Birbals provides web
hosting to clients worldwide, and we have a responsibility to protect each
client and to provide the best services available. All clients of Ebirbals.com
are subject to the following terms of service.
PAYMENTS & MONEY BACK GUARANTEE:
We accept Demand
Draft, Paypal, Western Union money Transfer, credit cards only.
WEB HOSTING PLANS:
All Web Hosting and Ecommerce Web Hosting plans include a 30-day money-back
guarantee. If you are dissatisfied with your service for any reason, you will
receive a full refund (minus set-up fees and overage charges) if you cancel your
account within 30 days of account activation.[ Accounts cancelled/terminated by
Ebirbals.com for violation of Terms of Use do not qualify for the 30-day money
back guarantee. For example, if your account is cancelled due to spamming, you
will not be given any refund.]
RESELLER PLANS:
Hosting plans include a 14-day money-back guarantee. If you are dissatisfied
with your service for any reason, you will receive a full refund (minus set-up
fees and overage charges) if you cancel your account within 14 days of account
activation.[ Accounts cancelled/terminated by Ebirbals.com for violation of
Terms of Use do not qualify for the 30-day money back guarantee. For example, if
your account is cancelled due to spamming, you will not be given any refund.]
ACCOUNT
CANCELLATION:
All requests for canceling any service / services must be sent to
admin@Ebirbals.com with reason for cancel account. We do not take any fees for
remove your accounts.
UPTIME GUARANTEE:
All Packages Include
99% uptime guarantee. But Guarantee credit does not cover server hardware
failures, Scheduled downtime, A Network Outages.
SERVER HARDWARE FOR DEDICATED SERVERS:
Hardware replacement will occur within 8 hours of the reported problem,
Ebirbals.com will refund 5% of the monthly fee per additional 8 hours of down
time (up to 100% of customer's monthly fee). In order to reduce replacement
hardware downtime, we keep a small quantity of pre-built systems on hand to swap
out Hard disks, so that your server can be back up in the shortest amount of
time. For Hard disk failures, we keep pre-installed drives with our standard
partitioning for immediate deployment. In order to request an hardware violation
credit, you must email sales, within 10 days of reported violation, at:
sales@Ebirbals.com . violations will be reviewed by our personnel Monday -
Friday 9AM to 5PM . *Hardware violations do not cover network violation*
Ebirbals.com not
responsible for the restoration of data to server. We strongly recommend that
your purchase backup options for your server, and keep copies of your data
off-site with you for emergency purposes. If hardware failure and data loss
occurs, you the client are responsible for data restoration. Ebirbals.com shall
not be liable for loss of data under any circumstance.
ACCEPTABLE USE
POLICY:
All services provided by Ebirbals.com may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any Federal, 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 Ebirbals.com 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.
Pornography is
prohibited on all Ebirbals.com servers This includes sites that include sexually
explicit or hardcore images and/or advertising. We do not have a problem with
sites of an adult nature, but we do not allow pornographic sites. If you think
your site may violate our Terms Of Service, please ask us before signing up for
an account so that we may determine if we can host your site. Ebirbals.com
reserves the right to determine what is and what isn't acceptable for our
servers.
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 unauthorized 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. We do not host adult content of any description. Content relating to
Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be
hosted if you are the writer and copyright owner of the software. Audio and
video downloads will not be hosted on our servers. There are no exceptions.
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. Accounts suspended due to content or AUP violation are not
refunded under any circumstances.
COMMERCIAL ADVERTISING - EMAIL:
Our servers may not be the source, intermediary, or destination address involved
in the transmission of spam, flames, or mail bombs. Your domain may not be
referenced as originator, intermediary, or reply-to address in any of the above.
SPAM /illegal content advertising sites on other servers which in turn contain
links to a domain on our servers is prohibited. We consider spam any mass
unsolicited message in the mediums of Newsgroups and Email. If you are found to
have spammed, then we will immediately, without warning, disable your domain. We
reserve the right to refuse or cancel service to known spammers. Lastly, we
reserve the right to determine what violates this policy. As such, any violation
will result in immediate deactivation of services without refund. Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited.
SECURITY:
Violations of system or network security are prohibited and may result in
criminal and civil liability. Examples include but are not limited to the
following: unauthorized access, use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference with service to any
user, host, or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of any
TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
SERVER RESOURCES:*
Any web site that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources) will be given the
option to either pay additional fees (which will depend on the resources
required), reduce the resources used to an acceptable level, or upgrade its
service to a Dedicated Server plan. Ebirbals.com shall be the sole arbiter of
what is considered to be a high server usage level. Any web hosting account
deemed to be adversely affecting server performance or network integrity will be
shut down without prior notice.
CGI SCRIPTS:*
CGI script sharing with domains not hosted by Ebirbals.com is not permitted.
Any CGI-scripts deemed to be adversely affecting server performance or network
integrity will be shut down without prior notice. If you are going To use CGI
Please contact us because use it.
Chat Rooms*
Ebirbals.com does not allow customers to install their own chat rooms. Chat
rooms tend to require significant system resources and therefore cannot be
permitted as an account option. However, Ebirbals.com provides Java chat rooms
that meet most users' needs and run without hindering system performance. If you
Going To use Chat rooms Please contact us before use it.
Background Running
Programs and Cron Jobs*
Ebirbals.com may allow programs to run in the background. These programs will be
considered on an individual basis and customers will incur extra charges based
on system resources used and operational maintenance needed. If you wish to run
background programs please contact Ebirbals.com at support@ebirbals.com so that
we can arrange set-up.
ICQ:
Ebirbals.com does not allow IRC or IRC bots to be operated on our servers.
FREE WEB HOSTING:*
We Do Not Allow To Offer Free Web Hosting On Our Reseller Plans.
ACCOUNT CREATION
LIMIT:*
such as, but not limited to Create Unlimited Domains But We Do Not allow to
create under 5MB Accounts. But You Can use 5MB Account For own use ,But Not
Allow To Resell.
FORMMAIL:
Due to known security issues with all versions of Matt Wright's FORMMAIL
form-to-e-mail script we do not allow it. We do provide a version in the system
wide Cgi-bin that works exactly the same and doesn't have the security issues.
SERVER ABUSE:
Any attempts to undermine or cause harm to a Ebirbals.com server or customer are
strictly prohibited.
SOFTWARE
DISTRIBUTION:*
Platinum Online's shared web hosting accounts are not configured for the
purposes of distributing software and/or multimedia products. If you wish to
distribute software and/or multimedia files, please contact sales@Ebirbals.com
to make special arrangements.
MULTIMEDIA FILES:*
Multimedia files are defined as any graphics, audio, and video files.
Ebirbals.com shared web hosting accounts are not to be used for the purposes of
distributing and storing unusual amounts of multimedia files. Any web site whose
disk space usage for storing multimedia files exceeds 70% of its total usage, in
terms of total size or number of files, will be considered to be using an
unusual amount of multimedia files.
DATABASES:*
Any database stored on Platinum Online's servers shall be limited in size to
10% of the total disk space allotted for that particular domain's plan/web
hosting account.
LIMITATION OF
LIABILITY:
Ebirbals.com shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Ebirbals.com servers
going off-line or being unavailable for any reason whatsoever. Furthermore,
Ebirbals.com 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 Ebirbals.com servers. All damages shall be limited
to the immediate termination of service. Violations of these Acceptable Uses
Policies should be referred to abuse@ebirbals.com. All complaints will be
investigated promptly.
DISCLAIMER:
Ebirbals.com 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
Ebirbals.com are resold. Thus, certain equipment, routing, software, and
programming used by Ebirbals.com are not directly owned or written by
Ebirbals.com. Moreover, Ebirbals.com 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
Ebirbals.com sees fit. FURTHERMORE, Ebirbals.com retains the right to change any
or all of the above Policies, Guidelines, and Disclaimer without notification.