Terms Of Services

The use of services from SRK IT Solutions Pvt Ltd., [hereafter referred to as "SRKCMS"] constitutes agreement to these terms. You may view our Privacy Policy here.

1) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner's) have screened the order's) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain's you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

2) Content

All services provided by SRKCMS may only be used for lawful purposes. The laws of Government of India apply.

The customer agrees to indemnify and hold harmless SRKCMS from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support@srkcms.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material

:

SRKCMS services, including all related equipment, networks and network devices are provided only for authorized customer use. SRKCMS systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of SRKCMS system's constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. SRKCMS may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/ email and will have a response within 24 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

SRKCMS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

SRKCMS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of SRKCMS

4) Payment Information

malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of SRKCMS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify SRKCMS of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by SRKCMS. SRKCMS reserves the right to bill your credit card or billing information on file with us. SRKCMS provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a Rs 200 late fee and/or an account suspension until account balance has been paid in full. The Rs 200 late fee is applied in addition to whatever else is owed to SRKCMS for services rendered. Access to the account will not be restored until payment has been received.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact support@srkcms.com

5) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. SRKCMS is 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 SRKCMS servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by SRKCMS.

6) Cancellations and Refunds

SRKCMS reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

There are no refunds for cancellation

7a) Indemnification

Customer agrees that it shall defend, indemnify, save and hold SRKCMS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SRKCMS, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SRKCMS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SRKCMS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SRKCMS's server.

7b)

Arbitration By using any SRKCMS services, you agree to submit to binding arbitration. If any disputes or claims arise against SRKCMS or its subsidiaries, such disputes will be handled by an arbitrator of SRKCMS's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

8) Disclaimer

SRKCMS shall not be responsible for any damages your business may suffer. SRKCMS makes no warranties of any kind, expressed or implied for services we provide. SRKCMS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SRKCMS and its employees.

9) Disclosure to law enforcement

SRKCMS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

10) Changes to the TOS

SRKCMS reserves the right to revise its policies at any time without notice.