Welcome to the Charvi Associates Networks Services website ("Charvi Associates") operated by Charvi Associates. The Website products and services (collectively, the "Services") are offered by Charvi Associates through Web pages and linked pages that display the Charvi Associates Hosting Service navigation bar and include a footer link to the Charvi Associates Hosting Services User Agreement. By accessing the Website or using any of the Services, you agree to be bound by this User Agreement and additional or alternative terms, conditions, rules and policies in connection with any particular Service. Please note that this User Agreement may be updated from time to time without notice to you. Because the User Agreement contains legal obligations, please read them carefully. If you reside outside of the INDIA, you are contracting with Charvi Associates Beawar, INDIA. If you have any questions, please refer to the Help section on the Site.
Section 1. Using Charvi Associates Networks
By utilizing service from Charvi Associates you acknowledge that you agree to the User Agreement set forth below.
If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our service.
While utilizing the Charvi Associates Network, you will not:
Section 2. Abusing Charvi Associates Networks
Charvi Associates Networks and the Community work together to keep the site working properly and the Community safe.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to indefinitely suspend and/or cancel any accounts that are deemed unconfirmed, or whom we cannot verify individual or corporate identity.
Section 3. Fees and Services
Creating an Charvi Associates Client/Billing Account is free. However we do charge for using other services, such as website hosting, data protection services, etc.
When you sign up for services you have an opportunity to review the fees and accept the fees that you will be charged based on our current fee schedule, which may change from time to time.
Changes to policy are effective after we provide you with at least fourteen days notice by posting the changes on our website.
We may choose to temporarily change the fees of our services for promotional events or new services, and such changes are effective when we post the promotional event and for the specified duration only.
Unless otherwise stated, all fees are quoted in Indian Rupees & United States Dollars (USD). You are responsible for paying all fees and applicable taxes associated with the site in a timely manner with a valid payment method.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.
Members who are on contract terms with us and have overdue or suspended accounts are responsible for all early termination penalties as a result of termination due to delinquent status.
All Paid accounts are setup on a pre-pay basis. Setup fees are charged for all new account (unless otherwise stated) and are non-refundable.
All prices are guaranteed for the term of pre-payment or the contract term specified at setup.
Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation at Charvi Associates Discretion. After such time services may be terminated, removed or suspended from Charvi Associates servers by Charvi Associates with or without notice, and all the information contained within deleted permanently. Charvi Associates accepts no liability for information or content that is deleted due to an invalid payment method or where payments are past due on the specific account.
We require at least 30 days notice to cancel any services not on a contract term; cancellations that do not give 30 days notice, will still be subject to any fees for the next billing cycle where notification was not given.
Payments made to Charvi Associates are non-refundable, in the event of a dispute or adjustment in services, customers will receive a credit at Charvi Associates Discretion, deposited into their Charvi Associates Billing Account
Charvi Associates will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. Your account will automatically renew at this length. There is no fee to change your billing cycle. Any account that is not brought current prior to deactivation will be charged a $35.00 administration fee as well as a late charge of 5% per month, per domain deactivated.
If on a contract term your account will renew at the length in which your account was suspended for.
Fees for Inactive Accounts –
It costs Charvi Associates to maintain our user database which stores your valuable account information, sometimes customers wish to have their billing accounts remain open even after service has been cancelled or during a vacation suspend.
Please keep in mind, if you’re billing account is active; there is no fee for maintaining a billing account with Charvi Associates. However; if your account, weather active with service, cancelled or on vacation suspend is deemed inactive after 180 days, your account will be subject to a $10 monthly account maintenance fee.
Below is your current prescribed rate for account maintenance:
Account Maintenance fee for Active Accounts: $0.00
* Fees subject to change with (30) Thirty days notice
Fees for Vacation Suspend Accounts
You may suspend your service, weather on month-to-month contract or Contract Term for a period of up to 6 months per year.
Please be advised: If you are on contract term, vacation suspend will automatically increase your term by the number of months suspended.
You may also request an additional 6 month suspension over and above your 6 months allowed in any given calendar month, however it is subject to management approval as well, your account will also be subject to inactive account maintenance fees.
Below is your current prescribed rate for our Vacation Service Suspend:
Vacation Service Suspend Fee $19.95
* Fees subject to change with (30) Thirty days notice
Section 4. Overdue Accounts
You expressly understand and agree that all payments for services are due on the due date. Failure to make payment by 11:59PM on the due date will result in a flat fee penalty (as liquidated damages) of $10. If your account remains overdue past 11:59PM on the 14th day of the month your account will be subject to a further penalty based on a percentage which is calculated against the overdue balance.
If your account continues to be delinquent we reserve the right to suspend or terminate your account at any time without notice to you. You also understand and agree that you will not hold Charvi Associates responsible for any lost data as a result of an account termination for delinquency.
If your account is terminated on a month-to-month term, there is no termination penalty; however you will be responsible for any amounts owing to Charvi Associates. Any amounts owing after 90 days will be forwarded to a third party collection agency.
If your account is terminated on a contract term, you understand and agree you will be responsible for any penalties owing for early termination as well as any amounts owing to Charvi Associates.
Section 5. Seizure of Domain Ownership.
You expressly understand and agree that any domains registered by you in your name using our registration service may be seized without notice to you by Charvi Associates as collateral for any overdue amounts owed to Charvi Associates IF your account remains overdue past ten (10) days, or as a result of a failure to meet your contractual obligations with Charvi Associates.
You understand that in the event your account is past due ten (10) days your domain ownership will be seized by Charvi Associates and will immediately be transferred to the “Charvi Associates Asset Collections Department”. At which time the domain will be held by us for a period of thirty (30) days; if your account still remains delinquent after the holding period, Charvi Associates will consider the Seizure permanent, and the domain may be sold by Charvi Associates to offset any costs written off as a result of the delinquency.
In the event the domain is unsold after the holding period, you may contact the Asset Collections Department and request to purchase the domain from Charvi Associates for the fee of $125.00 as well as any written-off amounts due to Charvi Associates.
Section 6. COMMERCIAL ADVERTISING AND BULK EMAIL
Charvi Associates takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Charvi Associates may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of Charvi Associates may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Charvi Associates will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
Users who maintain email lists, or send emails to more than 10 recipients at a time, or send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Charvi Associates upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Charvi Associates will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following: (i) Use of Charvi Associates Network for the receipt of replies to unsolicited mass e-mail; (ii) Forgery of e-mail headers (“spoofing”); (iii) Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software; (iv) Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers); (v) Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”); (vi) Hosting web pages or providing services that support bulk emailers or SPAM; (vii) Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages; (viii) configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails; (ix) use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails.
SPAM Complaint Processing fees - A service fee of $50 per spam complaint will be applied for SPAM complaints that are processed by or sent to Charvi Associates as a result of violations of these Terms of Service. A service fee of $125/hour will apply for investigation and corrective work performed by Charvi Associates to resolve SPAM violations.
IP Blacklisting Removal Fees If, as a result of a Customer's actions, Charvi Associates's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Charvi Associates shall charge Customer $250 upfront and $125 per hour thereafter for any necessary investigation and corrective work.
ACCEPTABLE USE POLICY
General Statement: Charvi Associates's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Charvi Associates expects of them while using a product or service. All users of Charvi Associates's products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on Charvi Associates's products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in (i) Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code, (ii) Unsolicited Email 'SPAM' to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted; (iii) Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties; (iv) UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the Charvi Associates network or unrelated third party networks; (v) Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services; (vi) Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities; (vii) Child Pornography; (viii) Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses; (ix) Fraudulent activities; (x) Denial of Service (DOS and DDOS); (xi) Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind; (xii) Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities; (xiii) Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense; (xiv) Ping bots, network scanning programs, automated network intrusion programs, IRC 'Internet Relay Chat' related applications or software, or anonymous proxy services.
Section 7. Web Content Storage & Internet Link
Charvi Associates agrees to store actively paying clients Web Site(s) on the Charvi Associates Network of servers. The parties expressly recognize that the Internet servers, equipment and telecommunications links are susceptible to crashes and down time. Charvi Associates warrants that it shall use its best efforts to maintain a consistent link with the Internet, but cannot and does not warrant that it shall maintain a continuous and uninterrupted link.
Section 8. Bandwidth
Charvi Associates does not guarantee any specific response rate or download/upload time. Charvi Associates will make best efforts to ensure that there is sufficient bandwidth available to meet all Clients' bandwidth needs.
Section 9. Liability
You will not hold Charvi Associates responsible for other users’ actions of inactions, including things they post. You acknowledge that Charvi Associates is a venue and we allow anyone to host anything, at anytime, from anywhere.
Except for any warranties recited in this User Agreement, Charvi Associates disclaims all other warranties including, but not limited to, any express or implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, non-infringement and title. Charvi Associates shall not be liable for delays or defaults in furnishing goods or services hereunder, including, but not limited to: acts of God or of a public enemy; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes, and; causes beyond the control of Charvi Associates in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.
Section 10. IP Address Assignment, Rights and Usage Requirements and Recovery Surcharges
You understand and agree that IP addresses assigned to your account remain the property of Charvi Associates and by using the assigned IP address it does not grant you rights to the specific IP address.
Charvi Associates does not guarantee any specific response rate or download/upload time. Charvi Associates will make best efforts to ensure that there is sufficient data throughput rate available to meet its Clients' throughput needs. In order that the Charvi Associates can properly plan for its Clients' throughput needs, it is imperative that Client notifies the Service Provider of any expected significant increase or decrease in download traffic to its Web Site or Domain Name. If Client is expected to generate a significantly larger than average number of visitors / downloads for any reason it is the Client's responsibility to notify Charvi Associates. If Client does not make efforts to notify the Service Provider of throughput needs in advance, it may be necessary for Charvi Associates to set limits on the number of visitors the servers will process for the Client in order to protect Charvi Associates other client interests.
Section 12. Network Maintenance & Performance Upgrades
Charvi Associates may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of Charvi Associates systems. However, the Charvi Associates shall provide prior notice where it is reasonably practical under the circumstances, and Charvi Associates shall restore service as soon as it is reasonably practical. Client shall not be entitled to any setoff, discount, refund or other credit.
Section 13. Breach of Term Contracts & Commitments
If you made a commitment as part of a promotional or plan benefit (such as an equipment upgrade, a free month of service, free installation, a rebate, or other incentive), unless otherwise specified in the offer you received, your commitment begins on the earlier of the day that you use the new equipment or accept the promotion or benefit. We will disclose the length of the commitment or contract as part of the promotion or plan.
You are permitted to cancel your plan prior to the end date of your commitment, however in most instances an early termination fee will apply.
Section 14. Data Backup, Loss, Risk & Unauthorized Access
Charvi Associates is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from Charvi Associates Networks' failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
Charvi Associates is not responsible for maintaining working backup copies of data that is stored on any of our services through our wide array or available services, as such Charvi Associates cannot be held liable for data loss of any kind and we suggest that data of any importance is frequently backed up.
Section 15. Prohibited Uses of Unlimited Traffic Feature
Charvi Associates customers are privileged to be offered from time to time unlimited traffic for all their web sites. The intention of Charvi Associates is to provide a large space to serve web documents without strict limitations, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Charvi Associates Server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Charvi Associates. Any customer who violates Charvi Associates Policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages at $0.05/MB/per Month and may face temporary or indefinite suspension.
Section 16. International Transaction outside of the India (Repealed)
The fees policy related to transactions originating outside the india has been repealed. No International Transaction Fees will apply for accounts regardless of where in the world the member is located. We still however encourage our users to register on their regional Charvi Associates site if available. If we find a user registering on another Charvi Associates site for the sole purpose of avoiding sanctions, embargos or sales tax. We will reserve the right to suspend the member and/or report them to the appropriate authorities.
Section 17. Copyright Infringement
Written notification must be submitted to the following Designated Agent:
Notification of Claimed Infringement must include the following:
Section 18. Indemnity
You agree to defend, indemnify and hold Charvi Associates, its affiliates, Sponsors, Suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account:
a. violation of the User Agreement;
b. use of the Website or any of the Services;
c. placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.
Section 19. No Warranty
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states to not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Section 20. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CHARVI ASSOCIATES, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER CHARVI ASSOCIATES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
Section 21. Resolution of Disputes
If a dispute arises between you and Charvi Associates, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Charvi Associates agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Beawar, india as they apply to agreements entered into and to be performed entirely within Beawar between Beawar residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Charvi Associates must be resolved by a court located in Beawar, India, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Beawar, India, for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $100 or Rs. 5000/- the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Charvi Associates must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Charvi Associates may recover attorneys' fees and costs up to $100, provided that Charvi Associates has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Section 22. Additional Terms
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:
Prohibited and Infringing Content Overview:
Before you list content on your website that you feel may be in violation of our policies, we recommend you review our User Agreement.
As a Charvi Associates user, you are ultimately responsible for making sure that the content you are posting is legal in the eyes of the law.
The following content is a partial list of prohibited from being hosted on the Charvi Associates:
Violations of this policy may result in a range of actions, including:
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Section 23. General
Charvi Associates is located at 12, K. Sudama Complex, Chang Gate, Beawar-305901 (India).
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Charvi Associates is committed to the privacy of our clients. Information collected from clients for some administrative or any other purpose is not disclosed to any outside party for any reason.
From time to time we receive inquiries for examples of sites hosted by our service. If you would like to have your site available for such use, please contact us. No information other than your sitename will be provided to the individual making the inquiry. Personal information that may be displayed on the client site is the responsibility of the client.