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Terms of use


Agreeing to ovmindia.com Acceptable use Policy and Terms of Conditions is mandatory for Hosting signing up or using our services. Please make sure you read everything. If you have any questions Contact Us at  copyright@ovmindia.com .


ovmindia.com 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 ovmindia.com are subject to the following terms of service:


Billing

All Payments To ovmindia.com (OVM INDIA) are Non-Refundable. However we may review it on need-be-basis.


Late Payments

All accounts are billed according to the dates they were first activated on. Accounts that are past due may be disabled on an individual need-be-basis solely at our discretion.


Domain Registration Fees are Non-Refundable

All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, canceled or transferred prior to the end of the registration term. Once a domain name is registered, it can not be altered, including spelling corrections.


Acceptable Use Policy

All services provided by ovmindia.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any India, 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. 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. (...more below)


Pornography is prohibited on all ovmindia.com servers

This includes sites that include sexually explicit or hardcore images and/or advertising. 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. ovmindia.com reserves the right to determine what is and what isn't acceptable for our servers. If child pedophiliac material (pedo hard pics) are found on user/customers account the account will be immediately deleted and the user will be fined.


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.


CONTROL PANEL

At the time of creating an account we will provide ftp account with user name and pass word to upload download your data from our server, for drive your web site. we will create your email id, database and additional ftp accounts upon request.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.


Banned Scripts

The following scripts 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 Proxy servers

•  Mail bombers

•  Anonymous mailers

•  IP spoofers

•  Port scanners

•  nph-proxy

•  UBB (Ultimate Bulletin Board, all versions)

•  Ikonboard, Yabb (all versions)


Ovm India has the rights to either suspend or terminate the website or move the website to another server without any notice if the website is found to cause huge load on the server and thus interrupting the normal functioning of the server or other websites.


Background Running Programs

Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.


IRC

We currently do not allow IRC or IRC bots to be operated on our servers.


Backup

ovmindia.com is not responsible for backups for MySql databases. Subscriber acknowledges that they will backup their own databases from the backup utility provided from their control panel. ovmindia.com will however do other backup's of websites, images, cgi-bin, mail, etc.


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. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $250 penalty for each spam policy violation. Penalty for subsequent violations will be higher. 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.


Indemnification

Customer agrees that it shall defend, indemnify, save and hold ovmindia.com (OVM INDIA) and it's associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ovmindia.com (OVM INDIA), 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 ovmindia.com (OVM INDIA) against liabilities arising out of;

•  any injury to person or property caused by any products sold or otherwise distributed in connection with ovmindia.com (OVM INDIA) servers;

•  any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and

•  copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.


LIMITATION OF LIABILITY

ovmindia.com (OVM INDIA) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ovmindia.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, ovmindia.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 ovmindia.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@ovmindia.com. All complaints will be investigated promptly.


DISCLAIMER

ovmindia.com (OVM INDIA) 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 ovmindia.com are resold. Thus, certain equipment, routing, software, and programming used by ovmindia.com are not directly owned or written by ovmindia.com. Moreover, ovmindia.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 ovmindia.com sees fit. FURTHERMORE, ovmindia.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.


TRUST CONDITION

At the time of creating an account, users should provide proper and correct information for contact details. Existing account holders should keep their details up to date.


An account which has invalid or non communicable details will be suspended till the user provides proper contact details. The account will be terminated, if OVM INDIA does not get proper response on such requests.

 

Acceptable Use Policy

OVM India, has a zero tolerance policy for spam, pornography, warez and harassment. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service.

By creating web site with us (OVM India), you accept these terms and conditions and acknowledge that your use of OVM India's services is subject to certain limitations set forth below. If you do not accept these terms, do not proceed when violating our Law.

1.OVM India will not be held responsible for the content of Web sites using our service. While OVM India might host user Web sites with or with out design, it does not verify, endorse, or otherwise take responsibility for the content of any user-created pages or there contents. However, we reserve the right to remove any account from our servers which we determine is violating our rules and guidelines.

2.OVM India may terminate user accounts at any time, without notice, for conduct that violates these guidelines or for any other reason.OVM India may terminate user accounts and delete any and all user information and data for conduct that OVM India believes is harmful to the business of OVM India or to any of its users or partners. The following is a nonexclusive list of content and behaviors that are UNACCEPTABLE to OVM India:

a. Content that contains or contains links to nudity, pornography, obscenity, adult content, sex, extreme violence, registered contents, copyrighted contents, logos, images or foul language.

b. Content or activity that condones, promotes, contains, or links to warez, cracking, hacking, phreaking or viruses and their associated utilities, or other piracy-related information, whether for educational purposes or not.

c. Content that has been promoted through the sending of unsolicited email (spamming), “bulk-mailing,” or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize OVM India’s resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.

d. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.

e. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.

f. Content that is defamatory or links to defamatory content of other sites.

g. Content that exploit images of children under 18 years of age.

h. Content that contains, links to, or participates in pyramid schemes, gambling, raffles, or lotteries.

i. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.

j. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information condoning or useful to facilitating terrorism, to destroy others' property, or to harm any people or animal, or information used to violate copyright protection.

k. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the technology; altering copyright notices and attributes (unless permitted in writing by the author/owner); and other similar practices.

3. OVM India’s services are intended for the end users only. Users cannot sublease, subhost, or give away control of any portion of OVM India's Internet resources.

4.OVM India reserves the right to amend or change these policies at any time without notice.

Agreement

THIS OVM India AGREEMENT ("Agreement") is made and entered into by and between You (website owner) and OVM India, (hereinafter referred to as “OVM India”). By using our services, you agree to abide by the terms and conditions contained in this Agreement.

WHEREAS,OVM India provides the hosting of websites web designs in order to make such websites accessible by users who are browsing on the Internet.

WHEREAS,OVM India maintains servers (either dedicated or shared), software, and other equipment necessary to provide Web hosting services.

WHEREAS, except as otherwise set forth in the OVM India’s End User License Agreement, You are the owner of all rights in and to Your Website.

WHEREAS, You are the owner of Your Internet domain name which You represent and warrant does not infringe upon the trademark or other proprietary rights of any other party.

WHEREAS, You wish to have the OVM India provide hosting and web design services for Your Website subject to the terms and conditions set forth in this Agreement.

NOW THEREFORE, for good and valuable consideration, including the mutual promises contained in this Agreement, the parties hereby agree as follows:

ARTICLE

Provision of Web Hosting Services

Subject to the terms and conditions set forth in this Agreement, for so long as OVM India hosts Your Website,OVM India hereby agrees to provide the Web hosting services to which you subscribe (the "Hosting Services") that are described in further detail on OVM India Website.

Representations And Warranties of You

4.1 You represent and warrant to OVM India that: (a) You own or have the right to use all material contained on Your Website, including all text, graphics, sound, video, programming, scripts and applets; and (b) the use, reproduction, distribution, and transmission of Your Website, or any information or materials contained in it, on and from OVM India’s server computer does not: (i) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (ii) violate any criminal laws; (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.

4.2 You acknowledge the terms of the Indian Copyright Act of 2000 (the “Act”) and the obligations on the part of OVM India in the event of a notice from any third party that the Website infringes upon the rights of any third party. You consent to the OVM India following the procedures outlined in the Act in the event of a claimed infringement. You understand and agree that OVM India’s compliance with the Act may result in Your Website being taken off line. You will indemnify and hold harmless OVM India from and against any and all damages that may result from OVM India’s good faith compliance with the terms of the Act.

 

Limitations of Warranties and Liability

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,OVM INDIA DISCLAIMS ANY AND ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OVM INDIA WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IFOVM IndiaHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL OVM INDIA's LIABILITY EXCEED THE AMOUNT PAID BY YOU TO OVM INDIA UNDER THIS AGREEMENT.

Right to Monitor and Remove Unacceptable Sites

OVM INDIA has the right to monitor Your Website, and in its sole discretion, to remove any content that OVM India finds objectionable for any reason, without prior notice to You. You agree to the terms of OVM INDIA’s Acceptable Use policy found bottom of our site

Indemnification

You are solely responsible for any liability arising out of or related to Your Website. You agree to indemnify and hold OVM India harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts' fees, associated with any claim or action brought against OVM India related to or arising out of the Website or Your breach of warranties under this Agreement. This indemnification obligation will survive termination of this Agreement.

Term of Agreement

This Agreement will take effect on the date you register your website, or such time as the parties may otherwise agree in writing, and remain in effect until terminated pursuant to the terms hereof.

 

 

Termination

Either Party may terminate this Agreement and the Hosting Services or wedesign, with or without cause, upon 30 days prior written notice to the other party. Upon Your termination of the Agreement, OVM India will not be obligated to refund any website Fees paid by You in advance.

Miscellaneous

10.1 This Agreement may not be assigned by either Party or by operation of law to any other person, firm, or entity without the express written approval of the other Party.

10.2 This Agreement may be amended at any time and from time to time by OVM INDIA, and any such amendment will be communicated to you or not you electronically by OVM INDIA.

10.3 Either Party will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent they act diligently to remedy the cause of the delay or failure.

10.4 This Agreement shall be construed and interpreted in a neutral manner.

10.5 If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

10.6 This Agreement, including all appendices, attachments or order documents referenced herein, contains the entire agreement of the Parties relating to the rights granted and obligations assumed herein. Any oral representations or modifications concerning this instrument shall be of no force or effect.

10.7 This Agreement shall be governed. construed and interpreted in accordance with the laws of INDIA (without respect to principles of conflicts of law), and the Parties hereby submit to jurisdiction of and venue in India, Kerala Trivandrum in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.

10.8 In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.

IN WITNESS WHEREOF, the parties have executed this Agreement with the intent to be legally bound by its terms..

 

If you are a member of OVM INDIA or its representing banner or Director of the film, or an individual person (If you are below 14 years of age then parents of the person) participating, representing the film known as Participant and any, Please read our rules


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