Elbroz Terms and Conditions | Our Commitment to Clients

Terms and Conditions

Elbroz Media Pvt. Ltd. welcomes you to know and understand more about our terms and conditions. We believe in transparency, so all of our terms and conditions are listed below.

Web Hosting Agreement And Terms Of Service :

Elbroz Media Pvt. Ltd. – Standard policies and terms and conditions. The following policies and terms of service are required for signing up with us and using our hosting services. Please read the policies carefully and agree to them before signing up. If you have any queries or questions about this, please contact us at any time. Elbroz Media Pvt. Ltd. reserves the right to change the use policies and terms at any time. We serve a large client base, and it has always been our first priority to ensure the safety of each and every one of them.

Copyright Policy :

Elbroz Media has the exclusive right to protect all information / material / services / materials under copyright and other intellectual property laws. Reproductions of any information, material, services, or contents would be grounds for legal action under copyright law.

Privacy Policy :

Any information given by you will be used in compliance with applicable laws. Without your written authorization, the information / data you supply will not be shared with any external organisation or used for any other commercial purpose. It would, however, be open to all Elbroz Media divisions, related companies, and projects. We employ temporary cookies to enable the use of services, maintain the continuity of a visit, and aid navigation on the site. Only on your written request will your data / information be updated, modified, or deleted.

Change in Packages and Pricing :

Elbroz Media Pvt. Ltd. reserves the right, at any time, to change the prices and services of its services and packages. Prices and services available on our website are subject to change at any time without notice. The decision to raise the price of our services is entirely our own, and the new price will apply to all new deals. Elbroz Media reserves the right to increase the price at any time, and the new price will be effective for new deals; however, orders placed prior to the announcement of the new price will be considered at the old price only.

Prices and services listed on our website are subject to change at any time and without notice. Furthermore, any price increase would be entirely at the discretion of Elbroz Media. This would be effective for new deals, but orders placed prior to the announcement would be treated as if they had been placed in previous slots. Account configuration: After your payment is received and confirmed by Elbroz Media Pvt. Ltd., your account will be created. It is your responsibility to provide us with accurate information in order for us to verify it, and if you do not, your account will be delayed.

Late / Non-Payment :

  • In the event that canceled accounts are reactivated, an administrative fee of Rs. 5000 will be charged.
  • If your account is 7 days late, all technical support will be revoked.
  • If your account is 14 days past due, your site and other services will be suspended.
  • If your account is 30 days past due, your sites and data will be deleted from all of our systems.
  • If your credit card is charged back and the transaction is reversed, your account will be terminated and all of your websites, data, website, emails, and details will be deleted immediately.

We will make every effort to contact you via all available means; however, it is your (client’s) responsibility to keep address, contact, and billing information, among other things, accurate and up to date.

The following information is regularly updated: We use the contact information that we currently have. We will not be held liable if you do not receive our notices as a result of a change in contact information (which you have not updated with our records). Clients are solely responsible for keeping information current. We will not be held responsible for any actions taken as a result of the client’s failure to receive/respond to Elbroz Media Pvt. Ltd. notices.

Spam Policy :

On our network, we have a zero tolerance policy for unsolicited commercial email (UCE) or SPAM. Our customers and associates are not permitted to use our network to manage unsolicited commercial email. Elbroz Media Pvt. Ltd. resellers shall not host, or consent to the hosting of, sites or information published by UCE from other networks. Contravention of this policy may result in severe penalties, including immediate service annihilation. We launch an immediate investigation after receiving notification of a violation of our spam and UCE policies.We may limit client access to our network for the duration of this investigation.

If the violation is confirmed after an investigation, we reserve the right to cancel, abort, or terminate the account without prior notice. Furthermore, we reserve the right to pursue a civil action for the costs associated with the investigation. If the violation is proven to be a criminal offense, we may notify law enforcement officials. Penalties will be imposed for violations of this policy. We would assess an Administrative Fee for these violations.The first such violation would result in a Rs. 5000 fine and the termination of the Customer’s account.

The repeated case or second violation will result in an administrative fee of Rs. 7500 and the immediate termination of the Customer’s account. We do not tolerate spam, so PLEASE DO NOT SPAM from your account. Because our resellers would be solely responsible for their clients’ activities on the Elbroz Media network, we recommend that they develop an analogous policy for their clients. Elbroz Media’s shared servers do not support mass mailing. We do not consider doing business with such websites. Sending emails in bulk should not be done with your SMTP server account. We recommend that you hire specialized services from a third party or get your own dedicated server.

Proscribed use of services and products :

All of our clients and associates are required to abide by the company’s exclusive decision regarding how to use our services at all times. Customers are only permitted to use Services and Products in ways that are, in the sole discretion of the Company, compatible with the intended uses of the Services and Products. Please get in touch with the Company as indicated above if the customer is unsure whether any intended use or action is legal. Uses of the Services and Products outlined below, by way of illustration only and without restriction, are outright forbidden.

General :

Illegal Activities: It is highly prohibited to broadcast, store, or circulate any information, data, or material that violates any applicable law or regulation or that could make it easier to break a specific law or regulation. We reserve the right to cooperate with law enforcement or injured parties in the course of any alleged crime investigation.

Injury or peril to other members: None of our customers are permitted to use our services or products to destroy or attempt to destroy anything using any method, including for pornography, or to send any material via any method (e-mail, uploading, redistribution, or other) that encourages physical harm or the destruction of property.

Copyright or trademark contravention : Clients may not use any of our service products to broadcast any material (via email, uploading, posting, or otherwise) that violates any third party’s copyright, patent, trademark, or trade secret or other proprietary civil liberties, including, but not limited to, the unlawful copying of copyrighted material and digitization and circulation of images or photographs from any source such as magazines, books, or other copyrighted sources, and the illegal allowance of copyrighted material. Customers are not permitted to utilise services or products to gather or attempt to gather private information/details about third parties without their knowledge or written consent. Circulation and/or redistribution of copyrighted material, as well as the aforementioned intrusion, will not be tolerated.

Maltreatment Of System And Network :

System or association security violations are prohibited. These types of acts may result in both criminal and civil liability. We will file a criminal case for any network security conduct that is designed to leak or attempts to leak (importantly including below mentioned)

  1. Malevolent programmes’ prologue in our network or any server owned by us. Viruses and worms are common examples. The term “disruption” also encompasses, but is not limited to, flood pings, port scanning, packet spoofing, and faked routing information, as well as
  2. committing security breaches or interfering with Internet connection. Approaching data that the client is not expected to receive constitutes a security breach. Cataloging into a server or account that the client is not specifically authorized to access is also included.
  3. Any network monitoring that captures data that is not intended for the customer’s server is subject to execution.
  4. It is not permitted for users to use any program/script/command to interrupt or disable any terminal or account.
  5. Establishment of an activity?? full duration connection on a company account using artificial means such as programming, software, or any other such approach.
  6. Any attempt to surround or change monitoring, utilization reporting, bandwidth tracking, or other such actions that complicate the company’s traditional operational functions, including but not limited to changing, removing, or otherwise altering or tampering with the log files created by the company.
  7. Determination of any action by the company that, in its own discretion, will have a detrimental impact on the company’s operations or reflect adversely on it.
  8. Some behavior that the Corporation considers to be an undesirable use of resources, a business practise, or otherwise objectionable.

Proscribed Scripts And Programs :

There are standard rules that apply to all scripts. Read on to learn about these rules: The duration of the script’s use on the processor should not exceed a few seconds, or it will be uninstalled. Scripts are not permitted to consume a significant amount of system resources. If the script consumes a large amount of RAM or processor, the account will be instantly suspended while a replacement solution is sought. Similarly, if a site is discovered to be using 10% of system resources, it will be immediately suspended while a replacement solution is sought.

Scripts are not permitted to be used on linked or external sites. Scripts are not permitted on Elbroz Media’s server. 1.play with the hardware 2. Interact with or modify server configuration files. Violation of this policy may result in the instant suspension of your account, with no warning. The use of resource incentive scripts such as chat room scripts written in Java or Perl is not permitted on Elbroz Media’s server. Elbroz Media has forbidden the following scripts because they are either resource hogs or harmful: UltimateBBS Ikonboard IRC Bots with FormMail CgiEmail Eggdrops (PSYBNC, etc.)

IRC Hosts and Clients (ircd, etc) BNCs of IRC (PsyBNC, BNC) Tools for Auditing Network/System Security Exploits Processes of Daemons Servers for video games Servers that act as proxies Telnet servers that are web/CGI-based The Anonymous Are There Any Soap Mailers? SPAM or unsolicited email transmission Port Examining CGIs Auditing of Security CGI impersonation and a pyramid/ponzi scheme Scripts Shell, SSH, and Telnet Scripts, as well as Shell, SSH, and Telnet Alternatives. Any script that uses and processes a huge number of flat files or databases.

Loss Of Backup And Data :

Use of our services is entirely at your own risk. Elbroz Media Pvt. Ltd. is not responsible for any data or files stored on your account. You agree to be solely responsible for data transfer, files, and the proper backup of data and files stored on our system. We have the right to make weekly backups of data that has been updated or is new. These backups are used to restore the server.

Hosting for Mailing Lists We do not provide hosting for mailing list operations. Any mailing lists discovered on our servers will be terminated without notice. Pornography and other sex-related marketing are prohibited on any of Elbroz Media’s servers. This includes any site that contains sexual content or links to adult content elsewhere. The same is true for websites that promote illegal conduct or are in any manner harmful to Elbroz Media servers or any other internet server. The use of links to such materials is also prohibited.

What do you own and What Not: Source Code/Database of Website :

Web Server: If indicated in the email/proposal provided by our sales team, clients receive gratis site hosting with the plan. As a result, they don’t own it.

Content Management System (CMS): This is not owned by the clients. A web application used to manage content administration for your website. The CMS (as well as other software) is owned by the founders, Elbroz Media, and you may use it as long as you host your website on our server.

Database Software: This is not owned by the clients. Customers are not required to write on Elbroz Media’s database software, such as MySql. If the client created the website, they own the data and content saved in the database.

Source Code (other custom programming) – This is not owned by the clients. The code written in the Web Server Platform’s language that contains the logic and connectors to other software operating on the server. Source code may also interact with external integrated system servers. The source code will generate the HTML/CSS/Javascript that the browser will use to display on your screen.

HTML/CSS/Javascript : This is owned by the clients. HTML and CSS are the foundations of practically all websites. Browsers understand it. Javascript is code that can change the HTML and CSS as the user interacts with the page. Elbroz Media supplies you with an agreement that grants you ownership of the HTML/CSS/Javascript upon completion and final payment of the project.

Visual Design – This is owned by the clients. The use of layout and presentable graphical materials such as colours, photography, and typography to create the user interface, photos and videos, and legible content of a website. The HTML/CSS/Javascript will contain the information needed to show these files so that the browser can render the website on your screen. Elbroz Media offers clients an agreement that grants you ownership of the website’s graphic design upon completion and final payment of the project.

Text Content – This is owned by the clients. The prepared, legible, search engine indexable, copy and pasteable website content that is rendered in the browser. Whether the client or an employee creates the content, the client will own it.

Photography – Customers Own It… If they took the photographs. The full or a portion of a digital photograph used as part of a website’s logo, user interface, slideshow, gallery, video, or other visual design element. If the client or an employee takes the images for their website, they will own the photographs.

Domain Name – You Don’t Own This Either.  The Domain Name appears in the address bar of the browser. It is the humanly memorable, identifiable part of the website URL that is indexed by search engines, displayed in most marketing, and remembered as part of the brand. Clients do not actually own a domain name even though they are a registered domain owner. They have a contract with the domain registrar giving them “ownership” of the domain much like a contract with a telephone company for a phone number. Domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.

The Legal Reality of Owning a Website  – Customers will never have legal ownership of the domain name, web server platform, CMS, web platform, database software, or programming language used to develop your website. Elbroz Media only offers a license to use the Intellectual Property of the website built by Elbroz Media with its own customized code. Only if a client develops the website himself/herself or has a “work for hire” arrangement will he/she possess the source code. If the client writes his or her own material, designs the interface, takes his or her own images, and creates his or her own graphics, he or she will own the entire “visual design” and content of the website. Upon completion and final payment of the project, clients only possess the “Finished Assembled Work,” which includes HTML/CSS/Javascript, graphic design, and text content.

Conclusion – If a client requests the website’s source code, Elbroz Media will not provide its CMS technology, databases, location-specific sub-domains or sub-directory web pages, or web hosting details. Elbroz Media’s Back-End of our Template-based as well as Customized Website (Admin Panel/CMS) + Location Wise (Sub-domain) Web Pages is the result of extensive study, new ideas, and years of hard work. Elbroz Media owns the rights to its technology, and if the client decides to cease services with Elbroz Media at any time, the customer can regain custody of the domain name (if purchased by Elbroz Media) after making all current payments (if any). Elbroz Media will not disclose the website’s source code or backup, which includes the Admin Panel/CMS and database mysql files. Upon completion and full payment of the project, the client has the right to get HTML/CSS/Javascript, visual design, and text content.

Web Hosting Details: Elbroz Media will never share Web Hosting Credentials with clients in order to protect website technology and web server security from malware/viruses. Web hosting is a free service offered to clients in conjunction with Website Service. Elbroz Media reserves the right to refuse the installation of any open source or third-party software/plugin/module/component/cms such as wordpress, joomla, drupal, magento, shopify, and so on.

Domain Details: Elbroz Media will not reveal the credential of the domain purchased by Elbroz Media for the client’s website as long as the client continues to manage the website with Elbroz Media. If the client forces Elbroz Media Team to provide domain control panel, Elbroz Media will provide domain credentials to the client after receiving a written email from the client stating that “If anything bad happens to the structure or promotion of the website, Client will be solely responsible for it.” Elbroz Media will not be liable after delivering the domain credential.”

Installation of 3rd party software :

Users bear full responsibility if they install third-party software in their web space. Tracking of hacks or anomalous activations due to weaker security in software would result in account termination without prior warning. Responsibilities Specification and Constraints Any damage, including consequential or incidental damages, caused by the unavailability or downtime of our servers. Elbroz Media is not liable for any claimed damages, including incidental and consequential damages, resulting from our servers being offline or being unavailable for any reason. Elbroz Media is not liable for any claim compensation, including incidental or consequential compensation, resulting from the deception or removal of any website from any of our servers. Immediate termination of services has to be the final or maximum limitation in such cases.

Stipulation & Disclaimer :

Elbroz Media is not liable for any data loss, crashes, or system failure/downtime. Furthermore, we are not liable for any anticipated profit estimates that the customer may accomplish through the operation of their website. Elbroz Media also resells some of its services, therefore some of the tools, routing, software, or programming that we utilise are not owned or produced by Elbroz Media. Elbroz Media accepts no responsibility for the use of our clients’ accounts. Failing to comply with any terms or conditions will result in the account being deactivated without any discussion.

Any decision to cancel or deactivate an account would be made exclusively on the terms determined by Elbroz Media, and could be made without prior warning or notification. Furthermore, we reserve the sole right to update or modify these policies, guidelines, and disclaimer at any moment, without previous notice. Elbroz Media reserves the right to update or modify these Terms and Conditions at any time. (Already on our website)

Guidelines for use of Site Information and Materials :

The following conditions apply to viewing, downloading, printing, and distributing material and information available on Elbroz Media: Information should only be used for personal or informational purposes and should not be utilised for commercial purposes. Commercial usage of information is only permitted with prior written permission from Elbroz Media. It is completely banned to delete any proprietary notice or copyright incorporated in papers.

Elbroz Media reserves the right to revoke permission to print, view, download, distribute, and circulate information uploaded to Elbroz Media at any time, without notice. The rights given to you are merely a licence, not a transfer of ownership. The rights to view, download, print, and distribute information on Elbroz Media are not applicable to the design and layout of this site. 

Trademark :

Elbroz Media owns the logo, trademarks, and service marks displayed on this website for viewing, and any personal or commercial use of the same is absolutely prohibited without the explicit permission of Elbroz Media.

Payment and Refund Issue :

All payments would be accepted via Elbroz Media’s normal mechanisms. Elbroz Media maintains high levels of involvement with our clients and completes the entire process with their approval, so there is no provision for a full or partial refund. We explicitly state that the paid sum will not be reimbursed under any circumstances. Once an order is placed, it cannot be cancelled because it is instantly processed. Personal tastes that have shifted over time cannot be used to justify a refund or chargeback. To avoid unnecessary problems and technological issues, the company will not supply the content on any other media such as CD, pen drive, moveable drives, and so on.

You would be fully liable for the login credentials as well as the content of the sites provided if you gave this information. All payments for Elbroz Media services must be made in the name of “Elbroz Media Pvt. Ltd.” alone. We have not authorised any people or organisation to collect payments for Elbroz Media services under any other name (i.e. any other individual or company name). Elbroz Media shall not be held liable for any losses incurred as a result of your commercial transactions with such fraudulent people or organisations.

Matter of Disputes and Jurisdictional Aspects :

Any legal dispute involving Elbroz Media would be resolved solely within the territory of Ghaziabad. All legal matters are subject only to the present laws in force in Ghaziabad and to the jurisdiction of courts located alone in Ghaziabad.

Governing Law and Jurisdiction :

This Agreement, as well as any dispute or matter resulting from Elbroz Media’s incidental use, is governed by Indian law, and the Member and the Company hereby submit to the exclusive jurisdiction of the courts in Ghaziabad, India. This Agreement, which you accept when you use the Site and confirm by becoming a Member of Elbroz Media, represents the whole agreement between you and Elbroz Media regarding the use of the Site and/or the Service. If any term of this Agreement is found to be invalid, the remaining provisions of this Agreement will remain in full force and effect. We believe that the information provided above will enable you to make wise use of Elbroz Media’s facilities and services while also strengthening our commercial relationships. Team Elbroz Media extends its warmest greetings and stands ready to assist you in providing the finest available solutions.

Get Support

We provide support only through email.
Sales: sales@elbroz.com
Support: support@elbroz.com

Help for problems and issues in the control panel would be offered for specific constraints, including basic tasks such as account creation and deletion, DNS functionality, password reset, and so on. Third-party software such as PHP-Nuke, Advanced Guest Book, phpBB, osCommerce, and others will receive limited support. Furthermore, Elbroz Media will not tolerate any Free Add on scripts inclusions on the control panel, issues relating to software errors or defects that come as a 3rd party member and must be submitted directly to the software providers for any form of support. Elbroz Media is not concerned with web creation, third-party scripts and software such as installation, maintenance, and compatibility, and/or current day-to-day administrative activities such as email accounts, domains, and establishing new users. Elbroz Media may, however, assist with initial custom setup or set up of the server, including email accounts, domains, establishing new users, and software changes, at its own Elbroz Media (which includes SSL Cert, clientexec, and so on) without charging any additional fee.

 

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