Terms of Services

Payment Contract for All Clients, Resellers and Business Associates

Privacy Policy

No information submitted by a buyer/customer/client will be used for any other purpose than to complete a transaction or address a customer service concern.

We do not sell your personal information data to any third parties however VMaxindia.com and its sister business firms may send you timely newsletters related to industry updates, technical updates, internet marketing, SEO, other online tools or latest webmaster related online/offline softwares.


1. Definitions: As used in this Agreement, the following terms have the following meanings:

Preliminaries: VMax Solutions (Hereinafter called VMax), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract “the Agreement”, “AUP” “Service Contract” is to specify the terms, conditions, and obligations which a customer agrees to accept by the his, her or its conduct of using the Services of VMax for the registration and renewal of the registration of a domain name, or by opening an account for any of its services with VMax for such purpose.

a: “you”,”your”, “customer” and “Subscriber” refer to each customer, that is, each person who avails or subscribes for any of Services from VMax. or www.VMaxindia.com and its websites (www.laconiccreations.com, www.smssolutions.in, www.livechatsolutions.in, www.bulkmailsolutions.in )

b:“Services” refers to the domain services, shared hosting services, dedicated servers, or provided by us as offered through VMax.

c:“Account” means a wholesale account opened with VMax for the registration of domain names and the payment for such registrations; and


2. The Agreement: This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with M/s. VMax e-Solutions India Pvt Ltd. or by using any Services under this Agreement you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on VMax’s servers. Also VMax reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when VMax decides that the account has been inappropriately used or otherwise.


User Conduct

Customer Content:
Customer acknowledges that VMax exercises no control whatsoever over the content of the information passing through Customer’s site (s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Rules and Regulations.


Prohibited Activities:
Customer will not, and will not permit any persons (“Users”) using Customer’s online facilities and/or services, including, but not limited to, Customer’s Web site (s) and transmission capabilities, to do any of the following (“Prohibited Activities”)


The following constitute Prohibited Activities of Service Agreement: :

1. Illegal use: VMax’s services may not be used for illegal purposes, or in support of illegal activities. VMax reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of the VMax’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of the VMax’s service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of the VMax’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of VMax’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the VMax’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending VMax’s account.

8. E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending VMax’s account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the VMax’s service is in violation of this Service Contract.

10. Usenet Spamming: VMax has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of the VMax’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of VMax ‘s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Subscribers account is subject to immediate termination.

12. Copyrights Reserved to VMax or trademark infringement: Use of the VMax’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of the VMax’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network disruptions and unfriendly activity: Use of the VMax’s service for any activity which affects the ability of other people or systems to use VMax’s Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. VMax will not tolerate any Customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

17. Using web space for file storage purpose.

18. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

19. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using VMax’s services could result in suspension service.

20. Third Party Accountability: VMax’s Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Service Agreements.

21. Users on shared or reseller hosting accounts may not use 5% or more of system resources for longer then 90 seconds in case used, may lead to suspend your account immediately to prevent system harms due to making overload on server just because of one customer account or domain.

22. Shared hosting ,reseller hosting or VPS customers are not allowed to do excessive consumption of system resources, including disk space, disk i/o, CPU time, memory & session time. You are not allowed to use resource-intensive programs which negatively impact other customers hosted on our shared hosting server or the performances of VMax systems or networks. VMax reserves the right to terminate or limit such activities.

23. Shared hosting customers are not allowed to use our web hosting servers for sending bulk mailing/newsletters.

24. Adult Material : Customer agrees that he shall not , or/and shall not permit any person(s) to upload any adult or pornographic content on VMax hosting network. It includes all pornography, erotic images, or otherwise lewd or obscene content. It is absolutely forbidden to host pornographic content on the VMax web hosting network. Accounts found hosting this material will be subject to immediate cancellation without refund. The designation of “adult material” is left entirely to the discretion of VMax

25. Personation – Customer agrees that he shall not use any identity/email or contact information of other person to use any service of VMax for any kind of fraudulent act. VMax reserves that full rights to terminate the concerning account in that types of case.

26. For customers of shared / reseller hosting maximum allowed daily average system resources usages (including but not limited to CPU, RAM, MySQL) of more than 1% is not allowed, If any site do not follow such noted resource usage policies, VMax reserve right to suspend such web hosting account’s services.

27. Proxy websites and such usages of our web hosting services are prohibited.

28. Shared hosting or reseller hosting customers are not allowed to host mp3 files, video files, zip or other formats of compressed files, .exe, software installation files or executable files of software programmes on our shared web hosting servers.

29. File hosting websites or websites designed primarily for download contents or sharing files are not allowed in our shared / reseller hosting web space.

30. Use of Webmail shall be only for temporary storage of emails, we recommend customers to use pop3 email clients to download emails to their own computers.

31. Customers of shared hosting & reseller hosting are not allowed to have a cron job / schedule task with intervals of less than 60 minutes.

32. Customers of shared hosting & reseller hosting are not allowed to have more than 5 MySQL user connections at a time.

33. Customers of shared hosting & reseller hosting are not allowed to have more than 5 MSSQL user connections at a time.

34. Customers of shared hosting & reseller hosting are not allowed to have more than 5 Apache / IIS connections at a time.

35. Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

36. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

34. Customers of shared hosting & reseller hosting are not allowed to have usages of more than 50 outgoing emails per hour per domain name.

37. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by VMax customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any VMax – hosted domain, or referencing any VMax account, is prohibited.

38. Customer of shared and reseller hosting must agree that he/she shall not use more than 50Mb of RAM on any of VMax’s shared hosting server.


Conditions:

VMax reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian Governing law is prohibited.


The list of banned content includes, but is not limited to :-
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

Chat Rooms – VMax does not allow customers of shared hosting / reseller hosting to install chat rooms / live support application on VMax’s servers until they have their own VPS or dedicated servers with us.

IRC Hosts – Hosting host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.


Reseller: Client Responsibility

Resellers are responsible for supporting their clients. VMax does not provide support to our Reseller’s Clients. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. VMax will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.


Denial of Service: VMax reserve the right to refuse service to anyone at any time for any reason.

Control Panel Support :

Our staff members will not help customer(s) over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. Customers are expected to go through our Flash Tutorials as well as our knowledgebase to understand all features of respective control panels. Our support team will assist you with any of the functions which won’t work or if there’s any server side problems that needs to be sorted from VMax side. Customers may consider help from our knowledgebase articles area to get detailed information from knowledgebase area, however basic tasks that can be managed from the control panel is expected to be sorted from the client’s end only.

Customer will need to upload their website files & folders from their end using FTP software themselves. Databases should be uploaded from PHPMyAdmin or control panel area and sub accounts like FTP, Mailboxes, Sub-domains, Parked domains, etc should be setup from the client’s end only.


Refusal or Discontinuance of Service

VMax reserves the right to refuse or discontinue service to anyone at VMax’s sole discretion after giving a notice of 7 days. VMax may deny you access to all or part of the service without notice if you engage in any conduct or activities that VMax in its sole discretion believes violates any of the terms and conditions in this agreement. VMax shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that VMax has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. VMax reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.


Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources.

VMax provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in VMax’s web pages describing the package of Services purchased at the time of purchase. In some cases, VMax may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. VMax reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by VMax for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by VMax as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with VMax.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

VMax will monitor User’s use of bandwidth, disk usage and other resources. VMax, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in VMax’s sole and absolute discretion.


Unlimited Domains

Unlimited domains refers to subdomains, parked domains and add-on domains. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. VMax reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited subdomains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set by VMax for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by VMax as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with VMax.

If VMax takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If VMax learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, VMax may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. VMax will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but VMax does not take responsibility if e-mail notification(s) is not received by the User. VMax reserves the right to discontinue service for your account in the event that it exceeds the any such allotment.


Free Services With Domain Names:

VMax offers FREE Email Account, FREE Managed DNS, FREE Email Forwarding, FREE Domain Forwarding, FREE Privacy Protection only for domain names registered under Directi / Public Domain Registry as domain registrar and it is not applicable for any domain registered under UK2 Group as domain registrar. Also VMax reserve the right to discontinue or modify such free services offer with domain name registration anytime with/without prior notice which are given free with domain name registration, if any.


No Warranties

VMax makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given VMax or its employees shall create a warranty. VMax provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall VMax be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with VMax service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on VMax’s servers that such information becomes available to all Internet users and that VMax .has no way of limiting or restricting access to such information or protecting such information from Copyrights Reserved to VMaxinfringement. You assume total responsibility and risk for your use of VMax .’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through VMax .or on the Internet generally.


Identification Information

You attest that you are of legal age to enter into this Terms of Service. You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply VMax with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use


Regarding Domain Name Transfer

If you are going to place an order for domain name transfer to VMax then you need to know the rule set by ICANN that …In case you recently renewed your domain name from your current registrar then You shall wait for minimum 45 days from your recent renewal date with current registrar for that domain name only after that you shall place order of domain name transfer to VMax. If you do not wait for such time, you would loose the time you paid the old registrar for.


Regarding Ac Ownership & Support from VMax

A. Customer agrees that VMax reserves the rights to provide support services to account holder only and VMax will not be responsible/liable to provide any confidential information or support to anyone of account holder’s agent, successors, assigns or any other person.
B. Customer agrees that all hosting accounts at VMax are non-transferable.


Regarding re-activation / unsuspended of shared hosting ac (Disk Space or Resources Over usages):

In case your web hosting / reseller hosting account working on our shared web hosting server is auto suspended by control panel due to reason Disk Space Overusages or any other resources overusages VMax will not be responsible for any loss and damages or compensation for such concerning suspended domain name’s web hosting account or concerning web hosting account. In such case where custmomer’s web hosting account is auto suspended by control panel for such overusages, Customer is required to think to upgrade their such existing web hosting ac to any higher resources allowed package for having a technical solution for any such disk space overusages issue, if required or otherwise VMax will not be able to continue such web hosting ac which is working with more disk disk space or any other system resources quota as compared to purchased package by the customer and thus will not be responsible for any loss and damages or compensation for such concerning suspended domain name’s web hosting account or concerning web hosting account.


Total Disk Space on Windows shared hosting server = Files, Folders, Email Acs, Databases, Log Files, Backup Files etc.

Customer are required and responsible to make sure that their web hosting account is having sufficient free web space for weekly backup files which are auto generated by Plesk control panel of windows web hosting server.

Responsibility for Content

You, as VMax’s customer, are solely responsible for the content stored on and served by your hosting account or domain name or related services with VMax.


No Interference with Operation of System

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other Subscriber. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by VMax ., including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at VMax You agree to abide by any and all future VMax .policy decisions.


Value Added Services (Recurring System admin level task required to be performed):

In case customer do have any shared web hosting or reseller hosting ac and they have any requirement where they do require system admin level “recurring” tasks to be performed for customer, then there may be additional fee required to be paid by customer for such value added services, in addition to subscription fee of such web hosting account in case customer do have any such requirement where they do required system admin level operation on recurring basis to be performed. This is to maintain the quality of services and support for the shared hosting or reseller hosting services to not to have overload of such recurring requests of such system admin level operation, if any. VMax will decide such charges depending upon the request and technical complexity of the recurring request and will tell customer such charges for such value added services if any required to be paid, prior to performing such operation for customer, if any.


Security

You agree that the security of your account is solely your own responsibility. Customer understands that Internet and other various networking communication medium are not secure, unless explicitly specified as such, and may be subjected to interception or loss VMax makes no warranties of any kind, either express, implied or statutory concerning the data or information available through the VMax network. In no event will VMax be liable to the customer for any indirect, incidental or consequential damages arising out of the services or any products provided under this agreement, even if the company has been advised of the possibility of such damages.


You further agree that if you believe the security of your account has been compromised in any way, you will notify VMax immediately by telephone at +91 (040) 8885500036. And in writing by registered mail return receipt requested to VMax e-Solutions India Pvt Ltd, Flat no 104, Sri Tirumala Towers, Chinna Thokatta, New Bowenpally, Hyderabad, India. Postal Code: 500011. You shall be held fully responsible for any misuse or compromise to your account for which VMax is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, VMax has the right to suspend access to the account pending an investigation and resolution. You also agree that VMax has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

Backup of Data

VMax will make every reasonable effort to protect and backup data for client on a regular basis, however VMax does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Any backup copy maintained by VMax will not have any media file included in it. Your use of the technical service is at your sole risk. VMax is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VMax servers.


Regarding additional contact details:

VMax provides service and support to billing account holder email id as well as sub-accounts added by billing ac holder under their mail billing ac. Any customer can add more required sub-accounts to their main billing ac’s client area with VMax if required, however if any customer added any sub-account in their billing contact details this will be at sole risk of the main billing account holder and VMax will not be responsible for any loss or damages or any other issues related if any occur due to communication with sub-account of VMax and such main billing ac holder will be fully responsible to their sub-accounts communication as well as sub-accounts management (create, edit or delete) with VMax. To ensure optimal security it is highly recommended to customers to not to add or create sub accounts so that all communication can be with the main billing account holder only with us.


Regarding Domain Registration with Sub-Account Details:

If any customer places a order for domain registration with any other persons contact details on VMax website(s) then VMax will register such domain name with provided contact details at time of placing the order by the customer’s side and will do provide all required support and service to such person if any such person contact VMax for any kind of service and support. The main billing ac holder will be fully responsible for any loss or damages or any dispute or any other issues if occurs due to any such communication with such contact details person under which the domain name was registered with VMax, thus if required customers must not place any order with anybody other’s contact information in order to not to have communication related issues and in order to ensure optimal security.


SMS Updates

You must agree to inform VMax with your latest updated mobile number. VMax will be sending timely sms alerts to you as you are subscribed to VMax services / products and that sms service alerts are related to your services or any important update / offer from VMax. VMax may also send any sms service alerts related to its new products/offers or any such other important updates which VMax think to share to its customers. VMax is sending these auto generated sms service alerts at no additional cost for customer’s convenience and to keep them updated only.

In any case if you wants to unsubscribe from free sms service alerts service then please send a email to support@VMaxindia.com from your valid billing ac holder email id with us so that we can add your mobile number to “ DONOT SEND AUTO GENERATED SMS” list.

VMax will not be responsible to compensate any loss or claims due to sms service alerts failure. VMax reserves the right to withdraw this sms service alerts service anytime with or without any prior notice for all or any specific customer’s ac. These SMS Alerts are for informational purpose only.


Changes/ Modification/ Alternation of Shared Hosting Server Environment

Customer agree(s) that shared hosting server comes with standard technical features same for all customers website(s) hosted on our shared hosting server, thus if any customer ask to our support desk for any kind of specific request for addition or alternation or modification or changes to technical specification or feature(s) of our shared hosting server environment then such request(s) will not be entertained due to security as well as technical reason(s) since the same shared hosting server is being used by other customers website(s) as well hosted on the same shared hosting server. The M/s. VMax reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, or improve the Service time by time or impose any restriction or limitation in interest of maintaining quality policy in order to ensure quality services for all shared hosting users hosted on shared hosting servers.


Confidential Information

Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party’s business, plans, customers, technology, and products, and other information held in confidence by the other party (“Confidential Information”). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, VMax’s Technology, Customer Technology, and the terms and conditions of this Agreement. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party’s Confidential Information and will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect its own Confidential Information.


Exceptions:

Information will not be deemed Confidential Information hereunder if such information:
(i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;
(ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;
(iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or
(iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure.


Payment

All renewal payments of web hosting or domain name or any other recurring service/product, if any required to be made in advance to next due date of such service/product in order to have continued services. If in case VMax donot get renewal payments timely then in such case VMax reserves the right to suspend / terminate any services or web hosting account or domain name with or without prior notice. VMax will not be responsible for any loss and damages or compensation for such suspend / termination case.

VMax reserves the right to impose a re-activation fee for those accounts which have been suspended due to reason non-payment of bills exceeded more than 3 days.

You have to Inform Our Billing Team if you Transfer your Domains from any other domain name provider to VMax by Your control panel interface and If they are booked from Domain Registrar or Provider other then VMax before the date of expiry of that domain name so that we can include that domain also in our invoicing system so that u can have the invoice soft copy on time and you can pay for the renewals of such domain as well. We will not be responsible for Results if you fails to Inform us on Time.

Invoices will be generated and send via email only and you as a customer is responsible to keep your billing ac holder email id up to date so that you can have all invoices in soft copy format to your such billing ac holder email id with VMax on time. We will not be responsible for Results if you fails to Update You Email ID up to date on Time.

You agree to supply appropriate payment for the services received from VMax in advance of the time period during which such services are provided or as per the payment terms of the service opted for, whichever is applicable. You agree that all setup fees if any are non-refundable once setup is completed.

All payments have to be drawn in favor of VMax, payable at the location of the office of VMax from where the service is bought. VMax shall not be responsible for payments drawn in any other name or location.

Payments are accepted only in the form of crossed Demand Drafts, Cheques, Net banking, debit/credit cards via our partner payment gateway, or thru International Credit Cards via Paypal payment gateway.

Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the Clients obligations to make full payment.

VMax retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.

It shall be our endeavor to set-up the web hosting accounts, domain name(s) registration, reseller hosting account(s), vps server(s), dedicated server(s) with in 7 working days of the receipt of completed form along with the payment (realization). If however, there is a delay for any unforeseen circumstances, the clients are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.

You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non payment from your side for any of VMax ‘s services.

VMax reserves the right to Accept or Decline any Services / Service’s payments according to its choice, Geographic origins and Past Work Experience. If your services is declined in such matter by VMax your full refund will be issued by VMax within 7 Business days.

If customer made any payments for any renewal of their existing web hosting/ domain name or any other service then they are advised to forward the copy of their payment receipts to support@VMaxindia.com manually so that our support department can do the necessary action of renewal of the domain name / hosting or any other such service renewals. Also with this customer can even get benefit to double confirm that their renewal are been made on time as per their payments to VMax.

Customers have to place order for any domain name registration from VMax’s billing area also known as client area only. Any order placed outside of VMax’s billing area such as from domain name control panel will not be acceptable reason being is this all of the orders have to be passed and come via billing area only where we have latest prices displayed for ordering any product / service/ domain name registration and also billing area is the place which generate invoices and give you choices also to make the payments. We donot accept any order if placed for domain name registration by any existing domain name control panel as that is outside billing area.

We donot accept payments sent from Unverified paypal accounts to VMax. If any payment comes from Unverified paypal accounts to VMax then VMax reserve the right to accept or Decline any Services / Service’s payments according to its choice. If your service is declined in such matter by VMax your full refund will be issued by VMax within 7 Business days.

We donot accept payments sent from Unverified paypal accounts to VMax. If any payment comes from Unverified paypal accounts to VMax then VMax reserve the right to accept or Decline any Services / Service’s payments according to its choice. If your service is declined in such matter by VMax your full refund will be issued by VMax within 7 Business days.

VMax process all order manually thus it may take few hours to few days time to have all orders manually processed depending upon various factors and VMax will not be responsible for any renewal related issue in case customer made the payments at emergency of last day or last week of expiry and customer shall be fully responsible for any kind of such related renewal or expiry related issues in order to ensure timely renewal customer must not wait for last date or last week of the expiry month instead for timely renewal they must make payments and renewal completed in advance instead of waiting for last date or last week. VMax will not be liable for any kind of losses, dominates or compensations related to any domain name or web hosting ac deletion.

Customer shall feel free to contact us at support@VMaxindia.com for any kind of any new order processing or renewal order processing related issues in case their renewal or new service or new purchase order is not processed due to any kind of reason for more than 72 hours from VMax side for any reason.


Refunds

Customer must agree that all of the refund request(s) (if any) will be processed as per terms & conditions of our refund policy as mentioned at click here


Prior Agreements

This agreement supersedes any written, electronic, or oral communication you may have had with VMax or any agent or representative thereof, and constitutes the complete and total agreement between the parties.


Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.


Regarding India & Universal Governing Laws:

Your Account will be Terminate Immediately In Following Strictly Prohibited Cases without any Notice or Further Support and Help:


No person will be allowed to Write or Publish any Malicious or Objectionable Matter/Content which is Objectional, influenceful or affectful to the Unity, Prosperity and Constitution of India and have Malicious and Defamatory abuse or content to any of Indian and other Country Citizens.


No person will be allowed to use VMax’s services to do start or take participation in any Anti State work or abuse against India or any other Country and All Customers will be bound to the Liability against Major Universal Governing Laws.


In this Matter VMax will terminate immediately the subjected account and take proper action against the user which is necessary and according to Governing Laws.


Terms of Web Hosting Affiliate Programme:

1. Affiliates will get 5% commission for every successful paid new sign-up referred to VMax as tracked via the referral tracking link.
2. Affiliate commission will not be recurring commission so it will be paid for every successful paid new sign-up for first invoice term only.
3. Affiliate commission will be paid only for shared web hosting, reseller hosting only.
4. Affiliate commission will not be paid for ssl certificates, VPS hosting, Dedicated server, Email hosting, email marketing, dedicated ip or any other value added services or product/service addons.
5. New sign-ups via any affiliate must stay as a subscriber with VMax for minimum 90 days for getting commission added to the affiliate’s commission ac.
6. You can not refer yourself via affiliate link of your own affiliate account or your own any other billing account with VMax
7. Each referral must be a unique customer who has never been a VMax client before. 8. Affiliates are paid monthly via cheque to their postal address after minimum balance of Rs. 1500 is made in affiliate account.
9. Alternative to Point no. 8, once affiliate get commission of Rs. 1500 in his/her affiliate account he/she can have these funds transferred to his/her billing account with VMax, if required to use such affiliate commission with any service/ product renewal or other invoicing with VMax to utilize these funds, if required by affiliate.
10. If a referral changes their service plan within 120 days of their sign-up, the referral commission of the lower priced plan will be paid.
11. If a referral cancels or charge-backs, the affiliate will not be paid a referral commission.
12. In case VMax found any violation of our affiliate terms then VMax reserve the right to cancel such affiliate sale with/without prior notice from such affiliate account.
13. In the event of dispute, VMax’s decision shall be final.
14. VMax may modify or discontinue this program at any time with/without prior notice.
15. You’ll be completely responsible for the development, operations as well as maintaining of your website and also for all materials that are been shown on your website by you. We will not be responsible for any kind of web development, operations or maintenance of your website as well as for any kind of materials that is been shown on your website by you as an affiliate.
16. We do reserve right to immediately terminate or close your participation in our affiliate program in case we do believe you’ve engaged any one of the following activities:
(16.1)- Unsolicited mass e-mail marketing, IRC posts or any other type of spam, including but not limited to, newsgroups or email customers or violation of the anti-spamming policies of VMax or any state law.
(16.2)- Provide inaccurate or incomplete information to VMax including but not limited to your identity or identification, your postal address or any other related information
(16.3)- Make an effort to cheat, fraud or mislead us or internet users in any means
(16.4)- Misrepresent to the public the conditions and terms of our website(s) or your website(s)
(16.5)- Participate in any kind of popup advertisement network activities.
(16.6)- IFrames or redirection based usages of affiliate link must not be used unless you do have written permission by VMax on the same, sales made through hidden IFrames or redirections or Cookie Stuffing techniques is going to be considered invalid sales.

Terms of Service for Business Email hosting & Email Marketing Services:

This following Terms of Service explains our obligations to you, and explains your obligations to us, for Business Email hosting & Email Marketing Services. By using our Email hosting & Email Marketing Services, you have agreed to establish an account with us for such Email hosting & Email Marketing. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), These Terms of Service covers such use and the service sought or rendered. By opening an account with M/s. VMax or by using any Services you acknowledge that you have read, and you agree to be bound by all terms and conditions of these Terms of Service, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on VMax’s servers.


1. Service Terms

a. Description. The Service is proprietary to M/s. VMax and is protected by intellectual property laws and international intellectual property treaties. User’s access to the Service is licensed and not sold. Subject to [the timely payment of all Fees and] the terms and limitations set forth in this Agreement, M/s. VMax agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service (but not for service bureau, time-sharing, or similar services). The M/s. VMax reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, or improve the Service.


b. Accessibility. User must agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which M/s. VMax may undertake from time to time; or (iii) causes beyond the control of M/s. VMax or which are not foreseeable by M/s. VMax.


c. Equipment. User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for User’s use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.


2. Limitations

a. Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s passwords and all use or charges incurred from use of the Service with User’s passwords.


b. Privacy Policy. In an effort to address User’s privacy concerns, M/s. VMax has instituted a privacy policy (“Privacy Policy”), which may be found as noted above in this page of terms of service is incorporated herein by this reference. M/s. VMax reserves the right to change the Privacy Policy at any time. User acknowledges that it has read and understands the Privacy Policy and that User has the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern.


3. Intellectual Property

The intellectual property utilized in providing the Service is the valuable, confidential and copyrighted property of M/s. VMax. User may use the Service as permitted herein and may not otherwise modify, adapt, translate, or create derivative works based on the Service without the prior written consent of M/s. VMax. All trademarks, service marks and logos used on the website or through the Service are the trademarks, service marks or logos of their respective owners.


4. User Representations

User represents and warrants to M/s. VMax that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to M/s. VMax is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in Section 6; (d) User has provided and will maintain accurate and complete registration information with M/s. VMax , including, without limitation, User’s legal name, address and telephone number; and (e) User’s access to and/or use of the Service does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which User is or may be subject.


5. Prohibited Uses

User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction in India or universal governing laws and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (h) consume an unfair, unequal, or excessive amount of network or system resources including but not limited to; excessive SMTP usage, excessive IMAP usage, or use of a automated program to transmit large quantities of information; or (i) engage in any other activity deemed by the M/s. VMax to be in conflict with the spirit or intent of this Agreement.


6. Termination

This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior notice to M/s. VMax. This Agreement will terminate automatically without notice from M/s. VMax if User fails to comply with any provision of this Agreement. M/s. VMax reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User’s access to or use of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect M/s. VMax’s entitlement to any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on any portion of fees paid in connection with this Agreement.


7. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. M/S. VMAX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES M/S. VMAX MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. M/S. VMAX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.


8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL M/S. VMAX BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL M/S. VMAX ‘S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY USER TO M/S. VMAX HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.


M/S. VMAX IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICE. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE SERVICE AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY M/S. VMAX CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.


9. Indemnification

User agrees to indemnify, hold harmless and defend M/s. VMax , its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) User’s use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service by User or through User’s account, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section


10. SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)

SPAM and Unsolicited Commercial Email (UCE): M/s. VMax takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of M/s. VMax may not use or permit others to use our network to transact in UCE and SPAM. Customers of M/s. VMax may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us at our discretion will lead to termination of service.


You as a customer must agree that all of the renewals of business email hosting/ email marketing account are required to be paid in advance till 24th of your subscription cycle’s last expiry month for renewal, if you donot make renewal payments till 24th of your subscription cycle’s last expiry month for renewal of any business email hosting/email marketing account with us then it will be treated that you will be not required renewals anymore of your such email hosting/ email marketing account thus such business email hosting & email marketing accounts will be terminated on their next due date and VMax will not be responsible for any loss, data loss, backup, damages or compensation for such suspend / termination case. Thus in order to have timely renewal customers are required to make renewal payments till 24th of any business email hosting/email marketing subscription cycle’s last expiry month.


You must agree and responsible to inform VMax timely if your contact email address is updated as we send renewal and service notifications via emails only for customer acknowledgement. VMax will not be responsible to compensate for any loss or downtime if you are failed to inform VMax your correct and working email address.


You must agree and responsible to keep your website’s scripts / programme installed on your web hosting account upto date / updated. If you are running outdated / malfunction scripts you are taking the risk of allowing your account to be compromised and possible damage to the server. If we find an account that has been compromised we will suspend the account without any prior notice.


You must agree that you will place any new order from our official stores only viz. our billing area. VMax does not accept responsibility nor does take any order which is placed by Domain Control Panel and VMax will not be liable for entertaining that types of order’s which are placed by Domain control panel.


You must agree that VMax reserves the right to change any recurring prices at any time. You must agree to pay the charges according to our updated Charges Table and recurring amount. New prices will take effect from next due payment date for such product/ service which is already purchased by customer from VMax in past. If for any reason the payment does not arrive in time, the account is subject to suspension/deletion with/without prior notice.


Customer must agree that VMax reserve(s) the right and will be having sole authority to close any support ticket request by its sole decision in case VMax believe or found that concerning support ticket do have inappropriate, abusive communication or repetitive same query asked multiple time from customer’s side (for a same issue concern) to VMax. Customer must agree that he/she will always respect any kind of such decisions made by VMax side. Also customer must agree that VMax will not be responsible for any loss and damages or compensation if any occurred in any case(s) for such kind of action taken from VMax as mentioned above.


Customer(s) must agree and responsible to not use any abusive language or term in their emails, live support chat, tickets and telephonic conversation or any other communication mode which affects VMax and its customer support representatives dignity and respect. Failing in which so may cause a life ban from services of VMax and concerning customer all existing hosting and domain accounts will be permanently terminated without any prior notice. No assistance or reply will be given to those abusive emails, live support chat, tickets and telephonic conversation or any other communication mode. VMax will not be liable for any loss or damages, which will arise of those emails, live support chat, tickets and telephonic conversation or any other way of communication mode.


It is also acknowledged by customers of VMax that if customer paid us correctly on time but he got a due payment email / domain name deletion / expiry related notification email from our mail system then customer is advised to right away pass such copy of email to our billing department at support@VMaxindia.com so that our billing team can check / investigate it on time and and can give you reply/ suggestion accordingly. VMax will not be responsible for any loss/ damages due to ignorance of such unpaid message emails.


Free Domain Name Registration with Shared Hosting Package

We offered free domain name registration for few months period with our shared web hosting packages the offer discontinued from 28th September 2009. So now shared web hosting packages will have domain names registration as extra amount to be paid. Also if any customer who got any free domain name registered with web hosting package then their free domain name will be renewed even for free till they continue that existing web hosting package with VMax and this term (of free domain name renewal for free) would be applicable for only those web hosting packages which are booked till 28th Sep 2009 and which are also having their existing invoice of initial purchase with having domain name cost as Rs. 0.00 also in case any customer who got any web hosting package registered with VMax with free domain name don’t pay the amount of web hosting renewal on proper due date then VMax will not be responsible for any non-renewal / deletion of such free domain name on time. As the free domain name is free only till customer pay for the associated web hosting package’s charges before/on proper due dates.


We accept payments from credit cards via 2checkout.com which is our payment gateway and for paying us via credit card choose CREDIT CARD as a payment option at time of placing your order.


Customers are responsible to maintain all the backups of data and information uploaded on our web hosting servers under their web hosting accounts with VMax timely and VMax will not be responsible for any data loss or damages because of any technical faults.


The customer and VMax both agree that a court may strike out or override any part of these terms and conditions of it considers them to be illegal, unenforceable or unfair and in such cases enforce only the regarding terms and conditions as if the offending clause or clauses had never been contained in them.


Network Uptime Guarantee Exclusions

1. on rare occasions, the hardware in our Dedicated Server may need maintenance or replacement. VMax will do everything possible to minimize any downtime in these situations. Any downtime incurred as a result of this maintenance will not be counted towards our network Uptime Guarantee.
2. Scheduled Network Maintenance – occasionally network maintenance will be required. VMax will do everything possible to minimize and avoid downtime during this maintenance.
3. Hardware Maintenance – on rare occasions, the hardware in our Dedicated Server may need maintenance or replacement. VMax will do everything possible to minimize any downtime in these situations. Any downtime incurred as a result of this maintenance will not be counted towards our network uptime.
4. Software Maintenance – an important part of managing a dedicated server is keeping the software up to date. If you choose to have VMax to manage your server or shared web hosting account, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations or sometime only a quick server reboot can be there, but we cannot guarantee a specific amount of time in all situations.
Customer must agree that the techical service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the VMax & that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer/subscriber agrees that VMax shall not be liable even for its own negligence or human-errors for any damages arising from such causes beyond the direct and exclusive control of VMax. Customer/Subscriber further acknowledges that the VMax’s liability for its own negligence or human-errors may not in any event exceed an amount equivalent to charges paid by subscriber for services during the period in which such any kind of damages occurred, if any. In no event shall the VMax be liable for any special or consequential loss, compensation, damages, or injury other than charges paid by subscriber for services during such period.


Ticket, Live Chat & Phone Support

Our telephone & Live Chat support is available for sales support only. Phone and chat support would not at any point of time be available to render technical and support information to customers.


All clients of Shared Hosting would be allowed to create up to five (5) tickets per month basis and phone support up to 5 times. However, in case of managed Dedicated and VPS hosting clients there would be no limit on phone and ticket support.


No queries of technical and billing nature would be entertained by team on a Sales chat or Sales phone session. The timings for Sales and Technical chat would be 10:00 am to 7:00 pm (business working days). Any phone calls made to cross-functional departments (Sales etc) regarding billing or support queries would not be answered by these departments.


Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.


Customer must agree that VMax will be providing technical services related to its direct control only and will not be responsible for any 3rd party software or coding related issues or failures apart from this customers are also required to ensure that they donot send multiple tickets same time, instead they shall send one support ticket at a time once that resolved only after that they shall send any 2nd support ticket, if any. Customer must agree that they shall not send multiple support requests and no more than one support ticket at a time. This is required in order to ensure quality of the support services for all customers.


It may take few hours to few days time depending upon various factors for Technical support team at VMax to reply to the support ticket manually, however at VMax all tickets are replied in the order we receive the support requests oldest ticket are replied first compare to newer tickets thus customer must ensure to not to reply more than once to any support ticket at a time in order to ensure faster and accurate support instead of replying for more than one time to same support ticket.


In extension to above noted terms of service by purchasing a service or product offered by VMax customers must also agree for the following legal agreements:
Customer Master Agreement

This is the main Customer Master agreement that would apply to you as our Customer. Apart from this Master Agreement, the following Product Specific Agreements may also apply to you depending on the Products and Services you buy.


Registrar Registrant Agreement for Domain Names

This represents the Agreement between the Registrant (Owner) of a Domain Name and the Registrar. If you register a domain name through us, this Agreement will apply to the person whose information you filled in the Owner section during the Registration process


Customer Agreement for Domain Names

This represents an addendum to the Customer Master Agreement between yourself and us for Domain Registration


Customer Agreement for Web Services

This represents an addendum to the Customer Master Agreement between yourself and us for Domain / Mail Forwarding and Managed DNS


Customer Agreement for Digital Certificates

This represents the Customer Agreement for Digital Certificates


Customer Hosting Product Agreement

This represents the Customer Agreement for Hosting if customer purchase web hosting package having web hosting control panel at http://domains.VMaxindia.com


Jurisdiction

The laws of the Republic of India shall govern this agreement In any event of dispute the area of Jurisdiction would be Hyderabad only.


Changes to the TOS

VMax reserves the right to revise its policies/ terms of services at any time without notice and any party/client/customer/subscriber have no right to object on it.


Acknowledgement

By placing, hiring and continuing to maintain or place information at VMax’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.


In case of Violation of our Terms of Service:

In case of violation of our terms of service as noted on this page, VMax reserves the right in its sole reasonable discretion including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of such service account with or without prior notice. VMax will not be responsible for any loss and damages or compensation for such suspend / termination case.