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TERMS OF SERVICES

1. Introduction

This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Server Wala Data Centers Pvt.Ltd (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company’s clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to the Company at the following address:[email protected]

2. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1. General

3.1.1. Pornography and pornographic related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.

3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.

3.1.3. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.

3.2. System and Network

3.2.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).

3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.

3.2.4. Circumventing user authentication or security of any host, network or account.

3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).

3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.

3.2.7. Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.

3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.

3.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

3.3. Billing

3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.

3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.

3.3.3. There is No Refund Policy.
3.4. Mail

3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).

3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;

3.4.3. Sending UCE referencing a domain hosted by the Company;

3.4.4. Sending UCE referencing an IP address hosted by the Company;

3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;

3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.

3.4.7. Harassment, whether through language, frequency or size of messages.

3.4.8. Unauthorized use, or forging, of mail header information.

3.4.9. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.

3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.

3.4.11. Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.

3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

3.4.13. Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.

3.5. Customer Support

3.5.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.

4. Indemnification of Provider/Relationship of Parties

4.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.

4.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.

5. Security/Software

5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.

5.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.

5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.

5.4. Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.

5.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.

6. LIMITATION AND EXCLUSION OF LIABILITY

6.1. Limitations

IN NO EVENT SHALL Server wala Data Centers Pvt.Ltd (the Company) HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Server wala Data Centers Pvt.Ltd , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. ServerWala Data Centers Pvt.Ltd SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Server wala Data Centers Pvt.Ltd, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Server wala Data Centers Pvt.Ltd, TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Server wala Data Centers Pvt.Ltd, BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Server wala Data Centers Pvt.Ltd, UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Server wala Data Centers Pvt.Ltd, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION

6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.2. Interruption of Service

You hereby acknowledge and agree that Server wala Data Centers Pvt.Ltd, will not be liable for any temporary delay, outages or interruptions of the Services. Further, Server wala Data Centers Pvt.Ltd, shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

6.3. Maintenance

You hereby acknowledge and agree that Server wala Data Centers Pvt.Ltd, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Server wala Data Centers Pvt.Ltd, will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

6.4. Backups and Data Loss

Your use of Server wala Data Centers Pvt.Ltd,’s servers and services is at your sole risk. Server wala Data Centers Pvt.Ltd, is not responsible for files and/or data residing on your Server. While backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is your own (the Customer’s) responsibility to take backups of data residing on your server.

7. Violation

Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

8. Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.

The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

9. Refusal of Service

9.1. The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.

9.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.

10. Disclaimer

10.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

10.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

10.3. PLEASE BE ADVISED THAT Server wala Data Centers Pvt.Ltd., RESERVES THE RIGHT TO REQUEST A COPY OF A VALID STATE AND OR COUNTRY IDENTIFICATION, SUCH AS A VALID STATE DRIVER LICENSE AND OR PASSPORT, ALONG WITH A VALID PAYMENT INFORMATION INCLUDED BUT NOT LIMITED TO CREDIT CARDS AND OR PAYPAL INDICATING THE LEGITIMACY OF THE ACCOUNT AND PAYMENT METHODS. THIS IS A ONE TIME REQUIREMENT FOR ALL THE NEW ACCOUNTS, TO PROTECT AND TO DETER ANY AND ALL POSSIBILITIES OF FRAUD.

10.4. The Company reserves the right to revise or change these Terms of Service at any time.

The Highest Rated Web Host by Serverwala.com

8.9/10
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Reliability

When You Expect Performance

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Frequently Asked Questions

Although we state our fully customized servers go online within 24 hours the reality is most of them are deployed within just 4 hours from the time we receive payment. We offer a handful of pre-built, pre-configured servers that deploy in about 7 minutes.it.
Any of our “non-instant” dedicated servers can be customized however you want with thousands of possible options. We provide options from one processor to four processors, one hard drive to 100 hard drives, 8GB RAM to 1000GB RAM, and everything in between. Most fully customized servers deploy in less than 4 hours from the time we receive your payment.
Instant Deployment servers are pre-built and already racked up within the data center. Customization options are limited to the operating system, software, bandwidth and add-ons like firewalls and backups. There are no options to customize the hardware. Instant Deployment servers typically deploy in about 7 minutes from the time your payment is submitted.
We provide a full 1Gbps dedicated port that you can max out whenever you need, for as long as you need. You are connected to the same Intelligently Routed blend of 8 transit providers included with our standard metered bandwidth options. You will never be billed for overage with this plan unless you have specially requested a 10Gbps port, otherwise, you are capped at 1Gbps. If you were to max out this port for the duration of an entire month you would experience roughly 330TB of throughput.
We provide hardware based RAID with far superior reliability and performance than software based RAID solutions. After you have selected a second hard drive in your cart, RAID 1, 5 and 10 options will be presented.
Each server can have our proactive Managed Services by on-site technicians added to it. Information about this service can be found on our Managed Services page.
Upgrade to a better CPU, more RAM, more hard drives quickly and easily at the time of your convenience. Open a trouble ticket with our Sales Team for pricing of the upgraded hardware and on acceptance we will coordinate with you to determine the best time to perform the upgrade.
Each USA dedicated server comes with free single IP address. You can purchase up to 5 IP addresses with each dedicated sever and additional IP (more than 5 IPs) addresses can be purchased upon request. You may have to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired.
When purchasing you can buy from various Linux distributions. We offer the recent, stable versions of the most popular Linux OSs (CentOS, Debian, Fedora, Ubuntu, VMWare ESXi, FreeBSD and CloudLinux) and Windows OSs (Windows Server 2008 R2 Standard, Windows Server 2012 R2 Standard, Windows Server 2016 Standard). for all dedicated servers.
Obviously. We know the catastrophic effects and loss of revenue that can be caused by a DDoS attack and treat server security and uptime very seriously. Each of our dedicated servers include free DDoS protection to maximize availability and prevent unexpected downtimes from disrupting your business and revenue stream. Our DDoS protection works seemlessly to filter out malicious traffic while passing through legitimate traffic directly through your server. We offer advanced settings to customize the protection specific to your applications needs.
Maintaining data integrity is typically an after-thought. We understand that data loss can be a major crisis and offer several options for preventing this occurance. Each dedicated server is available with software RAID at no additional charge. RAID will add redundancy to prevent downtime and data loss from a complete drive failure. All of our dedicated servers can also be equipped with our affordable backup storage option. All of our FTP backup storage is RAID6 protected and monitored in-house for data integrity.

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