Company - Legal
Please review the following Terms of Service and Acceptable Use Policy before ordering any services from Gesture . You must agree with our Terms of Service and Acceptable Use Policy to purchase services from Gesture . As a high-quality web hosting provider to thousands of customers, Gesture.co.in values its good reputation. Accordingly, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs. Nonetheless, the following constitute examples of unacceptable uses of Gesture.co.in's services, which will result in suspension, or termination
Terms of Service/Acceptable Use Policy
Gesture (referred hereinafter as 'Gesture ', 'our', 'we' and 'us') is a website hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. We reserve the right to change this policy at any time without prior notification. We reserve the right to spotlight any client's website.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Gesture , your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using the service, you may not:
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Restrict or inhibit any other user from using and enjoying the Internet.Gesture reserves the right to the final decision on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
- Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 10% of all available system resources at any time.
- Run any type of interactive real-time chat applications that require server resources that aren't available in your account's control panel. If you have a program you would like to run but doesn't meet these specifications, please contact us. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any site with adult-oriented content, including but not limited to any pornographic material without prior approval of Gesture . Users are also required to abide by the following:
- Databases are only to be used for Gesture -hosted web sites, and no outside access will be granted.
3. Severe Account Violations
We take a zero tolerance stance against any of the following activities:
Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes shared hosting, reseller and resold accounts. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $500 + $1 per message sent. This does not apply if any of your client accounts is in violation of this policy.
Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Gesture staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.Gesture reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Gesture also reserves the right to make any such modifications in an emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless Gesture from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Gesture , or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
5. Refusal or discontinuation of service
Gesture reserves the right to refuse or discontinue service to anyone at Gesture sole discretion. Gesture may deny you access to all or part of the service without notice if you engage in any conduct or activities that Gesture in its sole discretion believes violates any of the terms and conditions in this agreement. Gesture 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 Gesture 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. Gesture 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. Gesture also reserves the right to refuse refunds in cases where Gesture believes abuse has taken place.
6. No warranties
Gesture 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 by Gesture or its agents or employees shall create a warranty. Gesture 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 Gesture 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 Gesture 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 Gesture servers that such information becomes available to all Internet users and that Gesture has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Gesture 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 Gesture or on the Internet generally. Your use of the service is at your sole risk. Gesture 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 Gesture servers. You agree not to interfere with the operation of the system. 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 adhere to system policies as published by Gesture luding restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Gesture policy decisions.Gesture reserves the right to monitor any and all communications through or with our facilities.
7. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Gesture 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 you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.
8. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.
9. Payment & Other Information
You agree to supply appropriate payment for the services received from Gesture , in advance of the time period during which such services are provided. You agree that until and unless you notify Gesture , through the online support desk of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must include your account username and password for verification in order for your cancellation to be valid.Payments made for dedicated server purchases, domain registrations, domain transfers or account upgrades are non-refundable . Users who partake in the free domain registration promotional offer and cancel services within 1 year of their signup date are required to pay Gesture $12.95 for the domain registration fee. Accounts that become past due will incur a $9.95 late fee and any account 10 days past due will be suspended and a $25.00 re-connect charge will be billed to your account if you request re-connection of your account. Accounts will be terminated from Gesture servers after 20 days of delinquency. Gesture has a price freeze guarantee which states that the plan and pricing you commit to during signup, will never change for as long as you are a client, in good standing, with Gesture . This guarantee excludes plan add-ons, such as dedicated IPs, control panels, and other options offered by Gesture .
10. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Gesture or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should 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. By placing and continuing to maintain or place information on Gesture 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.
11. Money Back Guarantee
Each shared hosting and reseller plan include a full 30 day money-back guarantee. If more than 50% of the plans resources have been used, no refund will be issued. No refunds are issued after 30 days. Payments made for dedicated server purchases, domain registrations or account upgrades are non-refundable . If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages, domain registration fees, domain transfer fees or account upgrades. No refund is available after that period for monthly subscribers. Unless otherwise stated by a billing representative, any refunds will be issued via-PayPal.com only. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc. Accounts cancelled/terminated by Gesture for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.
Overages are billed at the end of each month. All accounts have three (3) days of the current period to process a hosting account upgrade for the overage of the previous month. You can upgrade hosting accounts to a higher level to avoid overage charges. Bandwidth overages are billed at $1.50/per GB over your allotted transfer.
13. Uptime Guarantee/Network SLA
We guarantee that the server and connectivity will be available at least 99.7% per calendar month, excluding scheduled maintenance outages and upstream provider issues. If the monthly outages exceed the maximum allowed .3%, Gesture will credit 5% (five percent) of the client's monthly fee per additional 30 minutes of outages, up to 100% (one hundred percent), excluding any overage fees, of the monthly fee. If you have one plan across multiple servers, the average uptime across shall determine the uptime percentage. In order to qualify for a credit, it must be requested at the end of the calendar month, within 30 days, and your account must be in positive standing.
14. Cancellation Policy
All cancellation requests must be submitted to our online helpdesk by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are canceling within our 30-days money guarantee period. You must include your account username and password for verification in order for your cancellation to be valid.
15. Data Center Tours / Visits
Data center visits are restricted to co-location clients only. All data center access is escorted and must be prearranged with a minimum of 48 hours notice. A fee will be charged in the amount of $75.00 per hour in 5 minute increments for access to the data center. This includes, but is not limited to: general tours of the facility, access to servers and racks, installation of equipment, repair or monitoring of equipment, or any other activity that will require access to the data center.
16.Affronts to Etiquette
Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Gesture.co.in by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave and charged a sum of $300 equivalent as the same amount under the agreement with our datacenter will be payable by us to them. If you are not sure if your actions will be in violation, please ask first (firstname.lastname@example.org). Age The client must be 18 years of age to obtain our service.
17 Abuse of the legal rights of others
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Gesture.co.in supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, Gesture.co.in will not substitute itself for a court of law in deciding tort claims raised by the third party.
18 Abuse of the law
Gesture.co.in's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's,ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Anything violating Indian Law will be considered as abuse of our services and the person indulging in the same will be considered totally liable for his acts. On finding this we will disctoniue the services immediatley and inform the same to the Law inforcement agencies to take care of the situation. This will not arising any liablity on Gesture.co.in.com or any of its associates, partners or proprietor.
Gesture.co.in reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Gesture.co.in's servers. Abuse of Gesture.co.in's Server Resources Running programs in the background on a Gesture.co.in's server without Gesture.co.in's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, Greeting Cards sites, software downloading sites, more then 1000 emails a day and the like are not acceptable uses of Gesture.co.in's servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. Gesture.co.in can set an additional domain name to be pointed to your site's IP address for Rs.1100 p.a setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termina tion of the account.
Gesture.co.in reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact email@example.com.
Server broadcast messages or any message sent on an intrusive basis to any directly orindirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX.
Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
21 Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Gesture.co.in's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing:requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Gesture.co.in to provide this knowledge or support outside matter specific to Gesture.co.in's servers. Support will only be provided to the Company placing the order on us, we shall not support customers of resellers to whom the space is further resold by the reseller.
We donot offer tech support to customers who walkin to our office as that will have an additional charge of Rs.1000 per hour but we do offer tech support through SMS and emails.
We stand no surety for the contents of the websites hosted on our servers by our clients or resellers clients. It is the sole responsibility of the client to maintain all the backups of the websites and No guarantees are made of any kind, either expressed or implied, as to the integrity of the backups if at all they are taken by us. Backups if made for any specific server are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of Gesture.co.in, Gesture.co.in will attempt to recover the data for no charge to the client but does not guarantee its recovery. If data loss occurs due to negligence of client in securing their account or by an action of the client, Gesture.co.in will attempt to recover the data from the most recent archive for a Rs.2500/- fee.
23 IP numbers
Gesture.co.in maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
24 Renewal of Domains
We do not send any intimation or notices about domain name renewals except the notices for the expiry of the webspace. Renewal notices for the domain comes directly from the registrar and we stand no guarantee for any domain renewals unless the client pays in advance 20 days prior to the expiry of the domain.In simple words it is the clients onus to check when his domain is expiring and unless he pays well in advance to renew the domain we cannot assure of its renewal.
* Any facilities/features offered by the registrar with domain booking are beyond our control and thus we cannot give any surety of their operations except that you will definitely get a control panel to manage your domain passwords and change any information related to Registrant,administrative,technical and billing contact in real time.As registrars have their own servers so any support related to the domains have to be directly taken from the registrar tech support staff members. We offer no guarantee at all related to addon features with the domain names and any queries related to the same must be send to the registrar only.
25 Applicability of Invoice :
Invoice will be applicable on the availability of domain name at the time of Booking and incase we have raised the invoice prior to the booking of domain and the same domain is booked by some one else before we have initiated the registration process on or after the date of the invoice / on or within the billing duration dates, the said invoice will stand cancelled and bring no liability on Gesture.co.in. /GESTURE or any of its associates,employees, members, channel partner and Proprietor.
26 Limitation of Liability
Gesture.co.in shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Gesture.co.in's servers going off-line or being unavailable for any reason whatsoever. Further, Gesture.co.in shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site/database from one of Gesture.co.in's servers. All damages shall be limited to the immediate termination of service.
Gesture.co.in shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Gesture.co.in reserves the right to terminate an account at any time and for any reason that causes harm to any Gesture.co.in customer's web sites. Gesture.co.in reserves the right to delete all content and files upon termination. Gesture.co.in reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Gesture.co.in reserves the right to refuse, cancel, or suspend service at our sole discretion.
Gesture.co.in reserves all rights to change/modify/remove or add any of the prices, server features, timely schemes, web sites/other information hosted by any of the customers on our server which is defined as illegal/unsolicited use of our server space or other facilities as and when announced.
27 Abusive Conduct
Any abuse towards any Gesture.co.in.com/ employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When corresponding with Gesture.co.in.com/Gesture refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Gesture.co.in.com/Gesture or it's employees shall be considered a violation of this Acceptable usage Policy.
Any threat, whether verbally, orally, written, or delivered by client/second parties directed towards Gesture.co.in.com/Gesture proprietor or any of it's employees, Managers, Consultants,equipment, and concerns shall be construed as a violation of this Acceptable usage Policy.
Any conduct viewed as violating this section shall be considered a violation of this Acceptable usage Policy. Gesture.co.in.com/Gesture will be the sole arbitrator in regards to what is deemed a violation.
28 No refunds shall be given when the contents of this section necessitates removal of the account JURISDICTION IN CASE OF DISPUTES In case of any disputes, the jurisdiction will be ONLY at Delhi Courts. Gesture.co.in reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.
Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org
All complaints will be investigated promptly.