Terms of Services for Bottom Funnel
You are responsible for adhering to the rules outlined below. Failure to comply with these terms may result in the immediate suspension and/or termination of all services provided.
As an App Development Provider ("ADP"), we provide our clients with the means to acquire and share a wide range of public, private, commercial, and non-commercial information. We want our clients to fully understand their rights and obligations, as well as ours, regarding their use of our services. This Network Access Policy serves as a clear and understandable guide to these rights and obligations, supplementing the terms of each client's respective service agreement.
The Internet transcends geographical boundaries and operates on its own set of etiquettes and principles regarding the privacy of electronic mail. Sending unsolicited mail, whether in India or abroad, is considered an invasion of privacy and directly violates our policy.
It is important to recognize that no one, including us, owns or controls the Internet. While this openness contributes to its value, it also places great importance on the judgment and responsibility of Internet users in accessing and disseminating information. When clients access information on the Internet, they should be aware that we cannot guarantee the accuracy or quality of the information they may acquire. It is the client's responsibility to exercise sound judgment when relying on Internet information and to be aware that some content may be sexually explicit or offensive. As we cannot monitor or censor the Internet, we cannot be held responsible for any harm that may result from inaccurate, unsuitable, or offensive communications.
Similarly, when clients share information on the Internet, they must understand that we do not review, edit, or assume responsibility for the content they create. This places a new level of responsibility on clients. When users publish information on the Internet, they are subject to the same liability as other authors for copyright infringement, defamation, and other harmful speech. As the information they create is transmitted through our systems and can reach a wide audience, including both our clients and non-clients, their postings may impact others and harm our reputation and operations.
Therefore, clients violate our policy and the terms of the Services Agreement when they, their affiliates, or subsidiaries engage in the following activities:
Customer Spamming Policy – Bottom Funnel has a zero-tolerance policy for spam originating from our clients or their clients, as well as spam that advertises websites associated with our clients or their clients.
- Bottom Funnel reserves the right to charge $1000 (INR 70000.00) per complaint for investigating spam-related issues.
- Bottom Funnel does not directly deal with our clients' clients. We hold our clients responsible for addressing any spam issues arising from their section of the network.
- In the event of a complaint from our dedicated server provider, we will suspend your account, and depending on the investigation, you may be charged a fee of US$1000 (or INR 70000.00).
- If we determine that you are deliberately violating our Acceptable Use Policy (AUP), we may suspend or terminate your server at our sole discretion. The $1000 investigation fee will apply if we find that you are deliberately violating our AUP.
- All spam complaint notices will be sent to the email address associated with your account.
- Unsolicited commercial mass emailing, commonly known as "spamming," is strongly discouraged among Internet users and hosting providers. It is particularly harmful because it negatively impacts consumer attitudes toward us and can overload our equipment, disrupting service for our clients.
- Projects that have no communication from the client for 7 days without prior notice will be considered inactive/dormant, and our team resources will be withdrawn from that project with a notice of 2 working days.
- All projects falling into category (1) will be treated as inactive/dormant, and Bottom Funnel has no liability for delaying the project delivery timeline.
- If any project falls into category (1) and team resources have been withdrawn, a team re-allocation fee will be charged, which will be around 20% or 30% of the project cost, as decided by Bottom Funnel management, effective from 20th December 2018.
- All work received as a change request, bug fix, or additional feedback will be reviewed on a sprint basis, and invoices will be sent accordingly. Requests for daily feedback or task assignments will not be entertained in between the sprint work.
- From January 2019, Bottom Funnel's payment terms will be administered on a weekly or bi-monthly basis. Clients are requested to pay the invoices presented to them in advance for the work assigned to the team. A detailed scope of work for the sprint will be presented to the client, and after their agreement, invoices will be sent out to start the work for that sprint. No sprint work will be started without invoice clearance from Bottom Funnel's accounts team.
- Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, is strictly prohibited.
The Company, Bottom Funnel, will be the sole arbiter as to what constitutes a violation of these provisions. Customers will face immediate account suspension and/or termination without refund, as well as further penalties for any instance of verifiable UCE reported to the Company.
Violating copyrights owned by individuals, corporations, or other entities can lead to civil and criminal liability for the infringer, and it may involve the Web Hosting Provider (WHP) in litigation, resulting in potential damage to its reputation.
- Distribution and/or Transmission of Obscene or Indecent Speech or Materials — Engaging in the distribution of indecent or obscene speech or materials over the Internet can result in criminal penalties. The dissemination of defamatory content can lead to civil liability for the person responsible for defamation, as well as potential legal action against the WHP that facilitated the distribution of such defamatory material.
- Illegal/Unauthorised Access to Other Computers or Networks — Illegally or without authorization accessing computers or networks, commonly known as "hacking," is a violation of federal and state laws and carries potential civil and criminal penalties.
- Distribution of Internet Viruses, Worms, Trojan Horses, and Other Destructive Activities — Distributing internet viruses, worms, Trojan horses, or engaging in destructive activities like hacking can result in severe civil and criminal liability under federal and state laws.
- Export Control Violations — Exporting encryption software, whether over the Internet or through other means, is subject to legal restrictions that limit the ability of individuals to send such software outside the United States.
Bandwidth & Utilization —
- The Company offers space and transfer limitations to its customers in good faith, allowing them to create their websites without concerns about exceeding their allocated web traffic. While the majority of customers utilize the space and traffic for legitimate website needs, we acknowledge that some may attempt to misuse the offer by using the space and traffic in ways that are not intended. In order to protect the interests of our customers and maintain the integrity of our service, the Company reserves the right to take necessary measures to ensure the provision of services and the enjoyment of such services by all of our clients, while preventing certain clients from using services in a manner that may negatively impact others.
- Customers who have websites and attempt to exploit the Company's unlimited storage or traffic plan in ways that violate our policies will be subject to the Company's discretion, which may result in the cancellation or removal of their sites from the servers. The Company serves as the sole and final authority in determining whether websites or resource usages constitute violations or intentions to violate our policies.
Other Activities —
- The Company prohibits any activities, whether lawful or unlawful, that we determine to be harmful to our clients, operations, or reputation. This includes activities that restrict or inhibit other users from using and enjoying our services or the Internet. Any acts aimed at harassing or defaming the Company may result in legal action and compensation charges, or a combination thereof. The Company serves as the sole authority in determining what constitutes a violation of this policy.
- While it is primarily the responsibility of the client to avoid engaging in harmful activities, we do not routinely monitor client communications to ensure compliance with our policy or applicable laws. However, upon becoming aware of harmful communications, we may take various actions, such as removing violating information, implementing screening software to block offending transmissions, or taking any other appropriate action, including terminating a client's contract with us.
- We are aware that many of our clients are hosting service providers, and information reaching our facilities from these clients may originate from clients of their clients or other third parties. We do not require our clients who offer hosting services to monitor or censor transmissions from their clients. However, clients knowingly transmitting materials that violate the law or our policy are themselves in violation of our policy.
- We expect clients who offer hosting services to cooperate with us in implementing corrective measures to prevent the transmission of harmful material that may impact us or our clients. Failure to cooperate with these measures is a violation of our policy. We also prioritize the privacy of online communications. While the Internet is not inherently more or less secure than other communication media, we advise our clients to assume that all online communications are insecure. We cannot guarantee the security of communications transmitted over our facilities. However, we will fully comply with all applicable laws regarding the privacy of our clients' online communications.
- We will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required by law. However, we may electronically monitor our service to ensure satisfactory operation. In certain cases, we may be obligated to disclose information transmitted through our facilities to comply with court orders, statutes, regulations, or governmental requests. Furthermore, we may disclose information transmitted over our facilities to protect our clients and ourselves from harm or to ensure the proper operation of the system.
- While we do backup our systems daily, we are not responsible for the loss of client content due to server or hardware failure. It is the client's responsibility to have a full backup of their site. Clients who provide hosting services to others are expected to comply fully with all applicable laws regarding the privacy of online communications. Failure to comply with these laws will constitute a violation of our policy.
- By signing the Services Agreement, clients indemnify us for any violations of the Services Agreement, law, or corporate policies that result in loss to us or the filing of any claim against us. This means that if we are sued due to activities by the client that violate any law, the Services Agreement, or this policy (which is part of the Services Agreement), the client will be responsible for paying any awarded damages, along with costs and reasonable attorneys' fees.
- Any attempt to undermine or cause harm to our servers or another client's web presence is strictly prohibited. Violation of the above Terms of Service will result in account termination without refunds. The Company reserves the right to remove any account without prior notice. Violation of any of the above Terms of Service may result in legal action, service charges, or a combination thereof. We reserve the right to permanently discontinue service at any time, without notice, if a client is found to be in violation of our terms and conditions.
- Our web host's Technical Support team is available for troubleshooting, but they may not be able to assist with bad coding practices or programming errors in client scripts that may cause problems or errors on their website. As a reseller of the web host, we rely entirely on them for providing technical support, and we may or may not be able to resolve the client's technical issues. It is important to note that we cannot be held responsible for any technical problems, and the client cannot make any claims against us regarding such issues.
- We are not responsible for any server network problems or downtime in the USA, whether caused by spamming, hacking, or server and hardware failures. As a reseller based in India, we do not have control over these factors, and therefore, we are not liable for any downtime, problems, or errors experienced by the client or their website. Consequently, we are not responsible for any damages, and the client cannot make any claims against us for any reason.
- The client understands that we are only a reseller of the company that maintains the dedicated servers at the Data Center. The related company provides us with all the technical support, and any actions taken by that company to protect their services are valid. The client cannot hold us responsible for anything or make any claims against us. Web hosting, like any other business, carries its own risks, and there can be various reasons for downtime or other issues with the client's site. As a reseller, we do not have control over these factors and cannot be held responsible for them.
- Furthermore, as a reseller based in India, we cannot authenticate or verify the software or digital certificates installed by the web host or the client on their site. Any person visiting the site, including the client, cannot hold us responsible for any related matters, and we are not liable for any damages. It is the client's responsibility to manage and check their domain entries, as we do not control any technical errors or support terminations due to technical reasons.
- We emphasize that we do not have control over these aspects, and the client cannot blame us or claim any damages. The client understands that it is their full responsibility. Regarding domain name registrations processed through our company, we clarify that we register these domains through a reseller of a valid ICANN registrant. We ourselves are a reseller of that reseller. Therefore, we have no control over the registered domain, and the client is solely responsible for managing their domain entries.The client acknowledges and recognizes that we operate as a reseller and facilitate the domain name registration process by partnering with another company.
- Any damage or loss of the domain name to a third party or any issues related to domain registration, transfer, renewal, or loss are not our liability, and we are not responsible for any damages the client may incur regarding the domain name. The client must manage and verify their domain entries, renewal dates, transfers, and all other aspects related to the domain name. If any problems or errors are found in the domain entries within the first three months from the initial registration date, the client can inform us, and we will relay the information to the company that registered the domain to address the issue.
- By default, domain name entries are either kept blank or include our domain name administrator's name if no contact details were provided to us during the domain name registration process. The client can change these entries anytime through their domain name management panel. It is the client's responsibility to ensure the correctness of their domain entries and manage them appropriately.
- The client understands and acknowledges that we are only a reseller and pass on the domain name registration to another company. Therefore, we are not responsible for any errors, and we have no control over the domain name. The client cannot make any claims related to their domain name from us, and we are not liable for any damages regarding the domain name. The client's domain name is their full responsibility, not ours.
- The client should keep their FTP, database, email IDs, stats, and domain name username/password secure. We will not be held responsible for any issues related to the client's website or domain name if the client compromises their username/password or is careless with their login details, resulting in any damages to their site or domain name.
- The client cannot make any claims against us in such cases. Regarding online payments made on our website or accepted by us, we want to clarify that we only use highly secure and reliable third-party merchant accounts such as PayPal, CCNow, BillCC, iBill, etc. The online payment process is handled solely by these third-party merchant accounts. We do not receive any sensitive information except the client's contact address and selected package.
- The third-party merchant account is impartial and works in the best interests of everyone involved. We are merely a user of their services, and we are also their client. The complete payment procedure is managed securely and independently by the third-party merchant account. We do not receive any sensitive payment information, and we are not responsible for any damages related to the payment process. The client cannot make any claims against us regarding online payments.
- For clients interested in our services, we only accept payment via Demand Draft or Cheque. In accordance with our company policy, we will send a physical copy of the client's invoice via postal mail within 4-6 weeks from the date of setup. The client should consider this posted hard copy invoice as the final and valid copy for any future reference. Any electronic invoice or soft copy sent to the client is considered INVALID and cannot be used as legal proof or evidence against us. This is because electronic invoices can be easily altered, doctored, or changed, and invalid printouts of such altered files can be produced.
- Therefore, only the hard copy of the client's invoice posted by us via the Indian Postal Services is considered VALID. We hope this Policy Statement clarifies the obligations of Internet users, including our clients, as responsible members of the Internet community, as well as our own responsibilities and limitations as a reseller. We strive to improve our clients' hosting experience and ensure security to the best of our abilities.
- However, it is essential for the client to understand their responsibilities and take appropriate measures to safeguard their website, domain name, and sensitive information. They should regularly monitor and manage their domain name entries, keep their login details secure, and exercise caution while making online payments. By using our services, the client acknowledges and agrees to these terms and disclaimers.
- Please note that you are not permitted to host any commercially available software, fixes, patches, or electronic media for download on your website. This restriction is in place to ensure compliance with legal and licensing requirements. We strictly prohibit the hosting of download sites. Violation of this term may result in the termination of your service without prior notice.
- The Terms of Service mentioned above have been in effect since the inception of our website, and we expect all our clients to comply with them and act as responsible members of the Internet community. We reserve the right to update our Terms of Service at any time, and any changes will be communicated and posted on our website.
- In the event that you are found to be in violation of any existing agreements, Terms of Service, or policies outlined above, we reserve the right to permanently terminate your service without issuing a refund. We value our clients and strive to provide assistance and address any complaints, doubts, concerns, or questions you may have. Please feel free to reach out to us via email at email@example.com, and we will make every effort to assist you.
- However, we expect our clients to understand that we are a small organization with a team of dedicated professionals working within a shared server environment. As such, we must prioritize the best interests of all our clients. We appreciate your cooperation in adhering to the Terms of Service and being responsible Internet community members.