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The use of services from Nogics Technologies Private Limited [hereafter referred to as "Nogics"] 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. If you have a domain name registered with Nogics, it is your
responsibility to ensure that the contact information for your domain account
and your actual domain name(s) is correct and up-to-date. Nogics is not
responsible for a lapsed registration due to outdated contact information being
associated with the domain. If you need to verify or change this information,
you should contact our sales team via email. Providing false contact information
of any kind may result in the termination of your account. In dedicated server
purchases or high risk transactions, it will be necessary to provide government
issued identification and possibly a scan of the credit card used for the
purchase. If you fail to meet these requirements, the order may be considered
fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us.
However, transfers are provided as a courtesy service, and we can not make
guarantees regarding the availability, possibility, or time required to complete
an account transfer. Each hosting company is configured differently, and some
hosting platforms save data in an incompatible or proprietary format, which may
make it extremely difficult if not impossible to migrate some or all account
data. We will try our best, but in some cases we may be unable to assist you in
a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by Nogics may only be used for lawful purposes. The laws
of the India apply.
The customer agrees to indemnify and hold harmless Nogics 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 anothers 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 abuse@nogics.co.in with the information required. If the request is of a licensing issue, we may require further documentation.
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.
Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
Nogics services, including all related equipment, networks and network devices are provided only for authorized customer use. Nogics 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 Nogics 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. Nogics 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 48 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 48 hours.
Sites hosted on Nogics service(s) are regulated only by Indian & US law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Nogics is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Indian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Nogics.co.in and many of Nogics.co.in's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Nogics.co.in should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Nogics..co.in's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at abuse@nogics.co.in and we will be happy to assist you.
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.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
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.
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, phone, 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.
Nogics 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.
Nogics 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 Nogics.
4.) Payment Information
You agree to supply appropriate payment for the services received from Nogics,
in advance of the time period during which such services are provided. You agree
that until and unless you notify Nogics of your desire to cancel any or all
services received, those services will be billed on a recurring basis.
Cancellations must be done by submitting ticket via the Service Management Portal provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via email. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/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 Nogics, 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 Nogics of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Nogics. Nogics reserves the right to bill your credit card or billing information on file with us. Nogics 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 $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Nogics for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@nogics.co.in after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Nogics cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@nogics.co.in for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
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 sales@nogics.co.in
Nogics reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a
week, overwrites any of our previous backups made, and only one week of backups
are kept. This service is provided to you as a courtesy. Nogics 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 Nogics servers.
6.) Cancellations and Refunds
Nogics 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.
Customers may cancel at any time by submitting a support ticket via Service Management Portal . Nogics gives you an unconditional 7 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 7 Days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 7 days period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Incase of Indian netbanking/debitcards/wallets/creditcards payments through Nogics PG, transaction fees will be deducated while issuing refunds. This is because our upstream payment provider deducts transaction fee while issuing refunds.
Please note that payment options like BitCoin & PerfectMoney are non refundable. You will receive credit in your Nogics eWallet balance instead of source refund
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 7 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed
appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php
and shtml).
12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted communications.
7b.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from
our off site weekly backup with the exception of Databases continuing to be
backed up. All data will continue to be mirrored to a secondary drive which
helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers their is no moneyback guarantee -- the 7 day money back
guarantee does not apply. No refund will be issued in case of dedicated server plans as minimum 1 month contact is a must.
Each of Nogics's managed shared, VPS, and reseller servers carry a 7 (3 days in case of VPS plans) day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 7 days (3 days in case of VPS plans) of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Nogics will not activate new orders or activate new packages for customers who have an outstanding balance with Nogics. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Nogics in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the
99.9% uptime you may receive one month of credit on your account. Approval of
the credit is at the discretion of Nogics dependent upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server is defined as the
reported uptime from the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services. To request a
credit, please contact sales@nogics.co.in with justification. All requests must
be made in writing via email. Uptime guarantees only apply to shared / reseller
solutions. Dedicated servers are covered by a network guarantee in which the
credit is prorated for the amount of time the server is down which is not
related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Nogics does not provide
support to our Reseller's Clients. If a reseller's client contacts us, we
reserve the right to place the client account on hold until the reseller can
assume their responsibility for their client. All support requests must be made
by the reseller on their clients' behalf for security purposes. Resellers are
also responsible for all content stored or transmitted under their reseller
account and the actions of their clients'. Nogics will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semi-dedicated servers are not
backed up. You must maintain your own backups.
The Business plan provides a free toll-free number for your web site and business. Minutes Included Per Month: 100 -- Additional Minutes: 4.9 Cents. Included minutes are based on a calendar month. By default, you'll be able to receive calls from US callers only. You can enable calls from Canada in your control panel, but will be billed 6.9 cents per minute for all calls from Canada due to the increased costs of providing service there. This service is provided and supported by Voipo for new Nogics clients.
*Please note: Toll-Free numbers issued must be called at least once every 30 days. Toll-free numbers with 0 calls in a 30 day period will be considered inactive and disconnected. If you cancel your hosting package with Nogics or switch to a plan other than the business plan, your toll-free number will be disconnected unless you contact VOIPo to change to a paid service plan prior to the Nogics cancellation.
12.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We
reserve the right to change prices listed on Nogics.co.in, and the right to
increase the amount of resources given to plans at any time.
13.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time
customers* only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have signed up using a
particular domain, you may not resign up for that domain using another coupon at
a later date. Any account found in violation of these policies will be reviewed
by our sales department and the appropriate invoices will be added to the
account. Coupon abuse will not be tolerated and may result in the suspension or
termination of the account. Coupons or discounts are only valid towards the
initial purchase, and do not affect the renewal or recurring price.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Nogics harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Nogics, 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
Nogics against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with Nogics;
(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 Nogics's server.
14b.) Arbitration By using any Nogics services, you agree to submit to binding arbitration. If any disputes or claims arise against Nogics or its subsidiaries, such disputes will be handled by an arbitrator of Nogics's choice. An arbitrator from the state of Lucknow or Barabanki, India. 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 Indian 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.
15.) Disclaimer
Nogics shall not be responsible for any damages your business may suffer.
Nogics makes no warranties of any kind, expressed or implied for services we
provide. Nogics 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
Nogics and its employees.
16.) Disclosure to law enforcement
Nogics 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.
17.) Changes to the TOS
Nogics reserves the right to revise its policies at any time without notice.
