This Terms of Service Agreement (this “Agreement”) is entered into by and between “Visti Cloud Service” (hereinafter referred to as visticloud.com) and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of visticloud.com services (“Services”) purchased or accessed through the visticloud.com website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through visticloud.com.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
Privacy Policy
Acceptable Use Policy
The terms “we”, “us” or “our” shall refer to visticloud.com. The terms “you”, “your”, “User” "Subscriber" or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
visticloud.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) visticloud.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made shall constitute your acceptance of this agreement. If you do not agree to be bound by this agreement as revised, do not use (or continue to use) this site or the services found at this site.
This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, visticloud.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. visticloud.com shall not be liable for any loss or damage resulting from visticloud.com’s reliance on any instruction, notice, document or communication reasonably believed by visticloud.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, visticloud.com reserves the right (but undertakes no duty) to require additional authentication from you.
In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to visticloud.com that all information you submit when you create your Account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If visticloud.com has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, visticloud.com reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, visticloud.com recommends that you change your password at least once every six (6) months for each account you have with visticloud.com. You must notify visticloud.com immediately of any breach of security or unauthorized use of your Account. visticloud.com will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by visticloud.com or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.
3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation
3.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by visticloud.com concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.3 Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
You agree not to host, display, upload, modify, publish, transmit, update or share any information that —
- Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not use this site or the services found at this site in a manner (as determined by visticloud.com in its sole and absolute discretion) that:
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding visticloud.com or visticloud.com’s Services.
- You agree to back-up all of your User Content so that you can access and use it when needed. visticloud.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not use this Site or the Services found at this Site, including any of visticloud.com’s related technologies, for any commercial use without visticloud.com’s express prior written consent.
- Please view our CPU Usage policy here
- Please view our Email Usage Policy
- Please view our Unlimited Hosting Policy
visticloud.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
10. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any our employee or support staff or its Authorised Users will result in immediate Account termination.
No refund will be processed if you violate any of the above "Rule of Conduct".
But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
Circumstances beyond visticloud.com' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against visticloud.com' network; Scheduled maintenance and system upgrades, or emergency maintenance;
Any DNS or Domain Name Registry issues outside the direct control of visticloud.com including DNS and Registry propagation issues and expiration;
Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer's account in breach of visticloud.com Terms and Conditions and Acceptable Use Policy;
Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems; Delays in e-mail delivery;
False SLA breaches reported as a result of outages or errors of any visticloud.com measurement system;
Outages elsewhere on the Internet that hinder access to your account. visticloud.com is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.
In order to receive a credit, Customer must make a request for by sending an e-mail to support@visticloud.com. Each request in connection with this SLA must include the following customer name, username, domain and date/time.
Credit request must be received by visticloud.com within 30 working days at the time of unavailability of the relevant Service. If the unavailability is confirmed by visticloud.com, credits will be applied within 30 days of visticloud.com receipt of Customer’s credit request.
Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total fee paid by Customer for such month for the affected Service(s). Lastly, Credits are not refundable and can be used only towards future billing charges.
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. visticloud.com performs backups of shared servers; however, these backups are for Visti Cloud Service's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers or other third party backup service providers. Visti Cloud Service does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Visti Cloud Service's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site contents to your personal computer or third party server! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Visti Cloud Service servers.
The system logs of the servers would be retained as a backup in our server for at least 1 (one) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a visticloud.com user agree that in no case, visticloud.com can be held responsible for the loss of data in any circumstances.
visticloud.com supports the protection of intellectual property. Further:
If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by visticloud.com. visticloud.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, visticloud.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release visticloud.com from any and all liability arising from your use of any third-party website. Accordingly, visticloud.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND visticloud.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
IN NO EVENT SHALL visticloud.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
You agree to protect, defend, indemnify and hold harmless visticloud.com and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by visticloud.com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
All Visti Cloud Service accounts may have licenses provided by an independent Third Party Services Vendor ("TPSV"). Visti Cloud Service is not responsible for the actions or inaction of the TPSV or the unavailability or malfunction of their network or services.
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.
Automatic Renewal of Account: As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Account or Domain(s) visticloud.com will automatically renew Subscriber's Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber's current method of payment on file. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying plan.
Automatic Renewal of Domain(s) : As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered with visticloud.com (or one of its Affiliates), or if transferred to and registered with visticloud.com (or one of its Affiliates), visticloud.com will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of visticloud.com. Subscriber hereby releases visticloud.com from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why visticloud.com is unable to renew said Account or Domain, including but not limited to inability of visticloud.com, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get a response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, visticloud.com will hold the expired Domain for up to 3 days as a courtesy and not as an obligation (contractual or otherwise). 3 days after expiration, the Domain will be placed in Redemption. During the Redemption period, the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption.
Cancellation of Automatic Renewal of Account or Domain:Subscriber agrees to notify visticloud.com of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to visticloud.com, as applicable, by sending same via email or phone. This request must include verification of ownership of the account and/or domain(s), as determined by visticloud.com.
Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable.
Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal. There will not be any refund given for the amount already paid.
Notice of Cancellation: Subscriber agrees to direct all cancellation requests to visticloud.com via via email. The cancellation request must include verification of ownership of the account and/or domain(s), as determined by visticloud.com. Subscriber must also confirm to visticloud.com that all emails, files, and databases are preserved and backed up somewhere other than visticloud.com server space.
30 Days Money back policy: We provide 30 days money back guarantee for our service. The following methods of payments are non-refundable, and refunds will be posted as a credit to the account:
There are no refunds on domain registration, domain related other services, administrative fees and installation fees.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
We do not refund when customers host illegal contents such as a copyrighted mp3 file or video files. We do not allow hosting illegal contents such as mp3 or video or audio files without proper copyrights.
No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.
In case the customer wishes to correct or change his GSTIN number submitted for the paid invoice, he can do so within 7 days from the date of payment. The new GSTIN number can be submitted via the Client Portal Area.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
visticloud.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, in particular, Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Further:
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Domain renewal notices are provided as a courtesy reminder and Visti Cloud Service is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a responsibility of the client to verify the domain renewal is successful or not, rarely under unfortunate circumstances, domain renewal may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain renewal, a client should get back to Visti Cloud Service within 7 working days. The client should update the support team by writing Email to support@visticloud.com & crm@visticloud.com to rectify the problem.
Visti Cloud Service accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
It is a responsibility of the client to verify the domain registration is successful or not, rarely under unfortunate circumstances, domain registration may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain registration, client should get back to Visti Cloud Service within 7 working days. The client should update the support team by writing Email to support@visticloud.com & crm@visticloud.com to rectify the problem.
Visti Cloud Service accepts no liability for the loss of any domain that has failed to register due to an invalid/insufficient information provided to us, late payments received or technical faults which are beyond our control.
visticloud.com shall address any grievances of users, whether registered or not, with respect to the website content or any other aspects connected therewith, in a time bound manner. For this purpose, visticloud.com has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Customer Relation Offer
OVI Hoisting Pvt Ltd
Email: CRM@visticloud.com
The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in terms of the Information Technology Law.
Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on visticloud.com that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
Ovi Hosting Pvt Ltd
Legal Department
#5, 2nd floor, TC Palya Main Road, Saraswathamma Complex, Ramamurthy Nagar
Banglore, Karnataka 560016
INDIA
Otherwise also, if you have any questions about this Agreement, please contact us at the above address.
It is your responsibilities to comply with applicable law and obligations for the services used. In addition, You are responsible for the security of your website/content/images/files/anything stored on the server under your account and also for maintaining backup of your content and immediately removing malware/virus/malicious files.
The User is primarily responsible for the security of their account and its content, as well as maintaining a backup of their content and removing any malware or hacking components from their account. The user must comply with the applicable law and have certain responsibilities with respect to their use of the services. The user is liable for securing their Username and Password. Visti Cloud Service is not responsible for any issues/problem occurs due to malware/hacking even under the managed support.
We reserve the right to change prices and the right to increase / decrease the amount of resources given to plans at any time with or without notice.
All Visti Cloud Service accounts may have licenses provided by an independent Third Party Services Vendor ("TPSV"). Customer also agrees that Visti Cloud Service is not responsible for any price change done by the TPSV and acknowledges that any such price change may be applicable to the customer too at anytime during the active service period. Visti Cloud Service is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPSV ("TPSV Dispute"). In the event of a the TPSV Dispute, Customer hereby releases Visti Cloud Service (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
visticloud.com reserves the right to reset the password on a server/website if the password on file is not current so that we may do security audits or corrections as required by our data center/other authorities. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their server on file to prevent downtime from forced password resets. visticloud.com reserves the right to audit servers as needed and to perform administrative actions as needed. In some in critical condition, visticloud.com will access/modify/do the necessary action in your website/server without your permission.
