changes made at the domain name level, name server registration, and name server changes. If you choose not to use our nameservers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.

Email Client Configuration: We can assist you with the most basic settings for an email account with your preferred mail client, such as Microsoft Outlook, Apple Mail or Thunderbird. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering or adding third party email accounts.

FTP Client Configuration: Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account using known working configuration settings.

Scripts & Applications: You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. This is a policy we must strictly adhere to.

Refusal of Service: We reserve the right to refuse, cancel or suspend service at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. All sub-networks, distributive hosting sites of iNode Systems.com must adhere to the above policies.

Billing and Renewal Terms: We list out a complete and detailed term for our billing terms which includes but limited to our free domain name, pricing, cancellations and anything that is related to billing. Click here for more info on our billing terms.

Third Party Providers: You agree that certain services may be provided by third party providers of iNode Systems and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

© 2013, iNode Systems Effective Date: April 14, 2013

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