I (a) DOMAIN NAME
In this Service (“Agreement”) “you” and “your” allude to every client, “we”, us” and “our” allude to Purpleno. (hereinafter alluded to as Purpleno) and Services alludes to the administrations gave by us. This Agreement reveals our duties to you and unveils your responsibilities to us for various Services. By choosing our Services you have consented to build up a record with us for such Services. The statement 19 sets out the extra arrangements particular to .business; .asia; .me and .tel TLD space name enlistment. When you utilize your record or allow another person to utilize it to buy or generally get access to extra Services or to wipe out your Services (regardless of the possibility that we were not informed of such approval), this Agreement covers such administration or activities. By utilizing the Services under this Agreement, you recognize that you have perused and consent to be bound by all terms and states of this Agreement and by any germane tenets or arrangements that are or might be distributed/sent by us.
2. SELECTION OF DOMAIN NAME
We can’t check and are not commit to see whether the area name you select/exchange, or the utilization you make of the space name, encroaches legitimate privileges of others. We encourage you to explore to see whether the space name you select or its utilization encroaches lawful privileges of others, and specifically we propose you look for exhortation of capable advice. You may wish to consider looking for at least one trademark enlistments regarding your area name. You ought to know that there is the likelihood we may be requested by a court to scratch off, alter, or exchange your area name. You ought to know that in the event that we are sued or undermined with claim regarding your space name, we may swing to you to hold us safe and repay us.
3. RIGHT & RESPONSIBILITIES OF PARTIES
a) You might give to us exact and dependable contact subtle elements and quickly right and refresh them amid the term of the space enlistment, including: the full name, postal address, email address, voice phone number, and fax number if accessible; name of approved individual for contact purposes in the event that you are an association, affiliation, or company.
b) Your stubborn arrangement of incorrect or problematic data, hardheaded inability to immediately refresh data gave to us, or your inability to react for more than fifteen (15) timetable days to request by us concerning the exactness of contact points of interest related with your space enrollment might constitute a material break of the understanding and be a reason for cancelation of the area enlistment.
c) On the off chance that you expects to permit utilization of the space name to an outsider, regardless, you are in charge of giving its own particular full contact data and for giving and refreshing exact specialized and managerial contact data satisfactory to encourage opportune determination of any issues that emerge regarding the area. The Registrant permitting the utilization of an area as per this arrangement should acknowledge risk for mischief brought about by wrongful utilization of the space, unless it immediately unveils the present contact data gave by the licensee and the character of the licensee to a gathering giving the Registrant sensible confirmation of noteworthy damage.
d) You may confine the measure of individual data that a Registrar makes accessible in a WHOIS inquiry. To do as such, the name might be enrolled through a security benefit (permitting you to hide individual recognizing data and regularly supplanting it with the data of the protection benefit). Be that as it may, in such conditions additionally, you are required give to us the exact and dependable contact subtle elements and speedily right and refresh them amid the term of the area enrollment, including: the full name, postal address, email address, voice phone number, and fax number if accessible; name of approved individual for contact purposes in the event that you are an association, affiliation, or partnership. You should will undoubtedly give us the exact and finish data as required under WHOIS, which however not distributed but rather be kept up in our database.
e) We will give notice to each new or restored Registrant expressing:
- (i) The reasons for which any Personal Data gathered from the candidate/registrant are planned;
- (ii) The proposed beneficiaries or classes of beneficiaries of the information (counting the Registry Operator and other people who will get the information from Registry Operator);
- (iii) Which information are compulsory and which information, assuming any, are willful; and
- (iv) How the Registrant or information subject can get to and, if important, redress the information held about them.
f) You will agree to the information handling alluded to in Clause (d).
g) You might speak to that notice has been given proportionate to that portrayed in Clause (d) to any outsider people whose Personal Data are provided to the Company by you, and that you have gotten agree equal to that alluded to in Clause (e) of any such outsider people.
h) You might speak to that notice has been given equal to that depicted in Clause (d) to any outsider people whose Personal Data are provided to the Company by you, and that you have acquired agree equal to that alluded to in Clause (e) of any such outsider people.
i) We concur that we will avoid potential risk to shield Personal Data from misfortune, abuse, unapproved get to or exposure, change, or pulverization.
j) We might keep up the secrecy of the WHOIS information gave by you under the Privacy Service, be that as it may we should have the privilege to uncover such data, with no earlier implication to you, to any administrative expert or to whatever other individual whom we should esteem required to be given.
k) You should speak to that, to the best of your insight and conviction, neither the enrollment of the area Name nor the way in which it is straightforwardly or in a roundabout way utilized, encroaches the lawful privileges of any outsider.
l) For the settling of debate concerning or emerging from utilization of the space name, you should submit, without partiality to other possibly appropriate purviews, to the locale of the courts (1) of your home and (2) where we are found.
m) You might concur that the enlistment of the space name should be liable to suspension, cancelation, or exchange in accordance with any ICANN embraced detail or strategy, or in accordance with any recorder or registry technique not conflicting with an ICANN received particular or approach, (1) to right slip-ups by Registrar or the Registry Operator in enrolling the name or (2) for the determination of question concerning the area name.
n) You should reimburse and hold safe the Company, and its executives, officers, workers, and operators from and against all cases, harms, liabilities, expenses, and costs (counting sensible lawful charges and costs) emerging out of or identified with your area name enrollment.
4. FEES PAYMENT AND TERM
As thought for the Services you have chosen, you consent to pay us the material service(s) expenses. All charges payable hereunder are non-refundable unless we give generally. As further thought for the Services, you consent to: (1) give present, finish and exact data about you as required for the enrollment procedure and (2) keep up and refresh this data as expected to keep it present, finish and precise. All such data might be alluded to as record data (“Account Information”). You therefore allow us the privilege to uncover to outsiders such Account Information. The Registrant, by finishing and presenting the Domain Name Registration/Transfer Agreement (“Registration/Transfer Agreement”), speaks to that the announcements in its application are valid and that the enlistment of the chose Domain Name, so far as the Registrant knows, does not meddle with or encroach upon the legitimate privileges of any outsider. The Registrant likewise speaks to that the Domain Name is not being enlisted/exchanged for any unlawful reason.
On the registration/transfer of a Domain name by Purpleno, a default (php3) home page will be displayed that could contain the following information:
- (i) Name of the registrant
- (ii) Email address of the registrant
- (iii) Address of registrant
- (iv) Logo of purpleno.com (site from which the domain is registered)
- (v) Logo of Purpleno (server on which domain is hosted initially)
Domain Name can be connected for a time of 1 to 10 years (least period 1 year yet if there should arise an occurrence of .business, .information and .asia least period 2 yrs.) from the date of the enlistment. You can apply for restoration of the enlistment for further time of 1 to 10 years on installment of recharging expenses material at the season of re-enrollment, and terms and conditions as relevant at the season of re-enlistment. The installment for re-enlistment must be gotten no less than 15 days before the date of expiry generally re-enrollment of a similar space name might not be allowed. You recognize and concur that Purpleno can’t ensure that you will have the capacity to enlist or reestablish a coveted space name even, if a request demonstrates that area name is accessible, since Purpleno can’t know with conviction regardless of whether the space name which you are trying to enroll is all the while being looked for by third party(s), or whether there are any mistakes or blunders in the area name enlistment or restoration prepare or related databases, including the different WHOIS databases. You additionally concur that Purpleno may choose to acknowledge or dismiss your application for enrollment or reestablishment for any reason at its sole prudence.
All installments are to be made for “Purpleno.” payable at kolkata and are to be sent at the postage information as said in provision 20 of this understanding by messenger/enlisted post. No outstation checks are acknowledged. At the back of the check/Demand draft you are required to say your Order ID and space name(s) you have booked against each request ID. In the event that installment is made with Credit Card then the registrant is required to send at the sole attentiveness of Purpleno, where it regards fit a Confirmation Letter (see Annexure I) properly marked by him through fax/messenger/enlisted post. Purpleno maintains whatever authority is needed to stop the administrations, in the event that the affirmation letter as required is not gotten back inside 10 days of assignment of Order ID Number.
Your area name application, recharging application or enlistment center exchange demand won’t be submitted to the relevant registry unless we get real installment of the enrollment, restoration or exchange charge or sensible affirmation of installment of the enrollment, reestablishment or exchange expense from some other element (such sensible confirmation as dictated by Purpleno at its sole prudence). In case of a charge back by a Mastercard organization or disrespect of check/request draft regarding your installment for the enlistment, recharging or recorder exchange ask for, you recognize and concur that the enrollment should be exchanged to Purpleno as the substance that has paid the enlistment, reestablishment or exchange expense for that enlistment to registry, and that we save all rights in regards to such space name including, without impediment, the privilege to make the area name accessible to different gatherings for procurement. We will reestablish any such enlistment exclusively at our tact, and subject to our receipt of the material enrollment, recharging or exchange expense.
According to the ICANN Policy the Registrar might send atleast two update sends/notice to the Registrant for a space moving toward expiry. It is likewise the duty of the registrant to restore the space name on convenient premise. Be that as it may, at the finish of the enrollment time frame , disappointment by the Registrant neglects to pay the recharging charge inside the predetermined time as said in the second update see/mail, brings about cancelation of the space enlistment. We may send you more than two update sends for restoration preceding the date when a recharging is expected. (In spite of the fact that restoration update is computerized, We owe no duty on the off chance that we neglect to advise before due date. You are asked for to make the installment for recharging as and when due). Area reestablishment status can be checked by you from the control board gave to you. Ought to a restoration expense go unpaid inside the time indicated with respect to recharging, the enrollment will be wiped out. Installment must be made with check/request draft/Mastercard or such other technique as we may demonstrate in the enrollment application or recharging structure. We will recharge the enlistment for the term determined, gave your charge card or other charging data is accessible and cutting-edge, unless you educate us generally inside the time indicated. On the off chance that you’re charging data is not exact and you wish to restore the enrollment, we will get in touch with you to refresh this data and charge you in like manner.
On the off chance that the essential installment is not gotten since it is expected, then we can quit giving administrations to you and the stoppage of administration because of non installment or whatever other reason inferable from you can not be held as ” plan to bring about wrongful misfortune or harm to the general population or any individual and neither one of the its can be developed to reduce the esteem or utility or influence you damagingly’. Discontinuance of administration by Purpleno because of non installment of duty or some other reason owing to you doesn’t add up to Hacking.
5. MODIFICATION OF AGREEMENT
You concur, amid the time of this Agreement, that we may: (1) reexamine the terms and states of this Agreement; and (2) change the administrations gave under this Agreement. Any such modification or change will tie and taking effect right now on posting of the updated Agreement or change to the service(s) on our site, or on notice to you by email or normal mail according to the Notices statement of this understanding, Clause 20. You consent to audit our site, including the Agreement, intermittently to know about any such corrections. In the event that you don’t concur with any correction to the Agreement, you may end this Agreement whenever by furnishing us with notice by email or general mail according to the Notice provision of this understanding, Clause 20. Notice of your end will be successful on receipt and handling by us. You concur that, by keeping on utilizing the Services taking after notice of any update to this Agreement or change in service(s), you comply with any such corrections or changes. You additionally concur that we, in our sole carefulness, may change our Domain Name Dispute Policy whenever. You concur that, by keeping up the reservation or enlistment of your space name after changes to the Dispute Policy get to be distinctly successful, you have consented to these alterations. You recognize that in the event that you don’t consent to any such alterations, you may ask for that your area name be erased from the space name database.
6. MODIFICATION TO YOUR ACCOUNT
Keeping in mind the end goal to change any of your record data with us, you should utilize your ID (that you were relegated when you opened your record with us) and Password (that you use to login to your board). Kindly protect your Account Identifier i.e. the ID and Password from any unapproved utilize. In no occasion we will be at risk for the unapproved utilize or abuse of your ID or Password. However handling of any exchange identifying with your space, may require certain adjustment, for which purposes you approve us to alter you area points of interest for preparing your asked for exchange for your benefit. That such change to your area points of interest will be re-established back inside 30 days from the date when the asked for exchange has been effectively executed.
7. DOMAIN NAME DISPUTE POLICY
In the event that you held or enlisted an area name through us, or exchanged a space name to us from another recorder, you consent to be bound by ICANN Domain Name Dispute Policy (“Dispute Policy”) which is consolidated in this and made a piece of this Agreement by reference. It would be ideal if you set aside the opportunity to acquaint yourself with the debate approach. ICANN claim all authority to alter the question approach and the minute changed debate strategy is placed in our site, the adjusted question arrangement is appropriate.
8. DOMAIN NAME DISPUTES
You concur that, if the enlistment or reservation or exchange of your space name is tested by an outsider, you will be liable to the arrangements determined in the Dispute Policy in actuality at the season of the question. You concur that in the occasion an area name debate emerges with any outsider, you will repay and hold us safe according to the terms and conditions contained in the Dispute Policy.
9. DOMAIN NAME RENEWALS AND DELETION POLICY
On the off chance that you neglect to restore your area name, the space names under Purpleno will be re-established naturally by Purpleno for your benefit for a time of one (1) Year. After auto restoration of your area name by Purpleno you will have a Renewal Grace Period of 38 days amid which you may repay Purpleno its re-establishment expense and keep your space name. That a Domain under Renewal Grace Period should on expiry of 21st day be put on HOLD (i.e. area gets impaired and all administrations like facilitating/mailing gets halted). In the event that you don’t repay Purpleno such re-establishment charges amid the restoration elegance period your space with Hold status should be hailed for cancellation on the 38th Day, after which you will have a 30-day recovery period amid which you may pay Purpleno Redemption expense and recharging charges and reclaim your area name from the Registry. The most extreme reclamation charge is INR 10,000/ – and is liable to change under the terms of this understanding. On the off chance that you don’t recover your area name preceding the finish of the Redemption Period the Registry will discharge your name and it will get to be distinctly accessible for enrolment on a first-start things out served premise.
You concur that, if a specialist for you (i.e., an Internet Service Provider, web structuring organization, worker, and so on.) bought our Services for your sake, you are in any case bound as ahead by all terms and conditions in this, including the Dispute Policy.
We maintain all authority to show/appropriate any query items as well as promote bring about Pop-up, Pop-under, leave widows, growing catches, or liveliness to you that is relevant to the quality or activity of our administrations and those of our administration accomplices. These declarations will be predominately enlightening in nature. They may incorporate notification portraying changes, redesigns, new items, or other data to add security or to improve your pursuit on the Internet.
12. LIMITATION OF LIABILITY
You concur that our whole obligation, and your restrictive cure, concerning any Services(s) gave under this Agreement and any rupture of this Agreement is exclusively constrained to the sum you paid for such Service(s). Our contractual workers and we might not be at risk for any immediate, roundabout, coincidental, exceptional or important harms coming about because of the utilization or powerlessness to utilize any of the Services or for the cost of obtainment of substitute administrations. We repudiate any misfortune or risk coming about because of, yet not restricted to: (1) misfortune or obligation coming about because of get to deferrals or get to intrusions; (2) misfortune or obligation coming about because of information non-conveyance or information mis-conveyance; (3) misfortune or obligation coming about because of demonstrations of God; (4) misfortune or obligation coming about because of the unapproved utilize or abuse of your CRN ID or Password; (5) misfortune or obligation coming about because of blunders, exclusions, or mis-articulations in all data or services(s) gave under this Agreement; (6) misfortune or obligation coming about because of the improvement or interference of your Web webpage or email benefit. The registrant concurs that we won’t be at risk for any loss of enrollment and utilization of registrant’s space name, or for interference of business, or any roundabout, exceptional, accidental, or significant harms of any sort (counting lost benefits) paying little mind to the type of activity whether in contract, tort (counting carelessness), or something else, regardless of the possibility that we have been instructed with respect to the likelihood of such harms. In no occasion our most extreme obligation might surpass the measure of expenses paid by you for the administration/s employed by you.
You consent to discharge, repay, and hold us, our contractual workers, operators, representatives, officers, executives and associates safe from all liabilities, claims and costs, including lawyer’s charges, of outsiders identifying with or emerging under this Agreement, the Services gave hereunder or your utilization of the Services, including without confinement encroachment by you, or another person utilizing the E-mail Service with your PC, of any licensed innovation or other restrictive right of any individual or element, or from the infringement of any of our working standards or arrangement identifying with the service(s) gave. You likewise consent to discharge, reimburse and hold us safe in accordance with the terms and conditions contained in the Dispute Policy. When we are undermined with claim by an outsider, we may look for composed affirmations from you concerning your guarantee to repay us; your inability to give those confirmations might be considered by us to be a break of your Agreement and may bring about deactivation of your space name.
14. INACCURATE OR UNRELIABLE DATA
You, therefore, speak to and warrant that the information gave in the space name enrollment application is valid, right, state-of-the-art, and complete and that you will keep on keeping all the data gave cutting-edge. Your tenacious arrangement of off base or untrustworthy data, your hardheaded inability to speedily refresh data gave to the vault administrator, or any inability to react for more than five schedule days to our requests routed to the email address of the managerial, charging or specialized contact at that point showing up in the Whois catalog as for an area name concerning the precision of contact subtleties related with any registration(s) or the enlistment of any space name(s) enrolled by or through you or your record, will establish a break of this Agreement. Any data gathered by the vault administrator concerning a recognized or recognizable regular individual (“Personal Data”) will be utilized regarding the enlistment of your domain name(s) and for the reasons for this Agreement and as required or allowed by the ICANN Agreement or any ICANN/Registry Policy.
15. RIGHT OF REVOCATION
Registrant concurs that recorder may erase a Registrant’s area name if any data required to be provided by the Registrant under this Registration Agreement, or consequent modification(s) to it, is bogus or deceiving, or covers or excludes any data that enlistment center would probably think about material to its choice to endorse this Registration Agreement. Registrant further concurs that recorder may deny, drop, suspend or disavow the enrollment of Registrant’s space name, or, suspend the assignment of Registrant’s Domain Name, if it is sensibly controlled by enlistment center in its sole attentiveness, that Registrant or some other individual use or saw to utilize the area name regarding an) Any action that encroaches the protected innovation rights or different privileges of outsiders; b) Any movement that slanders or demonizes any individual; or c) Any criminal behavior including however not restricted to, sex entertainment or potentially nakedness of any sort, grown-up erotic entertainment, Anime, kid sex entertainment, “grown-up content” or potentially the composed expression of a sexual sort; or d) Any in any case illicit or fake action.
17. NO GUARANTEE
You concur that, by enrollment or reservation or move of your picked domain name, such enlistment or reservation or move doesn’t give resistance from complaint either to enrollment, reservation, move, or utilization of the area name. Your domain name is ensured as enrolled just when you get an affirmation mail from us, affirming enlistment of your area name.
18. DISCLAIMER OF WARRANTIES
You concur and warrant that the data that you give to us to enroll or save your area name or enlist for different Services is to the best of your insight and conviction, precise and finish, and that any future changes to this data will be given instantly. You concur that your utilization of our Services is exclusively at your own hazard. You concur that such Service(s) is given on an “as may be,” “as accessible” premise, we explicitly repudiate all guarantees of any sort, regardless of whether express or suggested, including yet not restricted to the inferred guarantees of merchantability, wellness for a specific reason and non-encroachment. We make no guarantee that the Services will meet your necessities, or that the Service(s) will be continuous, opportune, secure, or mistake free; nor do we make any guarantee with regards to the outcomes that might be acquired from the utilization of the Service(s) or with regards to the precision or dependability of any data got through our email benefit or that imperfections in the Services programming will be rectified. You comprehend and concur that any material or potentially information downloaded or generally acquired using our email administration is done at your own carefulness and chance and that you will be exclusively in charge of any harm to your PC framework or loss of information that outcomes from the download of such material as well as information. We make no guarantee with respect to any merchandise or administrations bought or acquired through the email benefit or any exchanges went into through the email benefit. No exhortation or data, regardless of whether oral or composed, got by you from us or through the email benefit should make any guarantee not explicitly made in this.
19. RIGHT OF REFUSAL
We, in our sole carefulness, maintain all authority to decline to enroll or save your picked space name or register you for different Services inside thirty (30) schedule days from receipt of your installment for such administrations. On occasion, we don’t enroll or hold your space name or register you for different Services inside such thirty (30) schedule day’s time frame; we consent to discount your pertinent fee(s). You concur that we will not be at risk to you for misfortune or harm that may result from our refusal to enlist or save or register you for different Services.
II WEBSITE HOSTING
In the present Agreement (“Agreement”) “you” and “your” allude to every client, “we,” “us” and “our” allude to Purpleno India Ltd. (hereinafter alluded to as “Purpleno”), and administrations allude to the Web facilitating administration gave by us. This Agreement discloses our commitment to you and discloses your commitment to us for Web facilitating administration. By utilizing the administrations under this Agreement, you recognize that you have perused and that you consent to be bound by all the terms and states of this Agreement and any relevant principles or strategies that are or might be distributed/sent by us.
“Purpleno” has consented to give Web Hosting administrations to the “Customer” on receipt of charge as relevant on the date of applying for the administration, reestablishment, and so forth.
2. FEES & PAYMENT
As a thought for the administrations you have chosen, you consent to pay us the appropriate service(s) expenses. All charges payable hereunder are non-refundable except if we give in any case. As further thought for the Services, you consent to (1) give current, complete, and precise data about you, as required by the enrollment procedure, and (2) keep up and update this data, varying, to keep it up to date, complete and exact. All such data will be alluded to as record data (“Account Information”). You thusly award us the option to unveil to outsiders such Account Information. The Registrant, by finishing and presenting the Web Hosting (“Agreement”), speaks to that the announcements in its application are valid thus far as the Registrant knows, doesn’t meddle with, or infringe upon the privileges of any outsider. The Registrant additionally speaks to that the Web facilitating isn’t accomplished for any unlawful reason. All installments are to be made through Check/Bank Draft for “Purpleno India Ltd.” payable at Kolkata and are to be sent at the postage information as referenced right now dispatch/enrolled post. The installments are required to be paid ahead of time; in any case, “Purpleno” would not continue with giving of its Services. No outstation checks are acknowledged. On the off chance that installment is made with Credit Card, at that point, the Registrant is required to send at the sole watchfulness of Purpleno, where it regards fit a Confirmation Letter properly marked by him through fax/messenger/enrolled post. Purpleno claims all authority to stop the administrations, in the event that the affirmation letter, as required, isn’t gotten back inside ten days of the designation of Order ID Number. Your mentioned space for web facilitating won’t be set up for our server except if we get a real installment of the enlistment or reestablishment or sensible confirmation of installment of the enrollment or recharging from some other element (such sensible affirmation as dictated by “Purpleno” at its sole circumspection). In case of a chargeback by a Mastercard organization or shame of check/request draft regarding your installment of the enlistment or reestablishment expense, you recognize and concur that “Purpleno” can quit offering the types of assistance identifying with Web facilitating, except if it gets the due installment alongside the managerial charges. We will reestablish any such enlistment exclusively at our caution, and subject to our receipt of the relevant enrollment, recharging or moving expense. We will attempt to tell thirty (30) days before when a restoration expense is expected. (We owe no obligation in the event that we neglect to inform preceding due date. You are mentioned to make the installment as and when due and additionally demand not to depend on our mail for reminding you to make the installment). Should a recharging expense go unpaid inside the time determined with respect to restoration, the enlistment will be dropped. Installment must be made with a money order/request draft/charge card or such other technique, as we may demonstrate in the enlistment application or recharging structure. We will reestablish the enlistment for the term indicated gave your charge card or other charging data is accessible and exceptional, except if you teach us in any case inside the time determined. In the event that your charging data isn’t exact and you wish to recharge the enrollment, we will get in touch with you to refresh this data and charge you in like manner. In the event that the imperative installment isn’t gotten since it is expected, at that point we can quit offering types of assistance to you, and the stoppage of administration due to non-installment or some other explanation owing to you can not be held as ” plan to make unfair misfortune or harm people in general or any individual and neither one of its can be built to lessen the worth or utility or influence you harmfully’. Discontinuance of administration by “Purpleno” due to non-installment of contribution or some other explanation owing to you don’t add up to Hacking under Section 66 of the Information Technology Act, 2000.
4. TERM AND TERMINATION
- a) The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the service.
- b) The “Client” can terminate the service/s provided/to be provided by “Purpleno” by giving a prior 30 days notice.
- c) In case of termination of contract initiated by the “Client”, the “Client” is required to settle the full payment for the engagement period fees and other incidental expenses incurred by us.
- d) “Purpleno” can terminate the services provided/to be provided to the “Client” if “Client” becomes insolvent, delinquent, unable to pay its debt violates any term/s and condition/s of this Agreement. Purpleno also reserves the right to terminate the services if it is determined by Purpleno, in its sole discretion, that the client is pursuing or is perceived to pursue any illegal activity and/or if at any time your site has or perceived to have pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
5. CLIENT COVENANTS
We cannot check to see whether the web site hosted by you on our server infringes legal rights of others. We urge you to investigate and ensure that web site hosted by you do not infringe the legal right of others. During the period that “Purpleno” provides Web Hosting service, ”Client” shall not distribute on the website any content that:
- (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
- (b) violates any law, statute, ordinance or regulation;
- (c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- (d) is obscene, pornographic or indecent; or
- (e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information;
- (f) under no circumstances unsolicited message/s of communication in any form (SPAM) shall be sent by the client to any third party. Neither shall the client send any communication to any of its client which is not desired by him. If we receive any complaint from any third party that they have received unsolicited communication, then we shall terminate the services immediately, without giving any notice. If the service is terminated due to SPAMMING, then we shall not be liable for any damages neither shall be refund any amount received towards service fee.
Client’ shall indemnify, defend and hold ‘”Purpleno”‘ harmless against any third party claim, action, suit or proceeding alleging any breach of the ‘Client Covenants’ as stated in clause 5 or arising from errors or inaccuracies in the content. ‘Client’ shall indemnify ‘”Purpleno”‘, its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by “Purpleno” as a result of a judgement entered against “Purpleno” in any such claim, action, suit or proceeding. “Purpleno” can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.
7. CONFIDENTIAL INFORMATION
Information considered proprietary or confidential by either “Purpleno” or ”Client” which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party (“Confidential Information”) shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If any of the parties wants to disclose the proprietary information of the other party, then you all must see that certain things need to be followed. When you are going to disclose information for another party, then a notice must be given to the other party before disclose. All these need to be done by providing some time so that the opponent will get time to act or to take the step to avoid these disclosures from your side.
8. LIMITATION OF LIABILITY
Notwithstanding anything contained herein to the contrary, “Purpleno” shall not be liable to the ”Client” or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of “Purpleno” officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if “Purpleno” has been advised of the possibility of such damages.
The ”Client” hereby agrees not to circumvent and engage any other independent contractor for rendering services similar to that agreed herein during the engagement period.
Cancellation of Web Hosting : Purpleno can terminate the services provided to the Client, if it is found by Purpleno that the Client is utilizing more than the sanctioned space. Upon the cancellation of the provision of the Website hosting service to ”Client” or termination of this Agreement, “Purpleno” shall: (i) replace the home page of the web site with a standard error message at no charge to ”Client”; (ii) upon ”Client’s” request, provide to ”Client” one copy of the website, in object code format for a fee of Rs. 5,000.00 which shall be payable in advance. If upon termination of this Agreement or cancellation of the provision of the website Hosting service to ”Client”, ”Client” notifies “Purpleno” that it wishes to transfer the hosting of the website to another company, “Purpleno” shall promptly comply with the transfer request from the other company if ”Client” is not then delinquent with respect to any amount payable under this Agreement. Upon payment to “Purpleno” of the delinquent amounts, if any, “Purpleno” shall promptly comply with the request.
In this service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, “us” and “our” refer to Purpleno India Ltd. (hereinafter referred to as “Purpleno”) and services refer to the various EMAIL service provided by us. In the agreement, you all can see that, and it explains the obligation securely. Here you can find that the obligation that is described here is meant for WEBMAIL service. When you start to use the services under the agreement, then you all also acknowledge the terms and conditions. Moreover, with that all, you too agree with any pertinent rules or even policies of the company efficiently.
Purpleno has agreed to provide EMAIL services to you on charges as may be applicable on the services selected by you. The EMAIL service is only provided for circumscribed purposes as per the plan selected by you and is device dependent, based on the transmit and receive capacity of individual customer device in case of EXMAIL Service.
You agree to subscribe to EMAIL services for the minimum subscription for 1 year.
On subscription of EMAIL services you agree to make advance payments for the services (Inclusive of applicable taxes) as per the accepted payment plan.
5. TERMINATION OF SERVICE
Non renewal of EMAIL service on expiry of term shall result in termination of services. Your payment and other obligations under this agreement are not suspended or otherwise affected by failure to access and/or use of a service (in whole or in part) by you.
In the agreement, you all can see that, and it explains the obligation securely. Here you can find that the obligation that is described here is meant for WEBMAIL service. When you start to use the services under the agreement, then you all also acknowledge the terms and conditions. Moreover, with that all, you too agree with any pertinent rules or even policies of the company efficiently.
6. CUSTOMER OBLIGATION AND DUTIES
1. You must use the services in accordance with the terms mentioned herein; for lawful purposes; in accordance with all applicable local, national laws and regulations; and for the purposes for which they are designed.
2. When you use our services, you agree that:
- a) you will directly or indirectly not do anything which violates any terms;
- b) send junk mails, spam or any unsolicited mails; change your identity to send bulk mail
- c) make any misrepresentation including (without limitation)deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
- d) impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;
- e) change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and
- f) forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
- g) transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
- i) commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”;
- j) violate or infringe any intellectual property rights;
- k) do anything which does or may damage, impair, overburden or disable any system of any person (including us) using our services;
- l) interfere with another user’s use and enjoyment of the service or of similar services;
- m) interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or
- n) compromise or tamper with the security of our or any other person’s software, hardware, systems, networks or services;
- o) transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancel bots;
- p) harvest or collect information about others, including email addresses, without their consent for any reason;
- q) violate the privacy of any person;
- r) reproduce, replicate, copy, sell or re-sell any of our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or the information or data contained in our services;
- s) repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
- t) transmit content that you do not own or do not have the right to publish or distribute;
- u) access any of our services or any similar service of any third party or any network without authorization or through hacking, password mining or any other means;
- v) perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
- w) help any third party to do any of the above.
- x) You must remove your number from our website www.purpleno.com if you do not wish to use our services.
7. INTERCEPTION OF COMMUNICATION
By subscribing to or using a service, you agree that:
- a) We may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.
- b) We may report or disclose your Name, address, number etc and other details to the statutory authority or controlling body.
“You” shall indemnify, defend and hold ‘‘Purpleno” harmless against any third party claim, action, suit or proceeding alleging any breach of the ‘Customer Obligation and duties’ as stated in clause 6 or arising from errors or inaccuracies in the content. “You” shall indemnify ‘‘Purpleno”, its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by ‘Purpleno’ as a result of a judgment entered against “Purpleno” in any such claim, action, suit or proceeding. “Purpleno” can stop providing the services to the “You” if we receive a complaint by the third party regarding the violation of Customers Obligations and duties.
9. CONFIDENTIAL INFORMATION
Information considered proprietary or confidential by either “Purpleno” or ”Client” which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party (“Confidential Information”) shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If either party is required to disclose any proprietary information of the other party, it shall provide notice thereof to the other party in a timely fashion so that the other party may avail itself of any procedures or remedies to protect or avoid such disclosure.
10. LIMITATION OF LIABILITY
i) Notwithstanding anything contained herein to the contrary, “Purpleno” shall not be liable to the ‘‘Client” or any third person for any delay or default in performing its obligations hereunder if caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of ‘‘Purpleno”. ‘‘Purpleno” and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if ‘Purpleno’ has been advised of the possibility of such damages. ii) Under no circumstances aggregate liability payable by ‘‘Purpleno” will exceed the total fee received from the ‘‘Client” under this Agreement. iii) “Purpleno” shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise out of loss or corruption of data during transit or storage on Purpleno’s Mail servers.
IV VPS SERVICE
In this service Agreement (“Agreement”) each customer is referred to as “you” and “your”, Purpleno refer to “we”, “us” and “our” and service refer to the Purpleno Virtual Private Server Service (hereinafter referred to as VPS Service) which allows multiple users to share resources of one server, with an extremely high degree of security and insulation. By accepting to the terms and conditions hereinafter for using the services offered by Purpleno and or by clicking on I accept button on registration page you agree that you have read and agree to be bound by all the terms and conditions of this Agreement and any other applicable terms and conditions mentioned on Purpleno India Limited website www.Purpleno.com, which constitutes the entire agreement between Purpleno and customer and supersedes all prior agreements, understandings and representations whether oral or written.
a) Purpleno agrees to provide the non-exclusive use of a Virtual Server to Customer, for the use of Customer at the price agreed upon before the initiation of service, for the term as defined below. Access to the Virtual Server is limited to Customer and its authorized agents. Purpleno has limited access to the contents of your Virtual Server. Purpleno reserves the right to require, at its discretion, software upgrades for the purposes of maintaining security and stability of the services provided and may require the installation of such upgrades. Standard fees for such upgrades shall be set by Purpleno from time to time.
b) It is seen that the customers who all represents and warrants it has got the access to all necessary to configure, monitor, maintain, and even to secure of Virtual server. If there is an emergency period, then all the equipment of the Customer will not be able to transmit and receive any kind of data. Purpleno further agrees to maintain the hardware on which the Virtual Server is located. Except with respect to the delivery of VPS, Purpleno does not provide phone or e-mail support or other technical assistance for the administration of the Virtual Server or otherwise related to the Services, except for Managed VPS.
c) All Virtual Servers must use software configurations that conform to Purpleno requirements. Use of any particular software configuration may be declined at the sole discretion of Purpleno. Customers have no right or expectation to receive a hardware or software configuration on their Virtual Server that is more capable than that which was initially ordered from Purpleno, nor can a Customer expect to receive support from Purpleno with respect to the correction of errors caused by mistakes, faulty settings, and installation errors caused by the Customer.
d) Purpleno shall not be responsible for the non-availability of the site and/or application due to any “bugs” or application failure. Purpleno will not be responsible for any changes done by the customer, which leads to downtimes or application failures. Purpleno will not be responsible for outages/downtimes on the Internet Network. Purpleno’s uptime guarantees are applicable only within its network upto the termination onto the Internet Backbone.
e) Monitoring equipment: Purpleno shall install the monitoring equipment to monitor the bandwidth usage, service usage, etc. The server can be affected by activities, which are not controllable by Purpleno even after the installation of the equipment. (At present we are using PRTG Software) Purpleno’s liability in the event of loss to the customer due to activities, which are not controllable by Purpleno including without limitation, virus attack to the customer is NIL. Purpleno is not liable for any damages, if any loss occurs to the customer due to the activities, which are not controllable by Purpleno.
f) Scheduled maintenance: Purpleno will conduct routine scheduled maintenance of its Internet Data Center Services according to the maintenance schedule posted on Purpleno’s World Wide Web sites. In the event that a mission critical maintenance situation arises, Purpleno may have to perform emergency maintenance at any time. The next thing that needs to be in attention is this. If the number of days left here is the state of being less than a month, then the price of the application is the state of being form the whole month. Not only that, the amount will not get prorated with the number of days left for expiry. Customer agrees to co-operate with Purpleno during the scheduled and emergency maintenance periods.
g) Support: Purpleno gives the Customer round the clock support, monitoring, fault reporting and maintenance of the networks and systems whether on-line or by telephone, only during normal Pacific Standard Time working hours. Purpleno provides warranty support to the equipment supplied by Purpleno as per the terms and conditions of the manufacturers.
h) Upgrade: Upgrade of various components can be done by customer on payment of additional component charges for the complete month in which the upgrade is done. 0.x months is seen to be treated as the one month for you all. While 2.x months will be treated as the three months for all customers.
i) Restoration & Backup : If you face any crash, then the company will provide one free restoration per quarter. The free restoration can’t get carried forward to the next quarter if you have not used it. But for more restorations, it will be charged as per the price.
j) Log Maintenance: All VPS Server Customer needs to maintain all the LOG as prescribed under the Information Technology Act 2000 and rules made there under for investigation of the suspected criminal violations. Various services generate all things. These services are stated to be Web Server, remote access, FTP, and many more, which are connected to TCP/IP. The Customer shall cooperate fully with law enforcement authorities in the investigation of suspected violations, criminal investigations of violations of systems or network security at other sites including providing Users information’s. Non maintenance of logs as per the applicable law may incur criminal or civil liability.
k) Use of Material: As per the national law and other international treaties, all the copyrighted materials will not get uploaded by website internet services. By chance, there is an unintentional misuse said to be mis-classified as global misuse.
l) Abuse of Service: Any use of Purpleno system resource that disrupts the normal use of the system for other Purpleno’s Customers is considered to be abuse of system resources and is grounds for administrative intervention. Spamming is one example of system abuse.
Depending on the nature of and the severity of the abuse, the user may receive an e-mail warning or have their account suspended by Purpleno Technical Support. If the misuse is unintentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge, which is Rupees ten thousand (Rs.10, 000) per server. If you, as a customer, feel that the activities here are misclassified, then they all can go and appeal to the Operations Manager here.
On violations of any of the conditions set by Purpleno company is state to be an unethical and criminal offense. All the things are state of being expected to get the report to the Purpleno if you all have got some concerning things about any violation.
If the company gets aware of the violations, then it may suspend the access to the services of the individual account, which is in this fray. If the violations are confirmed, then it may result in the cancellation of the individual account or even the criminal prosecution.
m) Data Transfer Utilisation : Purpleno shall monitor bandwidth utilisation for each server in the Purpleno Internet backbone network, with the objective of determining the necessary bandwidth to maintain Service quality. Purpleno’s network design policy is to commence the initiation of a capacity upgrade for any backbone link in the Purpleno backbone network, when a backbone link reaches a sustained utilisation above eighty five percent (85%) for more than four (4) consecutive hours. Purpleno also monitors the Data Transfer utilisation of each server in the Purpleno Internet Backbone network, with the objective of the servers, are not using more than its allocated data transfer rates per month.
If you are going for the extra usage, then you can see that it was billed to the Customer @ INR. It is charged per additional GB usage per month, and the final payment must be made within seven days.
Data Transfer is used for the following traffic but not limited to: HTTP requests and response, incoming and outgoing email, mailing list distribution, both outbound and inbound data transfer from your account. All the Data Transfer usage reports state to be available to the Customer in the portal. Moreover, Extra Data transfer would be automatically billed by the system at the time the end of monthly subscription, which may not necessarily be the end of the calendar month. the email or SMS also sent to the customers at regular intervals for the data transfers.
- i) Upon reaching 70% of the available data transfer limit
- ii) Upon reaching 80% of the available data transfer limit
- iii) Upon reaching 90% of the available data transfer limit
- iv) Upon reaching 100% of the available data transfer limit
- v) And after 10% there-off with billable amount for the EDT
j) Availability:The target availability objective for the Purpleno Data centre is ninety-nine percent (99%) per month (excluding unavailability due to scheduled maintenance). When you all look at the figures of Purpleno, then all the controlled routers and IP backbone are readily available here. All the service outage that here comes is stating to be unavailable for the 60 minutes continuously.
Service Outage shall not include any service outage or interruption resulting from maintenance action requested by or attributed to the Customer, nor from scheduled or routine Purpleno maintenance operations. Purpleno will notify the customer three (3) days in advance of a scheduled maintenance at a time agreeable to the customer. A single maintenance period will not exceed three (3) hours.
Service outage shall also not include any service outage or interruption resulting from emergency or general maintenance that lasts for ten (10) minutes or less, Purpleno will not directly notify Customer in advance for such short-duration maintenance. Purpleno will use its best efforts to limit such occurrences. In addition, Purpleno will undertake short duration, general maintenance during defined maintenance windows.
Service outage credits are granted if the Purpleno Internet backbone network availability falls below the target objective, as defined, with an availability of 99%, seven (7) hour of unavailability per month (based on 720 Hours per month) is exempt from service outage credits.
Service outage incidents
If the company is facing the conflicts of the service outage, then it is as follows.
- The credit for one day will be given for outages if it lasts more than 60 minutes but less than 8 hours.
- If the outage continues over 8 hours, then the service outage credit of two days will get granted. In it, the maximum cap is equal to the monthly access charges for one month.
- Monthly access charges for one month calculate all the service outage credit that goes per hour. The charge is divided by 720 hours in here.
Apart from that all, there is no event in Purpleno, where the service outage credits will get excess of the monthly access charges for the period of the service outage.
The Granting of Service Outage Credits is contingent upon the customer having opened a trouble ticket with Purpleno’s Privilege Customer Support within 2 Hours after the Service Outage occur. The duration of the Service Outage period will be determined at the sole discretion of Purpleno, based upon Purpleno’s internal records and the above-noted trouble ticket. If the customer does not notify Purpleno’s Privilege Customer Support division within two (2) hours after the service outage occurs, the Service Outage will be considered to begin when the trouble ticket is opened with Purpleno’s Privilege Customer Support division.
In any case the Purpleno shall not grant service outage credits in cash or cheque or in any form of Money.
2. FEE & PAYMENT
The services that you all have selected must get agree by you in a better way. It means that you all must agree to pay the applicable service fees as well as security deposits. Not only that, there are additional installation charges as well for all customers, and they too charge for the custom services as well. All the fees here are payable are non-refundable. The other things here that you all need to take a look are here.
a) You all need to provide the current, accurate, and complete information about yourself. All these things are required when you are going for registration.
b) All the information that you all provided during the registration is considered as the account information. For all that, you need to grant the right to disclose the third parties, which are state of being account information. By signing the agreement, you give the company to disclose the account information to third parties. All this information will not be used for any unlawful purpose.
c) If a customer is going for the monthly tenure VPS service, then it is good to renew the VPS subscriptions. You need to renew before 7 days of the expiry date of your service. All these events are not stated to be renewed, and the services will not get stopped on any 7-day post expiry.
d) A customer who has taken yearly tenure for VPS service needs to renew before 15 days of the date of expiry.
e) The payments that you all going to pay to Purpleno must be made in advance. If you were not doing it, then the company will not provide you with VPS services. If you are paying by credit card, then the Customer needs to send the sole discretion of Purpleno.
f) The requested service from the Customer will not get the book by us if there is no payment for the same.
g) In case the bank charge back the credit card transaction or cheque dishonor, Purpleno will stop giving you service from that moment. There will be no notification for it from us, and to continue, you need to go for the clearance of dues.
h) If there is no payment from the Customer after the due date, then we can stop providing your services. You cannot hold us under the intent to cause wrongful loss of or damage for any person or any low utility of value. It also not consider as Hacking under Section 66 of the IT ACT 2000.
3. TERM & TERMINATION
When this agreement arrives, you all can take it as the monthly or annual package for the selected pack by the Customer for getting the VPS services. If you take a look at the term of the agreement, then you can see that it will get automatically renew as per monthly or yearly terms. To stop the auto renew, you need to terminate it before the renewal.
If you terminate the renew or agreement, then you must be knowing that all the fees paid for setup, hosting, and other services are non-refundable. The Customer may cancel the service at any point in time within the 30 days from notice.
The email notice that is sent from firstname.lastname@example.org to the customer email will be considered as the written notice. If the Customer has got some outstanding amount after the termination, then Purpleno has got every right to recover the money from you.
If you are notwithstanding the above purpleno reserves, then the right to terminate the services by Purpleno can get in the way without any prior notice. There are many events under which these things can take place. They are here.
- Any kind of abuses of the machines, intentionally or improper coding.
- In promoting or committing any type of illegal activity. The activities include the limited to fraud or mail-bombing denial of service attacks, linking to unlawful content, hacking or cracking of key generators, copyright of audio and video files without consent. Apart from these, if there is an issue with hosting reserves, then your account will get terminated. All will happen if your account caught with nudity, pornography, or any other adult things.
- If you use ad-servers or attempts to go for the circumvent quota system, which is owned by nobody. It is always a specific idea for podcasting the sites of use of torrent software, excessive resource usage, or even core dumping.
- Any kind of attempt to circumvent the security policies or the systems procedure.
If the server that you are using is the target or initiator of the service attack, then your account will get terminate without any warning. Moreover, you will be held responsible for any charges that arise due to it.
- The main thing in the agreement is that the Customer is responsible for maintaining the server. To secure the server, you all need not have to reveal the password or even the secret question for any reason. Apart from that, the Customer agrees that the security of the Virtual Server, as well as other services, is only responsible for the Customer’s responsibility. For all that reason, it is solely accountable for the Customer to maintain as well as update the security software on the virtual server. You all can’t hold Purpleno for security breaches and damages if it is caused due to the Customer’s failure to update the security software from time to time.
- All customers shall not provide any access to the services due to these things.
- By allowing others to use their accounts. By creating the account for someone who all are not authorized to perform the role or the view.
- They all fall to revoke the access for the longer authorized so that they can access the Services for these reasons. If there is any unauthorized access from your server, then notify Purpleno to look into this matter immediately.
- If the Customer agrees to the security violations with the Customer’s Virtual server, then Purpleno has the right to suspend the access to the server. We, too, can initiate an investigation for it as well. Customer needs to agree that they must have the right to cooperate with the government or in any legal investigation for such incidents.
- All the Customers must know and agree as well that the security of the virtual server is the responsibility of the Customer only. These things are state of being the responsibility of the Customer only to maintain as well as update the software regularly. A customer can’t hold Purpleno accountable for failure or breach of security in the Virtual Server. To ensure better security and other features to the Customer, it is being asked that it helps in utilizing the packet filtering technology.
- If you are using the Purpleno system for software piracy, then it violates the law. For any unlicensed applications, cracking of programs, terrorist propaganda, scripts for abuses, attacks, or other things will be considered as a criminal offense. Your account will get suspended without any notice.
5. MANDATORY SECURITY UPDATES
Purpleno pushes the security updates with fixed bugs at frequent intervals. You, as a customer, need to make sure that they download all the security updates to the Virtual Server. As the exploit may become catastrophic for you all, so for these things, it must be considered as the attacking of the widely deployed applications. Not only that, but they all are also in use of the majority of the servers as well.
You can understand it by taking the examples of it, which is state to be software related to DNS, APACHE as well as SEND MAIL.
All the security notification for the same is stated to be sent to the Customer via the mailing services. The subject line for the same is Mandatory Security Update. In the mailing services, you can read the synopsis and how it can affect the system and how the update will prevent it. Furthermore, they, too, send you a link to download the update with an official link for it. You can click on it and can download the security update by downloading and installing it.
All the customers need to update the system within 24 hours of the release of the security patch.
So, to ensure the proper security of all clients, the servers need to maintain in the best way. If after 24 hours, the Customer need not update the security, then Purpleno can apply for the updates. The updates that the company will roll to your server will then charge per hourly support without any notice from the company.
6. SOFTWARE LICENSE
All the software which all are provided comes under the agreement. It has seen that these things are provided by third parties. So, when you are going for the third party software, then they all are licensed to the customer subject of terms and conditions.
As per the end-user license, they all provided the document, which all were accompanying the software in the right way. All the customers here then need to accept as well as agrees with the terms and conditions of the EULA that comes with the third party software. The Customer must make sure that there will be no use of pirated software.
With all these things, now it is seen that Purpleno states to be not held responsible for these things. As the software here is from the third party, so the company will not be accountable for the damage that happens for the software.
Moreover, it is seen that the Purpleno will be charged the customers at the request of the Customer, which may configure the third party software with the equipment that is with the Customer. For all these things, it is seen that the configuration of the software is stated to be done as per the instructions of the third party, and it shall not be doing any damage which arises. These damages here may be due to the third party software that is installed in the equipment that the Customer has with it.