Agaram Solutions herewith Agaram Solutions Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what Agaram Solutions expects of them while using
the service. All users of Agaram Solutions services: those who access to onhandsms.com and some
of our Services but do not have accounts, as well as those who pay a service fee to subscribe to
the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Agaram Solutions Service constitutes acceptance and agreement to Agaram Solutions AUP as
well as AGARAM SOLUTIONS TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To AGARAM SOLUTIONS
(Agaram Solutions) are Non- Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively
monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission, newsgroups, or other material
created or accessible over or through the services, except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our
sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.
Agaram Solutions may cooperate with legal authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in
the suspension or immediate termination of either your Agaram Solutions account or other actions
as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of Agaram Solutions Acceptable Use
Policy. The following are guidelines for the establishment and enforcement of Agaram Solutions
AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems
of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the
usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of
information
- Preserve the privacy and security of individual users
Agaram Solutions intends to provide its customers access to everything the Internet has to
offer. While Agaram Solutions is firmly committed to the principles of free speech, certain
activities that may be damaging to the resources of both Agaram Solutions and the Internet and
cannot be permitted under the guise of free speech. The resources of Agaram Solutions and the
Internet are limited, and abuse of these resources by one user has a negative impact on the
entire community.
We do not routinely monitor the activity of accounts except for measurements of system
utilization and the preparation of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your server or virtual site to publish material, which Agaram Solutions
determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of
this policy, "material" refers to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If a Agaram Solutions account is used to violate the Acceptable Use Policy or our TOS, we
reserve the right to terminate your service without notice. We prefer to advise customers of
inappropriate behavior and any necessary corrective action, however, flagrant violations of the
Acceptable Use Policy will result in immediate termination of service. Our failure to enforce
this policy, for whatever reason, shall not beconstrued as a waiver of our right to do so at any
time.
As a member of our network community, you must use your Internet access responsibly. If you have
any questions regarding this policy, please contact us at [email protected].
Agaram Solutions accounts operate on shared resources. Excessive use or abuse of these shared
network resources by one customer may have a negative impact on all other customers. Misuse of
network resources in a manner which impairs network performance is prohibited by this policy and
may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk
space and session time. You may not use resource-intensive programs which negatively impact
other customers or the performances of Agaram Solutions systems or networks. Agaram Solutions
reserves the right to terminate or limit such activities.
Agaram Solutions requests that anyone who believes that there is a violation of this AUP direct
the information to the Abuse Department at [email protected].
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other
situations will require different methods of providing the above information. Agaram Solutions
may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by
violations
agaramsolutions.com ("The Company" – Agaram Solutions) agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Agaram Solutions Service constitutes acceptance and agreement to AGARAM SOLUTIONS AUP as
well as AGARAM SOLUTIONS TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of agaramsolutions.com
and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of
the Company. Subscriber understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of
Karnataka, India.
- Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for
illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request without further consent or
notification to the Subscriber. In addition Agaram Solutions shall have the right to
terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the
nature of the service furnished and the
initial rates and charges have been communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent
upon receipt by the Company of payment
ofstated charges. Subsequent payments are due on the anniversary date of the month for that
month's service or, on the annual renewal date in case of services purchased annually.
- Payments and Fees: Checks and Demand Drafts returned
for any reason are subject to returned
item charge. Service will be interrupted on accounts that reach 7 days past due. Service
interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion
of Agaram Solutions. Accounts not paid by due date may be subject to a late fee at the sole
discretion of Agaram Solutions. If you desire to cancel your account, please email
[email protected] 30 days before expiry of the account. Failure to notify
cancellation would result in services billed and payable for the next period.
- Refund and Disputes: All payments to
agaramsolutions.com are non-refundable. This includes
any service rendered by Agaram Solutions or purchasing any service in online and subsequent
charges regardless of usage. All overcharges or billing disputes must be reported within 30
days of the time the dispute occurred. If you dispute a charge to your credit card issuer
that, in Agaram Solutions sole discretion is a valid charge under the provisions of the TOS
and /or AUP, you agree to pay Agaram Solutions an "Administrative Fee" of not less than Rs.
2000 and not more than Rs. 10,000. Agaram Solutions reserves the right to suspend all
services provided to the client in such a case till payments are settled.
- Failure to Pay: The Company may temporarily deny and
suspend ALL accounts and services
provided to a customer or terminate this Agreement upon the failure of the customer to pay
charges when due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: Requests for canceling accounts
may be made in writing with at least
30 days notice but not more than 60 days prior written notice and sent to
[email protected]. Only the authorized account holder or a authorized contact may
cancel the account. Authorized contacts are appointed only by the account holder. In the
event of cancellation, customer will automatically be billed for any excess usage during the
then-current calendar month.
- 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.
- Support Boundaries: Agaram Solutions provides 24 x 7
technical supports to our subscribers.
We limit our technical support to our area of expertise. The following is our guidelines
when providing support: Agaram Solutions provides support related to your service. Agaram
Solutions does not provide technical support for YOUR customers. If you can email, we
encourage you to email [email protected] for assistance.
-
Notification of Violation:
- Agaram Solutions is under no duty to look at each customer's or user's activities to
determine if a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which Agaram Solutions determines to have violated any
element of this Acceptable Use Policy, shall receive an email, warning them of the
violation. The service may be subject at Agaram Solutions discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any further
violations.
- Second Violation: Users that Agaram Solutions determines to have committed a second
violation of any element of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice.
- Indemnification: Agaram Solutions wishes to emphasize
that in agreeing to the Agaram
Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
Agaram Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of Service
(ToS) that results in loss to Agaram Solutions or the bringing of any claim against Agaram
Solutions by any third-party. This means that if Agaram Solutions is sued because of a
customer's or a customer of a customer's activity, the customer will pay any damages awarded
against Agaram Solutions, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact
information for you. E-mail, fax, and telephone contacts are used, in that order of
preference.
- A waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or subsequent waiver
thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent from
or notice to Subscriber. Company reserves right to cancel customers rights under
this contract at anytime without further obligation.
- Agaram Solutions is not responsible for any damages your business may suffer. Agaram
Solutions does not make implied or written warranties for any of our services.
Agaram Solutions denies any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by Agaram Solutions.
- Responsibility for Content: You, as Agaram Solutions
customer, are solely responsible for
the content stored on and served by your Agaram Solutions server.
- Force Majeure: Neither party shall lose any rights hereunder or be liable to the other
party for damages or losses on account of failure of performance by the defaulting party if
the failure is occasioned by any occurrence or contingency beyond its reasonable control,
including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental
acts or orders or restrictions, failure of suppliers, or any other reason where failure to
perform is beyond the reasonable control of the nonperforming party; provided that such
party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
- Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.