Terms & Conditions

Preamble

These terms and conditions of service (TOS) establish the legal framework for conducting business with ICSDC Consultants. The agreement ensures customers use services lawfully and without infringing on others' rights. All customers agree to be bound by these terms. ICSDC reserves the right to modify provisions at any time without notice, with changes effective upon posting at https://clawdevelopment.in/demo14.

1.0Definitions

Account: A subscription to one web hosting plan and/or other ICSDC services.
Account Owner: The purchaser-of-record responsible for ensuring all account users adhere to these terms (referred to as "customer," "you," "your," "yours").
Account Holder: The individual listed as official account contact in the control panel (may differ from account owner).
Mass Emailing: Sending email messages to random addresses or operating any mailing list type, including purchased or opt-in lists.
Spam: Unsolicited email or usenet messages selling services or products (unsolicited commercial email/UCE).
Spamming: Sending spam or promoting spam-facilitating tools, including spam from ICSDC accounts, spam from other ISPs linking to ICSDC-hosted sites, or promoting/selling spam-facilitating software.
Terms and Conditions of Service (TOS): This contractual agreement for web hosting and associated services provision.
User(s): The account owner and individuals authorized to use ICSDC services under a specific account.

2.0ICSDC's Obligations

2.1 Terms and Conditions of Service

ICSDC publishes TOS at: https://clawdevelopment.in/demo14/privacy-policy.php. The company reserves the right to change TOS at any time without prior notice.

2.2 Service and Availability

Service Provision: ICSDC provides hosting services including dedicated servers, virtual private servers, shared web hosting, email services, and backup services.

Availability Level: ICSDC sustains an average 99.9% availability level but makes no guarantee. Services include:

HTTP/HTTPS protocols (web page viewing)
FTP protocols (website maintenance uploads/downloads)
POP3, IMAP, SMTP protocols (email reception and transmission)

Maintenance: ICSDC schedules equipment and software maintenance periodically. During maintenance, services may become unavailable. Scheduled maintenance outages are not included in availability statistics.

Emergency Updates: Occasionally emergency system updates address security threats. Such outages are not included in availability statistics.

2.3 Support

Response Time: ICSDC strives to resolve support requests within 48 hours of filing, assuming proper submission methods are followed.

Support Submission: Submit trouble tickets at https://clawdevelopment.in/demo14/index.php?/tickets/new/ or call for critical issues.

Support Basis: Support operates on a best-efforts basis with no guarantee of satisfactory resolution.

Support Hours: Monday to Friday, 9:00 AM to 5:00 PM Eastern Time. ICSDC reserves the right to change hours without notice.

2.4 Subcontractors and Agents

ICSDC may fulfill obligations through subcontractors and/or agents. Such use does not relieve ICSDC of its obligations. Subcontractors and agents must observe this TOS and ICSDC's privacy policy.

2.5 Ownership of Customer Data and Domains

ICSDC makes no claim of ownership over customer files and email stored on servers. Customers retain full ownership of their data.

ICSDC makes no claim of ownership over customer domain names registered on ICSDC servers or through domain registry services. Customers retain legal title to domain names.

ICSDC will not hold domain names as ransom for funds at any time.

2.6 File Backups

ICSDC uses best efforts to maintain and back up web hosting, database, and email files but does not guarantee backup restoration.

Restoring customer file backups is an added-cost item billed according to services availed. ICSDC cannot guarantee restoration success; customers will be billed regardless of outcome.

2.7 Domains

ICSDC offers domain registry services as a reseller. ICSDC makes no representation or guarantee that any particular domain will be available or that the registrar will register a specific domain to the customer.

Domain registry services are governed by the registrar's domain name registrant agreement.

2.8 Spam, Spamming, and Spammers

ICSDC maintains strict anti-spam policies to protect the internet community and customers. Spamming can blacklist mail servers, affecting all customers' email services.

Prohibition: Spam and spamming are expressly prohibited. ICSDC will suspend or delete accounts involved in spamming without warning and without refund.

Reporting: Report suspected violations by submitting trouble tickets at the support URL above.

2.8.1 Spam Penalties

Depending on spamming severity, ICSDC reserves the right to charge "$1.00 – $160.00 per spam sent through our network." Website content will be confiscated and never returned.

2.8.2 Account Control Loss

ICSDC will place a page on the customer's website identifying them as a spammer. This page remains viewable by visitors until the customer switches providers and DNS propagation occurs (usually 24+ hours). ICSDC will exhaust every legal option to ensure spamming ceases.

2.8.3 Using Third-Party Mail Servers for Spamming

If customers use other providers' services (including third-party address lists) to promote ICSDC-hosted websites, the spam policy provisions apply as if spam were sent through ICSDC servers.

3.0Customer Obligations

3.1 Terms and Conditions of Service

Customers agree to abide by TOS for each account held at ICSDC.

Customers agree that ICSDC may change TOS without prior notice and that they will abide by revised terms.

Customers are responsible for checking TOS for revisions regularly (suggested monthly at the website policies page).

Reseller customers additionally agree to reseller TOS located at the website policies page.

3.2 Age of Account Owner

Customers agree they are 18 years of age or older. ICSDC cannot provide services to those under 18 without express written parental or legal guardian permission sent by postal mail with proof of guardianship.

3.3 Billing Policy

Customers agree to ICSDC's billing agreement terms documented on the website policies page.

Over Limit Fees: Customers will not exceed bandwidth, storage, and email usage limits outlined in their web hosting package. Exceeding limits may result in additional charges. ICSDC will not refund unused pre-paid fees if corrective action is taken. Customers are responsible for unauthorized account access resulting in limit overages and charges.

Advance Billing: Hosting services are billed in advance based on subscription plan terms.

Fee Changes: ICSDC reserves the right to change service fees upon advance notice. Fee changes become effective at next renewal.

Automatic Renewal: Credit card payers agree ICSDC may renew accounts automatically for terms identical to the most recent previous term (annual renews annually, monthly renews monthly).

Indefinite Renewal: Credit card payers agree ICSDC may continue renewing accounts indefinitely until written notice (email, postal mail, or fax) of cancellation is provided.

No Refunds: There are no refunds after service provisioning.

Promotional Rates: ICSDC reserves the right to offer promotional rates that may or may not be more favorable than existing agreement terms. Periodic special rates do not affect existing rights and responsibilities.

Promotional Re-subscription: Customers may not cancel existing accounts and re-subscribe to take advantage of promotional offers.

Nonpayment Suspension: ICSDC may suspend or delete accounts for nonpayment if 10 days or longer past-due.

Past-Due Payment: All past-due amounts must be paid before account cancellation.

Collections: If collections agencies are used to recover past-due amounts, customers are liable for all fees and collection costs.

3.4 Domain Registration

Customers are responsible for renewal and renewal fees of any domains registered at or transferred to ICSDC's registrar. ICSDC does not automatically renew or bill for domain registrations.

Customers agree to be bound by the Uniform Domain-Name Dispute-Resolution Policy (UDRP) specified by the Internet Corporation for Assigned Names and Numbers (ICANN), documented at: http://www.icann.org/udrp/udrp.htm

3.5 Account Cancellation by Customer

Account cancellation must follow the procedure outlined in ICSDC's cancellation policy documented in the billing agreement on the website policies page. This is the only manner in which accounts may be cancelled.

Credit card payers agree ICSDC may renew subscriptions automatically until written notice (email, postal mail, or fax) of cancellation is provided.

All past-due amounts must be paid before account cancellation.

3.6 Use of Shared Resources

ICSDC operates a shared hosting environment with multiple customers per server (unless customer has VPS or dedicated server).

Maximum Daily SMTP Emails: Customers may not send more than 1000 emails per hour from shared hosting accounts. Requests for increases require support tickets. ICSDC reserves the right to uphold this limit regardless of requests.

Website Development: Customers agree to design websites to avoid overloading servers by consuming inordinate processor time, system memory, and network bandwidth.

Excessive CPU Usage: Customers acknowledge paying for shared hosting, not dedicated servers, and agree not to use shared plans as dedicated servers. Shared plans offer generous bandwidth and resources; 95% of customers never reach limits unless offering shareware, video, large sound files, image/multimedia archives, mirror sites, or file distribution. Customers are discouraged from storing files causing excessive traffic or treating servers as dedicated.

Disk Space: Customers agree not to use shared accounts as backup storage servers and that uploaded files are required by websites or services.

Shared Server Resource Limits: Shared accounts are limited in server resource usage. Resource abuse includes processes or service usage affecting normal server operation, resources, connectivity, and causing server overload. Resources include CPU and memory usage, concurrent processes, concurrent port/database connections, and total bandwidth.

Customers agree not to use excessive CPU or memory and not to use servers as production/dedicated servers. If account usage causes overly high server load, ICSDC may suspend accounts until causes are determined and resolved. ICSDC has no liability to customers or end users for corrective actions, and no refunds of pre-paid fees apply. ICSDC is the sole arbiter of high usage levels.

Resource Abuse Causes: Possible causes include CGI, Perl, Sendmail, MySQL, MSSQL, PHP, ASP, HTTP, SMTP, POP3, and FTP. Possible actions include script/service disabling or account cancellation. Server overload actions occur after client consultation.

3.7 Email Abuse

The following activities are prohibited email abuse:

Unsolicited Bulk Emailing: All accounts, websites, and database applications/scripts cannot be used for mass emailing, including commercial advertising, mass mailing exceeding 1000 SMTP emails per hour per email account, informational announcements, charity requests, petitions, and political/religious content. Such emails may only be sent if the receiver explicitly requested them.
Stealth Emailing: Forging, altering, or removing email headers.
Mail Bombing: Sending large email numbers to disrupt or compromise servers, systems, or networks.
Harassing/Intimidating Email: Harassment or intimidation through frequency, size, and language. Senders must stop if recipients request cessation.
Newsgroup Spamming: Unwelcome commercial advertising and posts violating usenet discussion group or mailing list rules.

Such activities from non-ICSDC servers are prohibited if they link to ICSDC-hosted websites or content.

Email abuse carries fines up to "$160 CAD per email message sent" depending on violation severity. Email abuse grounds immediate account suspension and appropriate legal action. ICSDC reserves sole discretion in determining violations.

3.8 Security

Maintaining network security and integrity is ICSDC's prime responsibility. ICSDC may suspend accounts without notice if perceived as security risks to the network and/or other customers.

In security breach events, customers are liable for unauthorized account, website, and email use and for breach-caused damages to ICSDC servers, networks, and other customers and costs to return services to normal states.

If two or more account and/or email security breaches occur, ICSDC may suspend or cancel accounts with five (5) days notice.

Customers are responsible for maintaining password confidentiality for control panels and email accounts. ICSDC strongly recommends creating "strong" passwords: at least seven (8) characters long, mixing upper/lower-case alphabetic characters, numeric characters, and ideally special characters (#, $, %, *, etc.).

No security system is 100% failsafe. ICSDC takes significant security measures but cannot absolutely guarantee no breaches will occur.

3.9 Incoming Email Blacklisting

ICSDC may block incoming email from any open mail relay, Internet Protocol (IP) address, or other sources believed to send spam to ICSDC customers.

3.10 System and Network Abuse

Customers agree not to violate or attempt to violate network and server security. Violations result in immediate account termination without notice or refund, prosecution to the fullest law extent, and liability for all resulting damages and costs.

Violation examples include but are not limited to:

Attempting unauthorized server, network systems, or stored data access
Conducting network vulnerability scans or probes
Breaching authentication to gain unauthorized account or service access
Interfering with any ICSDC customer service or any host/network service
Mail bombing
Forging TCP/IP headers, email headers, or usenet message headers
Conducting Denial of Service (DOS) or Distributed Denial of Service (DDOS) attacks
Proxies: Anonymous proxies, cookie hiding proxies, email proxies, and other proxy forms are prohibited on any server.

3.11 Viruses, Worms, Trojans, "Malware"

Customers agree not to deliberately distribute viruses, worms, trojans, other "malware," or same-creation tools from websites or email accounts. Violations result in immediate account termination without notice or refund.

3.12 Common Gateway Interface (CGI) Scripts

Customers agree that if CGI scripts pose security risks to ICSDC networks and/or other customers, facilitate spamming, or adversely affect system performance, scripts will be terminated and removed without prior notice.

3.13 Internet Relay Chat (IRC)

ICSDC does not permit IRC and IRC bots operation from accounts. Violations may result in account suspension or termination without notice.

3.14 File Backups

Customers are responsible for maintaining backups of all web hosting files, scripts, email, and databases. ICSDC offers no guarantee that data can be restored from ICSDC backups. Regular backup intervals are strongly recommended.

3.15 Violation of Laws and Regulations

ICSDC reserves the right to refuse service to anyone.

Customers agree to use ICSDC resources only for legal purposes under all applicable international, federal, provincial, or municipal laws.

Customers agree not to store, link, transmit, advertise, or make available obscene, threatening, abusive, harassing, defamatory, hateful, discriminatory, or racially/ethnically objectionable materials or images.

Customers agree not to promote intoxicants by displaying/promoting intoxicants, alcoholic beverages, cigarettes, or illegal substances contrary to laws.

Customers agree not to store, link, transmit, advertise, or make available intellectual property, trade secrets, copyrighted materials, or trademarked materials without licenses. ICSDC may terminate accounts without notice or issue 48-hour cease and desist warnings.

3.16 Internet Protocol (IP) Addresses

ICSDC may assign fixed Internet Protocol (IP) addresses for certain web hosting features. IP addresses remain under ICSDC or subcontractor control and ownership. Customers have no usage rights except as ICSDC allows. ICSDC reserves the right to change or remove any and all IP numbers and addresses.

3.17 Adult Content

Because website monitoring cannot ensure children don't view such content, customers agree not to distribute, promote, or sell adult content including photographs, explicit sex illustrations, explicit sex anime, or live web videos containing explicit sexual acts through websites or email. Customers agree not to include links to such websites. ICSDC is the sole arbiter of violations. Violations result in account termination without notice or refund.

3.18 Child Pornography

Customers agree not to distribute or aid child pornography distribution as defined by Canadian law. Discovery results in:

Immediate authority reporting with available customer information
Fullest-extent law enforcement cooperation
Immediate account termination without warning/refunds; data retained for law enforcement prosecution aid

3.19 Account Transfer

Customers agree not to transfer web hosting accounts to other individuals or legal entities without express written ICSDC approval.

3.20 Other Legal Requirements

Customers agree not to impersonate any person or entity.

Customers agree not to use ICSDC services to stalk or harass any person or entity.

Customers agree not to provide instruction on committing illegal activities as defined by international, Canadian federal, provincial, or municipal law.

Customers agree not to provide instruction on creating bombs or other dangerous materials.

3.21 Resellers Server Resource Usage

Reseller accounts are for shared hosting account resale only, not extra resources at lower costs for single accounts. Resellers cannot abuse accounts by using 100% total resources on one account. Resellers may use up to 100% of total account resource limits but must have multiple resold accounts distributed across ICSDC's clustered server environment appropriately.

Resellers cannot use more than 60% of total resource levels for single customer accounts. Customers requiring more than 60% of total resource levels should contact ICSDC for alternative options not negatively affecting shared hosting environments.

4.0Conditions and Disclaimers

4.1 Indemnification

General Indemnification: Customers will indemnify and hold harmless ICSDC, subcontractors, and agents against any actions, claims, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable legal fees and litigation expenses) incurred by ICSDC or subcontractors relating to:

Customer breach of TOS terms/conditions or ICSDC policy/guidelines
ICSDC service use or inability to use
Violation, alleged violation, or misappropriation of any intellectual property or non-proprietary third-party rights

IP Defense: Customers agree to fully defend and indemnify ICSDC of/from all third-party claims, causes of action, demands, costs, damages (direct and consequential), including attorney fees/costs, expert fees/costs, and mediation/arbitration fees/costs incurred from copyright or intellectual property right violations related to ICSDC service use.

Privacy Defense: Customers agree to fully defend and indemnify ICSDC of/from all third-party claims relating to privacy legislation violations.

Copyright Infringement Waiver: Customers specifically waive damage claims of any kind from ICSDC suspending/terminating accounts in copyright infringement response.

Website Content: Customer website content is customer responsibility. Customers agree to indemnify, defend, and hold harmless ICSDC from claims including misappropriation, false advertising, unfair competition, defamation, business/personal disputes, privacy/celebrity rights invasion, or anti-discrimination law violations.

Survivorship: Indemnification terms survive agreement termination.

4.2 Disclaimer of Warranties

ICSDC service use is at sole customer risk. Services are provided "as-is, as-available" without warranties (express or implied), including ability, particular purpose fitness, or non-infringement. ICSDC does not guarantee or is responsible for delays, data loss, connection lacks, slow connections, or other issues, even from ICSDC negligence.

ICSDC claims no control over information content passing through ICSDC hosting systems or subcontractor systems. ICSDC does not actively or passively monitor customer website content unless investigating agreement abuses.

Internet-obtained information may be offensive, incorrect, and potentially illegal. ICSDC makes no warranties regarding accuracy, suitability, or legality of internet-acquired information or goods/services acquired over internet.

ICSDC expressly disclaims representations or warranties that services will be error-free, secure, or uninterrupted. No oral advice or written information by ICSDC, employees, licensors, or subcontractors creates warranties.

Survivorship: Disclaimer of Warranties terms survive agreement termination.

4.3 Limitation of Liability

Exclusive Remedy: Customer agrees that ICSDC's liability and customer/end user exclusive remedies regarding service non-performance shall be:

Service repair or adjustment, or
Where repair/adjustment is impracticable, equitable credit not exceeding invoiced service charges for non-performing portions.

For other claims, ICSDC's liability to customers/end users for use-related damages regardless of action form shall be limited to directly attributable damages, not exceeding total aggregate monthly charges paid during damage-incurrence periods, not exceeding two (2) months.

Loss Exclusion: Customers agree ICSDC shall not be liable for lost profits, anticipated revenue, data loss, information system use loss, lost business revenue, failure to realize expected savings, or other commercial/economic losses.

Unavailability Exclusion: ICSDC host networks or subcontractor networks may experience unavailability periods from normal maintenance, utility interruption, equipment failure, natural disasters, acts of God, or human error.

Survivorship: Limitation of Liability terms survive agreement termination.

4.4 General Provisions

4.4.1 Force Majeure

Either agreement party is excused from delay/performance failure caused by reasonable control occurrences beyond their control, including acts of God, earthquakes, labor disputes, strikes, riots, war, and governmental requirements.

4.4.2 Assignment

This agreement and rights are not assignable/transferable except ICSDC may freely assign rights to principal owners, shareholders, affiliated companies, or successors-in-interest.

4.4.3 Severability

One or more invalid, illegal, or unenforceable provisions do not affect or impair other agreement provisions.

4.4.4 Choice of Law

Customers agree to attempt dispute resolution with ICSDC prior to litigation. This agreement shall be governed, interpreted, and enforced according to Ontario provincial and Canadian federal laws. Any agreement-related actions must be brought in Mississauga, Ontario, Canada provincial courts.

4.4.5 No Agency

Nothing herein creates agency, partnership, or joint venture between ICSDC and customers.

4.4.6 Modification of These Terms and Conditions of Service

ICSDC reserves rights to modify any TOS provision at any time without prior customer notice.

4.4.7 Suspension and Termination

Consequences: TOS non-observation can result in warnings through privilege suspension or immediate shared hosting account termination. ICSDC may refer potential law violations to proper authorities and may cooperate in suspected criminal/civil wrong investigations.

Without Notification: Without prior notification, ICSDC reserves rights to suspend/terminate any shared hosting account and remove/modify files deemed illegal or threatening to ICSDC hosting systems or subcontractor systems.

Sole Arbitration: ICSDC is the sole arbiter of TOS violation constitutions. ICSDC reserves rights to remove accounts without prior notice for any agreement term breach.

Termination Refunds: If ICSDC terminates services for agreement term breach, termination is without refund.

4.5 Agreement by Use

ICSDC hosting system use constitutes acceptance of above terms and conditions of service.

Contact Information

ICSDC Private Limited

Phone: +91 9810958857
Email: [email protected]