Mark Design provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Mark Design are subject to the following terms of service:
1. INDEMNIFICATION POLICY
You agree to use all Mark Design services and facilities at your own risk. Mark Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Mark Design be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Mark Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MARK DESIGN, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mark Design against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with MARK DESIGN server.
Mark Design reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from MARK DESIGN server. Mark Design shall be the sole judge of what violates this Policy.
2. BILLING:
We accept payments via many payment gateways including PayPal, WebMoney , Bank Transfer to our Bank Account (In India) and all cards like Visa, Master Card, American Express, Discover Card etc. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
We periodically send Payment Reminder Emails to all clients.
Invoice Unpaid Reminder: 5 days before the invoice due date.
First Overdue Reminder: 1 day after the invoice due date
Second Overdue Reminder: 3 days after the invoice due date
Third Overdue Reminder: 5 days after the invoice due date
2.1 FRAUD VERIFICATION REQUIRED:
All PayPal payments need to be sent manually.
* Choose Postal Address: No Physical Delivery Required *
* WE ACCEPT VERIFIED PAYPAL ACCOUNTS ONLY *
Client details provided to us (including email) MUST match with PayPal account Holder.
Otherwise, send us following Docs with your Order/Invoice Details to sales@markdesign.co.in within 24 hours.
For PayPal Payments: A Valid ID Proof (Passport or License or National ID) of PayPal Account Holder
You can also submit a support ticket and attach your document with the ticket.
If you do NOT submit above documents within 24 hours, your order will be canceled & payment will be refunded.
We DO NOT STORE these documents and they are deleted immediately after your order verification.
2.2 LATE PAYMENTS AND LATE FEES:
All accounts are billed according to the dates they were first activated on. We generate all invoices 10 days before the due date.
If you will not pay for service on your due date, your account will be suspended on the next day of your due date.
If you will not pay for service renewal in 5 days after your due date, your account will be terminated. All data will get deleted and the server space will be re-used for some another client.
We don’t charge LATE FEES. If you account/order is terminated or cancelled, you will need to make a fresh order.
3. REFUND POLICY:
Read our Refund Policy Here : Refund Policy
4. ACCEPTABLE USAGE POLICY:
All services provided by Mark Design may be used for lawful purposes only. The laws of the Indian Government apply. Transmission, storage, or presentation of any information, data or material in violation of any Indian Country, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Mark Design and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Wares and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violations are not refunded under any circumstances.
The following acts will be considered violations of the AUP:
4.1 Illegal Use
includes, but are not limited to:
· Using the service in any way which violates Indian, State, Local, or International law.
· Transmitting copyrighted material without authorization from the copyright holder
· Violating export control regulations
· Copyrighted media, without authority to distribute or display
· File Storage/Image Hosting/File Repository/Streaming/Backup
· Child pornography or kidnapping material
4.2 Malicious Activity
includes, but are not limited to:
· Willfully interfering with the regular operation of the Service
· Attempting to access any unauthorized system or services
· Hosting any deceptive material for the purposes of phishing
· Running any password cracking software
· Virus/Virii, Spyware, Malware, or other infectious material
· Running root exploit kits against other servers
· Distributing viruses, worms, or Trojan horses
· Forging or misrepresenting message headers in whole or in part
· Scanning networks
· Threatening or encouraging bodily harm or destruction of property
· Violating of the rights of privacy or publicity of an individual
4.3 Promotion of Illicit Activity
includes, but are not limited to:
· Any activities prohibited by Indian, State, Local, or International law
· Any activities which result in the spread of computer viruses or other damaging programs or data files
· Any activity or Material protected by trade secret or other statute
· Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
· Terrorist propaganda, racist material, or bomb/weapon instructions
· Hacking, Cracking programs or key generators
· Gambling
· Circumvention of copyright or patent protection
· Exposure of any trade secret
4.4 Unsolicited Bulk Electronic Mailing
includes, but are not limited to:
· Transmitting any unsolicited commercial e-mail
· Transmitting any unsolicited bulk e-mail
· The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Indian, State, Local, and International laws governing the transmission of electronic mail.
4.5 Spamvertising and Related Activities
includes, but are not limited to:
· Posting commercial, political, or advertising posts to public forums
· Issuing unsolicited trackbacks for the purpose of promotion
· Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
· Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
4.6 Abuse
includes, but are not limited to:
· Consistent overuse of shared resources to the detriment of other Subscribers
· Operating an open proxy server or using the Service as part of a proxy network
· IRC and associated programs
· Scripts commonly used for abuse, attacks, or flooding
· Threatening, harassing, or obscene content
· Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)
4.7 Insufficiently-Secure Administration
includes, but are not limited to:
· Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
· Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
· Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
· Operating an open mail relay
4.8 Miscellaneous
· Operating an Internet Relay Chat (IRC) server
· Denial of Service Attacks (DOS/DDOS)
· Unnecessary Port Scans
· Mail Bombing
· Excessive CPU Load
· Abusing Server Resources
The client make sure
· NOT to Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
· NOT Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
· NOT Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
· NOT Run any software that interfaces with an IRC (Internet Relay Chat) network.
· NOT Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
· NOT Participate in any file-sharing/peer-to-peer activities
· NOT Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
· NOT Run cron entries with intervals of less than 15 minutes.
· NOT Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
· When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
· To help reduce usage, do not force html to handle server-side code (like php and shtml).
· Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the our servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.
Websites Distributing Copyrighted Music, Games, Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
4.9 Banned Scripts and programs:
The following scripts and programs are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
· IRC egg drops/Scripts/Bots
· Proxy Servers/Scripts/Anonymizers
· Mail bombers
· Anonymous mailers
· IP and Port spoofers/Scanners
· Hivemail/Mailer Pro
· Telnet or SSH Access Scripts
· nph-proxy (and other scripts which operates like proxy)
· UBB (Ultimate Bulletin Board, all versions)
· lstmrge.cgi
· PHP/CGI Shells or Hacking Tools
· FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
· Pirated Software/Warez
· Image Hosting Scripts (e.g similar to Photobucket or Tinypic)
· AutoSurf/PTC/PTS/PPC sites
· Bruteforce Programs/Scripts/Applications
· Mail Bombers/Spam Scripts
· Banner-Ad services (commercial banner ad rotation)
· File Dump/Mirror Scripts (similar to rapidshare)
· Commercial Audio Streaming (more than one or two streams)
· Escrow/Bank Debentures
· High-Yield Interest Programs (HYIP) or Related Sites
· Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
· Sale of any controlled substance without prior proof of appropriate permit(s)
· Prime Banks Programs
· Lottery/Gambling Sites
· MUDs/RPGs/PBBGs
· Hacker focused sites/archives/programs
· Sites promoting illegal activities
· Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
· Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
· Child pornography
· Anything that sends unsolicited/Junk/spam emails
4.10 Torrent Activities:
We allow torrent activities from Private Trackers only.
We NEVER allow any of our client to use public tracker for any kind of torrent activties including leeching, downloading or seeding etc. If some client use any public tracker, he does so on his own risk and he is solely resposible for it. We will immediately suspend such accounts if we get any kind of complaint regarding that torrent or IP or Account.
4.11 Specialized Hosting:
We provide Specialized hosting services and each service have some specific scripts that can be used with that service.
e.g. RapidLeech Hosting : Only RapidLeech script is allowed. Any similar or any other type of script is STRICTLY NOT allowed.
Similarly sBorg Hosting is bound to sBorg script, TFRL Hosting is bound to TorrentFlux B4rt and rapidleech script only.
Seedbox Hosting is bound to ruTorrent/Transmission and Rapidleech.
VPS have their specific terms of service and if you want to host anything other than normal websites, you will need to contact us and take an advance permission.
4.12 DDoS or Attack Prevention:
Our Services DO NOT come with any kind of protection from DDoS or other net based attacks. You should harden your VPS/server security to get a basic protection against such attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.
INCOMING ATTACK on your VPS/Server :
1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.
2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.
3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.
OUTGOING ATTACK from your VPS/Server :
We stritcly DO NOT allow such acvities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activites etc. If we found your services are involved in such activites, it will be suspended immediately and it may be closed permanently depeing upon severity of the attack/issue.
4.13 Fair Usage Policy:
All of Our Services with unmetered/unlimited bandwidth are subject to this fair usage policy.
5. SERVICE SUSPENSION AND REACTIVATION
Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $5 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receival of Service Reactvation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client’s account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client’s account due to breach of ToS/AUP etc.
6. ABUSIVE CLIENTS
MARK DESIGN, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;
· Verbal abuse including but not limited to cursing, yelling, threatening, etc.
· Ongoing disregard for warnings or notices
· Consistent mistakes/errors/changes causing unnecessary workload
· Spamming our email addresses, ticket systems, or servers
· Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
· Consistent late payments or responses
· Issuing a chargeback or bouncing a payment
· Continuous activation of problematic end-users
· Activity which affects the service(s) of other clients
· Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team
· Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan
7. BACKUPS and DATA LOSS
Your use of this service is at your sole risk. We don’t provide any kind of backups system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.
8. PRICE CHANGE
The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.
9. Changes to the TOS
We reserves the right to revise its policies at any time without notice.
10. LIMITATION OF LIABILITY:
Mark Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Mark Design servers going off-line or being unavailable for any reason whatsoever. Furthermore, Mark Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Mark Design servers. All damages shall be limited to the immediate termination of service.
11. DISCLAIMER:
Mark Design cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Mark Design are resold. Thus, certain equipment, routing, software, and programming used by Mark Design are not directly owned or written by MARK DESIGN. Moreover, Mark Design holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Mark Design sees fit. FURTHERMORE, Mark Design retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
By purchasing any of our services, you already agree to this Terms of Service (TOS) Agreement. If you don’t agree to these services, either don’t purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.