Terms of usage – OctaBaz
This policy represents the Terms of Service in its entirety and will be applicable to all your transactions as a ‘Customer’ with ‘WebPundits.in’ as a whole. This policy supersedes any oral promises made by OctaBaz or its staff. If you as a customer have reached an agreement with any of OctaBaz’s official representatives, please make sure they are provided in writing; else they will not be considered valid.
‘We’, ‘Us’, ‘Provider’, ‘Company’ or ‘OctaBaz’ represent OctaBaz.com ‘You’, ‘Your’, ‘Client’, ‘Customer’ and ‘Member’ represent a person or entity who buys services from us.
The following activities are banned for use on all our servers and may not be run by any customer(s) unless there is a written permission from us to do so. These activities are banned since they are either illegal / harmful / malicious / increase server loads.
Any kind of IRC Bots
Proxy Servers / Websites
DDoS / DoS / Brute Force tools
Any kind of E-mail spamming tools like AMS or TurboMaiiler
Hosting of Game Servers
Hacking / Cracking / Carding
Any type of sniffers
Telnet or SSH Access Scripts
All versions of UBB (Ultimate Bulletin Boards)
Fake Login Pages
Resource hogging softwares which takes CPU more than 25%
Customers may not use our services for spamming activities / sending unsolicited emails / requests. If found doing so, we have the right to terminate customer account without any prior notification and no refund would be issued. Webpundits.in may ask the customer to prove that the user being e-mailed has opted-in to the mailing list.
Bandwidth Usage: All servers / accounts are provided with unmetered bandwidth limits as per the plans selected. Customers are requested to use these wisely. We reserve the right to review / amend / downgrade / upgrade / modify this allocation any time if we feel that this is affecting the server / network performance.
Memory Usage: We reserve the right to monitor the memory (RAM / Processor) performance of our servers at all the time. Ideal memory usage would be less than 1% of the server resources. We reserve the right to suspend services (temporarily or permanently) if we find that high memory consumption is affecting network performance.
All the contents stored on our server(s) by the customer(s) are at the sole risk of customer(s) and OctaBaz does not have any liability towards keeping the backups of such content. It is the responsibility of the customer to take regular backups of the content stored on the server(s).
Remote Desktop Accounts: Remote Desktop accounts are usually created within 1-24 hours of confirmation of payment; you can confirm this with our sales team before / after placing an order since it may get delayed at times due to server availability. If we anticipate a delay of more than 24 hours in delivering your accounts, we will pro-actively intimate you about it.
It is the duty of the customer to create their account(s) with unique and random passwords. Any account(s) found with illegal or irregular activity will be suspended immediately to protect other customer(s) and any potential losses that may arise out of actions of that hacked account. Please note that this is only a preventive measure. We also urge you to maintain the secrecy of your password and not to share it with anybody else.
You agree to indemnify, defend, and hold OctaBaz and its affiliates, founders, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto OctaBaz servers. Such liabilities may include, but are not limited to, those arising from the following:
a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy.
b) Any damage or destruction to OctaBaz equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees.
c) Any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by WebPundits.in gross negligence or willful misconduct.
d) Any other damage arising from your equipment or your business.
The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all WebPundits.in services.
During the course of providing services to a customer, OctaBaz may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, OctaBaz shall retain ownership of any IP address or addresses used by the customer under this agreement, and that OctaBaz reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Fees: OctaBaz charges the following fees where ever applicable. All such fees are subject to change with a 30 days notice. Not all fees are applicable to all accounts.
• Service Fee – This is the fee for your monthly services.
• Gateway Transaction Fees – We charge 6% fees on every invoice for payment processing as we accept a wide variety of payment methods.
OctaBaz reserves the right to alter, change, amend, or delete fees at its sole discretion. OctaBaz further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
OctaBaz reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. OctaBaz also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
Payment of Fees – OctaBaz accepts payment by PayPal, BitCoin, WebMoney, Payza, Perfect Money, Indian Net Banking and Paytm.
• Payment Obligations: Full payment is required in advance before service is established. We send out invoices that are due every pay period. You are given fourteen (14) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that WebPundits.in may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by due date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees.
• Renewals: Your account will be automatically renewed at the same time and fee structure unless you give written a notice to fourteen (14) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
Cancellations: All cancellation requests must be sent 5 (five) days before the due date of the invoice. If you do not raise a cancellation request and are not paying the invoice as well, the due date is the server expiration date. The server will be wiped of all data due to customer privacy. Data on the server will be retained only if a cancellation request is received well in time.
Payment Disputes and Chargebacks:
Customer agrees to contact our billing department and attempt to resolve any billing issues before filing a dispute / payment chargeback. The decision of the bank / payment processor will be final and binding once a payment dispute / chargeback is filed. OctaBaz will in no case overrule this decision.
OctaBaz may at its sole discretion place the customer account on temporary suspension until the charge-back / payment dispute is resolved.
WebPundits.in cannot be held liable for any indirect, incidental, punitive, disruptive or other consequential damages including but not limited to loss in profits, damages related to corruption or deletion of files / website contents, e-mail data and database contents arising out of or in relation to this agreement or your use or inability to use OctaBaz services due to any reason regardless of whether the customer is in contract or not even if we are informed / advised of any such possible damages in advance. In no event shall our maximum liability exceed the total amount paid by its customer for the services received during the prior 12 (twelve) months. Wherever the applicable local law does not allow the limitation of liability for consequential or incidental damages, we are liable to the extent permitted by law.
OctaBaz may at its sole discretion place a customer account under temporary suspension if the customer is found to violate any of the terms of service written herein depending on the nature of the violation. If found that the customer is committing an offense by violating some of the terms, we may at our sole discretion terminate the account permanently without any pro-rata refund and the account / server may also be wiped of all contents.
We urge our customers to abide by these terms and have a happy stay with WebPundits.in
Your rights under this agreement may be assigned to another party only upon prior notice and express approval by OctaBaz Any other attempted transfer or assignment of rights hereunder shall be null and void.
OctaBaz may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of OctaBaz partnership firm.
OctaBaz may, at its sole discretion, without any prior notice amend / modify this agreement from time to time as it may deem fit. Modified ToS will be placed on WebPundits.in website and those terms will come into force immediately for all existing and future customer(s). All previous terms would be superseded in such cases.
If the customer does not agree to any new terms – it is their responsibility to terminate the subscription. If the customer does not terminate their subscription within 15 (fifteen) days of the modification, then the continued use of the service(s) will mean that the customer has no objections to the amended terms of service.
All dedicated server clients of OctaBaz are subject to the following terms of service:
OctaBaz provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available.
You agree to use all OctaBaz services and facilities at your own risk. OctaBaz specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall OctaBaz be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold OctaBaz harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against Web Pundits, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Pundits against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with OctaBaz
OctaBaz reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from OctaBaz’s server. OctaBaz shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. For US Server which have 30TB bandwidth – If you use more than 30TB , overuses price will be 70$/TB, This will be billed at end of month. We may suspend 30TB servers after reaching the limit. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. We periodically send Payment Reminder Emails to all clients.
Invoice Unpaid Reminder : 14 days before the invoice due date.
First Overdue Reminder : 1 day after the invoice due date.
Second Overdue Reminder : 2 days after the invoice due date.
Third Overdue Reminder : 3 days after the invoice due date.
We block the account if not renewed after constant reminders.
2.1 FRAUD VERIFICATION REQUIRED:
All PayPal payments need to be sent manually.
* Choose Postal Address : No Physical Delivery Required *
* WE ACCEPT VERIFIED PAYPAL ACCOUNTS ONLY *
Client details provided to us (including email) MUST match with PayPal account Holder. Otherwise, Send us following Docs with your Order/Invoice Details to verify.sales@OctaBaz.com within 24 hours.
For PayPal Payments: A Valid ID Proof (Passport or License or National ID) of PayPal Account Holder You can also submit a support ticket and attach your document with the ticket. If you do NOT submit above documents within 24 hours, your order will be cancelled & payment will be refunded. We DO NOT STORE these documents and they are deleted immediately after your order verification.
All accounts are billed according to the dates they were first activated on. We generate all invoices 14 days before the due date. If you will not pay for service on your due date, your account will be suspended anytime after your due date. If you will not pay for service renewal in 24 hours after your due date, your account will be terminated. All data will get deleted and the server space will be re-used for some another client. We charge LATE FEES if you pay after 24 Hours. If you account/order is terminated or cancelled, you will need to make a fresh order.
All services provided by OctaBaz may be used for lawful purposes only. The laws of the Indian Government apply. Transmission, storage, or presentation of any information, data or material in violation of any Indian State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless OctaBaz and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
The following acts will be considered violations of the AUP:
includes, but are not limited to:
Using the service in any way which violates Indian, State, Local, or International law.
Transmitting copyrighted material without authorisation from the copyright holder
Violating export control regulations
Copyrighted media, without authority to distribute or display
File Storage/Image Hosting/File Repository/Streaming/Backup
Child pornography or kidnapping material
4.2 Malicious Activity
includes, but are not limited to:
Wilfully interfering with the regular operation of the Service
Attempting to access any unauthorised system or services
Hosting any deceptive material for the purposes of phishing
Running any password cracking software
Virus, Spyware, Malware, or other infectious material
Running root exploit kits against other servers
Distributing viruses, worms, or trojan horses
Forging or misrepresenting message headers in whole or in part
Threatening or encouraging bodily harm or destruction of property
Violating of the rights of privacy or publicity of an individual
4.3 Promotion of Illicit Activity
includes, but are not limited to:
Any activities prohibited by Indian, State, Local, or International law
Any activities which result in the spread of computer viruses or other damaging programs or data files
Any activity or Material protected by trade secret or other statute
Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
Terrorist propaganda, racist material, or bomb/weapon instructions
Hacking, Cracking programs or key generators
Circumvention of copyright or patent protection
Exposure of any trade secret
4.4 Unsolicited Bulk Electronic Mailing
includes, but are not limited to:
Transmitting any unsolicited commercial e-mail
Transmitting any unsolicited bulk e-mail
The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Indian, State, Local, and International laws governing the transmission of electronic mail.
4.5 Spaming and Related Activities
includes, but are not limited to:
Posting commercial, political, or advertising posts to public forums
Issuing unsolicited trackbacks for the purpose of promotion
Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
Consistent overuse of shared resources to the detriment of other Subscribers
Operating an open proxy server or using the Service as part of a proxy network
IRC and associated programs
Scripts commonly used for abuse, attacks, or flooding
Threatening, harassing, or obscene content
Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)
4.7 Insufficiently-Secure Administration
Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
Allowing an unauthorised third party to establish root access to Service provided by the Service Provider
Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
Operating an open mail relay
Operating an Internet Relay Chat (IRC) server
Denial of Service Attacks (DOS/DDOS)
Unnecessary Port Scans
Excessive CPU Load
Abusing Server Resources
The client make sure :
NOT to Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, https, etc.
NOT Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
NOT Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
NOT Run any software that interfaces with an IRC (Internet Relay Chat) network.
NOT Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
NOT Participate in any file-sharing/peer-to-peer activities
NOT Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
NOT Run cron entries with intervals of less than 15 minutes.
NOT Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“https://yourdomain.com/include.php”) use include(“include.php”)
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the our servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.
Websites Distributing Copyrighted Music, Games, Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
The following scripts and programs are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops/Scripts/Bots
Game Servers in Rdp ( Any Plan )
IP and Port spoofers/Scanners
Telnet or SSH Access Scripts
nph-proxy (and other scripts which operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
PHP/CGI Shells or Hacking Tools
FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
Image Hosting Scripts (e.g similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Anything that sends unsolicited/Junk/spam emails
4.10 Torrent Activities:
We NEVER allow any of our client to use public tracker for any kind of torrent activities including leeching, downloading or seeding etc. If some client use any public tracker, he does so on his own risk and he is solely responsible for it. We will immediately suspend such accounts if we get any kind of complaint regarding that torrent or IP or Account.
We provide Specialised hosting services and each service have some specific scripts that can be used with that service. e.g. RapidLeech Hosting : Only RapidLeech script is allowed. Any similar or any other type of script is STRICTLY NOT allowed. Similarly sBorg Hosting is bound to sBorg script, TFRL Hosting is bound to TorrentFlux B4rt and rapidleech script only. Seedbox Hosting is bound to ruTorrent/Transmission and Rapidleech.
Our Services DO NOT come with any kind of protection from DDoS or other net based attacks. You should harden your VPS/server security to get a basic protection against such attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.
1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.
2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.
3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.
We strictly DO NOT allow such activities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activities etc. If we found your services are involved in such activities, it will be suspended immediately and it may be closed permanently depending upon severity of the attack/issue.
Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $5 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receiving of Service Reactivation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client’s account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client’s account due to breach of ToS/AUP etc.
OctaBaz , may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;
Verbal abuse including but not limited to cursing, yelling, threatening, etc.
Ongoing disregard for warnings or notices
Consistent mistakes/errors/changes causing unnecessary workload
Spamming our email addresses, ticket systems, or servers
Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
Consistent late payments or responses
Issuing a chargeback or bouncing a payment
Continuous activation of problematic end-users
Activity which affects the service(s) of other clients
Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team
Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan
Your use of this service is at your sole risk. We don’t provide any kind of backups system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or 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 our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.
The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.
OctaBaz shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from OctaBaz servers going off-line or being unavailable for any reason whatsoever. Furthermore, OctaBaz shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of the OctaBaz servers. All damages shall be limited to the immediate termination of service.
OctaBaz cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Web Pundits are resold. Thus, certain equipment, routing, software, and programming used by OctaBaz are not directly owned or written by OctaBaz. Moreover, OctaBaz holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as OctaBaz sees fit. FURTHERMORE, OctaBaz retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don’t agree to these services, either don’t purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.