Revision date: 05.05.2021
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY Semayra SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “Customer”) AND SEMAYRA.
Glare Web Tech LLP. (hereinafter referred to as “Semayra”) agrees to provide and furnish services to the Customer, subject to the following Terms of Service. Use of the Semayra service constitutes acceptance and agreement to our Terms of Service. We reserve the right to make changes to the provided Terms of Service as needed, without notice to our clients.
Please note that this agreement is subjected to change and it is Customer’s responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.
Semayra reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of Semayra’s Acceptable Use Policy.Semayra terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, Semayra will issue Customer a refund for the remaining paid period of service. Under no circumstances is Semayra responsible for any damages resulting from termination of service. Semayra reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
Semayra has the right to cancel products and services without refund for orders pending due to insufficient information and/or documents supplied. .
Website/Data Security
Customer is responsible to ensure that Website/scripts installed under its account are secure and permissions of directories are set properly. Files/Folder’s Permissions should be at least 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account.
Resource Usage
Any Customer Account/Website should not use more 25% of System resources & PHP Script execution time should not exceed 90 second in order to sustain a stable Hosting Enviroment.Unattended server-side processes, torrents, trackers, file-hosting service, peer-2-peer activity, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs are Strictly prohibited.
Shared hosting accounts are meant for hosting website content. Data Storage/Warehousing is strictly not prohibited. We also do not allow audio/video content streaming on shared servers due to high resources usage
Most of our Website hosting plans allow unlimited email address creation but it is advisable to host limited Email Accounts for stable Email Services.If any customer found abusing this service may results to Account suspension
Semayra does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, Semayra makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. Semayra’s offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers. In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. Semayra’s service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Website/Data Security
We dont provide any Backup Services (unless not requested/allowed).Customer are Sole responsible for any data loss due to Account Compromise,Hacking,Natural Calamity,War Situation.We advise all clients to backup there data/Website on Regular basis in order to avoid any data loss.Semayra Will not held any responsiblity in these situations.
Content
All services provided by SEMAYRA may only be used for lawful purposes. Indian Laws are applicable. The customer agrees to indemnify and hold harmless SEMAYRA from any claims resulting from the use of our services.
AUP Violation
If any account is suspended due to violation of TOS/AUP agreed upon when ordering, Re-activation may be considered SEMAYRA depending on severity/case.
Customer Support
SEMAYRA provides 24 hours Customer support and is committed to provide the best possible support for all Customers.Semayra offers support to Customer’s enrolled via Client Area.
REFUND & CANCELLATION
Domain Registrations
This service is NOT covered under refund/lookout policy.Customer will NOT able to edit/modify/ask for refund once domain is registered & activated under there Client Area
Shared/Mini/Premium Hosting & VPS
These services are covered with 3 days Refund Policy.This Policy will be applicable ONCE for each client … for a single service.Customer who try to abuse/intent to abuse this policy..Semayra Have full discretion to deny Refunds.
cPanel Licenses/Addons/IPs
Any license/addons/Add. IP , if ordered with the service Or ordered Individual … are NOT eligible for refund OR covered by 3 Days Refund Policy
PAYMENTS
Refunds will be Processed ro same Wallet/Email/Account from which they are Paid
Refund will be processed with in 7 days after approval, some time it may take upto 15 days due to unavoidable reasons like National Holidays,calamities,Festivals,Bank Holidays etc.
We do accept Payments via various methods so that customer can pay according to there convenience.However some currencies like Bitcoin & other Crypto Currencies do have variable values time to time … So Crypto/Bitcoin Payments are NOT REFUNDABLE (to customer Wallet) however these payments can be refunded to customer client area by which they can use it in future for any other services.
Investigation & Cancellation of Services
Semayra reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. Semayra at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, Semayra reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If Semayra feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. Semayra does not issue refunds for terminating service due to any of the causes specified above. Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
Semayra reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice.
Acceptable Use Policy
Customer asserts that it has read Semayra’s Acceptable Use Policy (“AUP”) and its Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or Semayra equipment to be used for activities prohibited by such policies. Semayra may revise the AUP from time to time by posting a new version thereof on the Semayra Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern. Semayra may impose a penalty fees to the Customer if the AUP is broken.
Warranty
Semayra’s services are provided on an “as is” and “as available” basis. Semayra does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. Semayra makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose. No advice provided by Semayra or any of its representatives will create a warranty.
Indemnification
Customer agrees that it shall indemnify Semayra harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Semayra, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Semayra against liabilities arising out of;
any injury to person or property caused by any products sold or otherwise distributed in connection with Semayra;
any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement and
any defective products sold to customers from Semayra’s server.
Disclaimer
Semayra will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Semayra was advised in advance of the possibility of such damages. Semayra’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim.
Semayra will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:
other Semayra Customers or third parties accessing Customer’s data or assigned computers;
security breaches;
eavesdropping;
denial of service attacks;
interception of traffic sent or received using Semayra’s service;
Customer’s reliance on or use of the service;
mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service;
the accuracy, completeness, and usefulness of the service; or
loss of data or loss of access to data.
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