Upon signing up for MahaWebs services, all customers agree to comply with MahaWebs Terms of Use (“TOU”). The aim of the TOU is to ensure customers are using MahaWebs services with due regard to the rights of other Internet users and in conformity with the requirements of MahaWebs network environment. The TOU are not exhaustive and MahaWebs reserves the right to add, delete, or modify any provision of its TOU at any time without notice. As an independent contractor for the specific Web design project of developing and/or improving a Website, hereafter referred to as "Web design project" to be installed on the Client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereafter referred to as "Hosting Service". The Client hereby authorizes MahaWebs to access this account, and authorizes the Hosting Service to provide MahaWebs with "full access" to the Client's account, and any other programs needed for this Web design project that are included as part of the Client's service agreement/level.

Actions Taken by MahaWebs solution.

Failure by a customer to meet or follow any of the Terms of Use (TOU) is grounds for account deactivation. MahaWebs will be the sole arbiter as to what constitutes a violation of the Terms of Use. MahaWebs reserves the right to remove any account without prior notice. When MahaWebs becomes aware of an alleged violation of its Terms of Use, MahaWebs will initiate an investigation. During the investigation, MahaWebs may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, or written information given by MahaWebs, its employees, licensers or the like, will create a warranty; nor may you rely on any such information or advice. MahaWebs and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Customer Responsibility

Customers are required to use the MahaWebs network responsibly. This includes respecting other customers of MahaWebs. MahaWebs reserves the right to suspend and/or cancel service with any customer who uses the MahaWebs network in such a way that adversely affects other MahaWebs customers. While MahaWebs may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, MahaWebs does not monitor its customer’s communications or activities to determine whether they are in compliance with the TOU. However, when MahaWebs becomes aware of any violation of the TOU or other user agreements, MahaWebs may take any action to stop or correct such violation, including - but not limited to - denying access to MahaWebs services and equipment or to the Internet. In addition, MahaWebs may take action against a customer or there client if there activities breach peragos TOU’s. MahaWebs anticipates that customers who offer Internet services will cooperate with MahaWebs in any corrective or preventive action that MahaWebs deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of MahaWebs policy and MahaWebs reserves the right to take any such action even though such action may affect other customers of the MahaWebs customer.

Backup/Recovery

If a loss of data stored on MahaWebs server occurs whilst using MahaWebs services and is deemed that a loss of data is the fault of MahaWebs, MahaWebs will provide cost free backup and data recovery for lost data up until the last differential available. MahaWebs shall be the sole arbiter of the cause of the data loss. If the cause of the data loss is the fault of the Customer, a fee of Rs. 5000.00 will be charged for any data recovered.

Illegal Use

MahaWebs servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation, is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Privacy

MahaWebs is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, MahaWebs urges its customers to assume that all of their on-line communications are insecure. MahaWebs cannot take any responsibility for the security of information transmitted over MahaWebs facilities. Additional details on privacy and MahaWebs use of customer information can be found in MahaWebs Privacy Statement.

Server and System Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Service Limitation

MahaWebs or its related persons shall not be held liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on claims of the customer or its customers, (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach of implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law prohibits exclusion of such liability. In no event will the aggregate liability which MahaWebs and its related persons may incur in any action or proceeding arising out of performance or non-performance of this agreement exceed the total amount actually paid to MahaWebs by the customer for the specific product or service that directly caused the damage.

Traffic/Bandwidth Overage

Customers using over their agreed monthly bandwidth allocation (calculated in GB), whilst using MahaWebs services will be subject to a charge (as displayed on the price list). Bandwidth will be calculated as an average across the calendar month, and will be charged in areas for its use. If you expect to use over your agreed bandwidth allocation you will be able purchase a lower pre-committed rate from our sales team.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, the sending of unsolicited mass email from or through MahaWebs server or using an email address that is maintained on MahaWebs machine is STRICTLY prohibited. MahaWebs will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an MahaWebs server, or if they sell or distribute software on their website that facilitates spamming. Violators will be charged a minimum fine of £250.00 and will face immediate suspension. MahaWebs also will enable precautions to monitor security and UCE on servers within European and United States guidelines.

Viruses and Other Destructive Activities

Use of MahaWebs services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use MahaWebs services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Web site development agreement

The following is included in the quoted Web design project rate:
Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options
Designing a Website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. MahaWebs does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
MahaWebs standard is to meet as many as possible of the currently recommended guidelines for Website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our Websites are available to all visitors.

PAYMENTS

The Price for the Website development will be payable as follows:
Clients will pay 25% of the total value for design fees before work commences. After a proto-type, Beta or mock-up design is delivered by our developers and accepted by the Client, another 25% is then required. The remaining 50% will be due upon satisfactory completion of the project.
Total due is to be paid in within 7 days of the invoice been received. Overdue accounts are subject to a reconnection fee of $ 45.00.

PROJECT DELIVERY:

The Website design project will be published to the Client's hosting service and delivered via cd-rom ("if required") once tested and accepted. If hosting services require a separate contract, MahaWebs will not provide any hosting services in connection with this. The Client agrees to select a hosting service, which allows MahaWebs full access to the Client's account via FTP. The Client will be solely responsible for all hosting service charges.

COPYRIGHT AND TRADEMARKS:

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MahaWebs for inclusion in the Web design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend MahaWebs from any claim or suit arising from the use of such elements furnished by the Client.

WEB DESIGN PROJECT COPYRIGHT:

The domain name, whether registered by the Client or, MahaWebs will belong solely and exclusively to the Client. MahaWebs use of the domain name is limited solely to development/hosting (if applicable) of the Client's Website. MahaWebs undertakes that all administration and invoicing of the domain name/hosting will be sent direct to the Client's address once the renewal dates become due.
MahaWebs acknowledges that any and all of the copyright, trademarks and other intellectual property rights are the Clients corporate make-up. In the event that any part of the Website design, creation or operation is or becomes infringing, MahaWebs will immediately replace the infringing material or programming at its own expense with non-infringing material, once written notification has been received from the Client. MahaWebs waives all and any moral rights it may have now or in the future in the Website design and/or development, its operation and any other uses it may have. The Client will be assigned rights to use the Web design project as a Website, once final payment under this agreement and any additional charges incurred have been paid to MahaWebs. Rights to photos, multimedia cd-rom, graphics, source code, work-up files, computer programs or any electronic formats remain the property of the Client. MahaWebs retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web design projects will contain a link to the MahaWebs Website.

Website HOSTING FEES AND RELATED CHARGES

Hosting Fee

(a) Hosting fees will be paid on an Monthly basis. Charges start from the first day your Web Site is published onto your server space. The Client shall remit payment to the Host by credit card on-line or conventionally by post in advance of each new month of service.
Minimum Duration for hosting package is 12 months.
(b) Failure to make payment when due may result in suspension/disconnection of the Hosting service. A reconnection fee of Rs 2000.00 plus the annual hosting payment will be payable thereafter for resumption of service upon receipt of overdue payment.
(c) All fees and charges will be inclusive of all taxes.
Subject to sections (a), (b) and (c) above, this Agreement shall be for a minimum period of 1 year from the date hereof and shall continue thereafter until or unless determined by either party giving to the other not less than 1 months' prior written notice.

Background Running Programs, Scheduled Tasks and Cron Jobs*

MahaWebs 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 us in advance so that we can arrange set-up.

CGI Scripts

CGI script sharing with domains not hosted by MahaWebs is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity would be shut down without prior notice.

Chat Rooms

MahaWebs 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, for a small charge, MahaWebs provides Java chat room software that meet most users' needs and run without hindering system performance. Please contact us so that we can arrange set-up.

Databases

Any database stored on MahaWebs servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

Email Distribution

MahaWebs provide no limits for personal email use, through POP3 and SMTP email functions. Commercial email, even if within our UCE guidelines, will be limited to 250 individual respondent emails per day. Any daily overage will be charged at MahaWebs discretion. If you wish to provide mail functionality to your company on a larger scale please contact us to make special arrangements.

IRC

MahaWebs does not allow IRC or IRC bots to be operated on our servers.

Server Resources

Any website 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. MahaWebs shall be the sole arbiter of what is considered to be a high server usage level. All shared web hosting accounts come with a limit if it goes over the initial limit will incur an additional charge. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Software Distribution

MahaWebs 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 us to make special arrangements.

Disclaimer and exclusion of liability

MahaWebs has taken all reasonable steps to ensure that the information on the MahaWebs site is accurate, complete and up to date and that the MahaWebs Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the MahaWebs site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.

YOU AGREE THAT MAHAWEBS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE MahaWebs SITE AND MahaWebs SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.

Extra Products and Services

MahaWebs offer a variety of products and services, if you use or rely on these products or services you shall be bound by a separate agreement between you and MahaWebs, the terms of which you shall accept on enrolments for a product or service or prior to reliance on a MahaWebs product or service. This separate agreement contains the complete terms for use of or reliance on the relevant MahaWebs product or service including all warranties and representations relating to that product or service. MahaWebs does not give any warranties or representations in these Terms about the quality, functioning or accuracy of MahaWebs products or services.