TERMS & CONDITIONS
All users of Tarika Tech’ services, and all customers upon signing up for Tarika Tech’ services, agree to comply with Tarika Tech’ Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using Tarika Tech’ services with due regard to the rights of other Internet users and in conformity with the requirements of Tarika Tech’ network environment. The TOU are not exhaustive and Tarika Tech reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.tarikatech.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to [email protected].
The TOU supersedes any other agreement with Tarika Tech, whether written, oral, by conduct, or otherwise.
- Tarika Tech Web Hosting & eCommerce Customer Restrictions
- Tarika Tech Dedicated Server Customer Restrictions
- All Tarika Tech Customer Terms of Use
- All Tarika Tech Customer Billing Policy
A. Tarika Tech Web Hosting & eCommerce Customer Restrictions
The following Terms of Use apply only to Tarika Tech’ Web Hosting and eCommerce customers, and supplement the terms in sections C and D that apply to all Tarika Tech customers:Server Resources
Any Website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Tarika Tech will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and eCommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of INR 500.00/month. Any Web Hosting and eCommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Tarika Tech’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Tarika Tech server, and selling or distributing software (on a Web site residing on a Tarika Tech server) that facilitates spamming. Violators will be assessed a minimum fine of INR 10,000.00 and will face immediate suspension. Tarika Tech reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Tarika Tech does not permit CGI script sharing with domains not hosted by Tarika Tech or any scripts that may be abused for UCE purposes.Chat Rooms
Tarika Tech does not allow Web Hosting and eCommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, Tarika Tech can provide chat rooms that meet most users’ needs and run without hindering system performance at a small charge.Background Running Programs and Cron Jobs
Tarika Tech may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and eCommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Tarika Tech at [email protected] that we can arrange set-up.IRC
Tarika Tech does not allow IRC or IRC bots to be operated by Web Hosting and eCommerce customers.Software Distribution
Tarika Tech’ Web Hosting and eCommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please [email protected] make special arrangements.Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Tarika Tech Web Hosting and eCommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.Databases
Any database stored on Tarika Tech’ Web Hosting and eCommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account.B. Tarika Tech Dedicated Server Customer Restrictions
The following Terms of Use apply only to Tarika Tech’ Dedicated Server customers, and supplement the terms in sections C and D that apply to all Tarika Tech customers:Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.IRC
Tarika Tech allows Dedicated Server customers the use of IRC inside the Tarika Tech network as long as the use of IRC on a Tarika Tech server does not violate any of the other terms of these TOU. As a policy, Tarika Tech will not provide vanity IRC reverse DNS records. To enforce this policy Tarika Tech does not turn the reverse address of IPs over to the customer. Authority over this information remains with Tarika Tech.Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.C. All Tarika Tech Customer Terms of Use
The following Terms of Use apply to ALL Tarika Tech customers: Tarika Tech Services Tarika Tech’ services include, but are not limited to: Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Tarika Tech provides to customers); Any use by customers, or any access provided to customers by Tarika Tech, of computing, telecommunications, software, information, hardware, and equipment; Any act, or provision of any service, by Tarika Tech to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; Any provision by Tarika Tech to customers, of any space, Internet connectivity, or electrical power; Any access or use related to the Tarika Tech’ Web site, including the Web site itself; Any other service mentioned in the TOU; Any other service provided by Tarika Tech to customers, whether used or not; Any other Tarika Tech services that are used by customers, whether offered or provided by Tarika Tech to customers.Ownership of Web Site
The legal owner of customers’ Web sites and accounts with Tarika Tech will be the individual or organization whose name is listed in Tarika Tech’ database as the owner. Customers will fully cooperate with and abide by any and all of Tarika Tech’ security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Tarika Tech.Illegal Use
Tarika Tech servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Tarika Tech services, all Tarika Tech customers certify that they and/or the organization they represent in procuring services from Tarika Tech are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Tarika Tech’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Tarika Tech server, and selling or distributing software (on a Web site residing on a Tarika Tech server) that facilitates spamming. Violators will be assessed a minimum fine of INR 8,000.00 and will face immediate suspension. Tarika Tech reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.Viruses and Other Destructive Activities
Use of Tarika Tech’ services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Tarika Tech’ services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.Copyright Violations
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Tarika Tech customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Tarika Tech customer (per the DMCA) to Tarika Tech must follow the below procedures. Copyright infringement notifications submitted to Tarika Tech according to these procedures will be processed within 30 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Tarika Tech’ sole discretion. DMCA Copyright Infringement Notification Requirements- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”). # Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Tarika Tech to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Mail the notification to: Tarika Tech, P.O. Box: 642, Laurel, MD 20725
Adult Content
Pornography and sex-related merchandising are prohibited on Tarika Tech servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.Child Pornography
The use of Tarika Tech’ services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Tarika Tech is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.Privacy
Tarika Tech is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Tarika Tech urges its customers to assume that all of their on-line communications are insecure. Tarika Tech cannot take any responsibility for the security of information transmitted over Tarika Tech’ facilities. Additional details on privacy and Tarika Tech’ use of customer information can be found in Tarika Tech’ Privacy Statement located under Privacy Policy.Customer Responsibility
Customers are required to use the Tarika Tech network responsibly. This includes respecting the other customers of Tarika Tech. Tarika Tech reserves the right to suspend and/or cancel service with any customer who uses the Tarika Tech network in such a way that adversely affects other Tarika Tech customers. While Tarika Tech may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Tarika Tech does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Tarika Tech becomes aware of any violation of the TOU or other user agreements, Tarika Tech may take any action to stop or correct such violation, including, but not limited to, denying access to Tarika Tech’ services and equipment or to the Internet. In addition, Tarika Tech may take action against a customer or a customer of such customer because of the activities of such customer. Tarika Tech anticipates that customers who offer Internet services will cooperate with Tarika Tech in any corrective or preventive action that Tarika Tech deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Tarika Tech policy and Tarika Tech reserves the right to take any such action even though such action may affect other customers of the Tarika Tech customer.Actions Taken by Tarika Tech
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Tarika Tech will be the sole arbiter as to what constitutes a violation of the TOU. Tarika Tech reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Tarika Tech becomes aware of an alleged violation of its TOU, Tarika Tech will initiate an investigation. During the investigation, Tarika Tech may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Tarika Tech may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Tarika Tech will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Tarika Tech does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Tarika Tech.Indemnification
Tarika Tech customers agree to protect, defend, hold harmless, and indemnify Tarika Tech, any third party entity related to Tarika Tech (including, without limitation, third party vendors), and Tarika Tech’ executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Tarika Tech, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Tarika Tech’ services.Disclaimer
The Tarika Tech service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tarika Tech expressly disclaims any representation or warranty that the Tarika Tech service will be error-free, secure or uninterrupted. No oral advice or written information given by Tarika Tech, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Tarika Tech and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Termination for Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Tarika Tech may immediately terminate provision of Tarika Tech’ services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Tarika Tech in such event.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Tarika Tech (INCLUDING, WITHOUT LIMITATION, Tarika Tech’ EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Tarika Tech, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Tarika Tech’ SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Tarika Tech SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Tarika Tech SERVICES EVEN IF Tarika Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Tarika Tech’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Tarika Tech’ SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Tarika Tech OR Tarika Tech’ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.Modifications
Tarika Tech may discontinue, upgrade, replace, modify, or change in anyway, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Tarika Tech’ services. Certain changes to Tarika Tech’ services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Tarika Tech is not liable, for any and all such personalized applications and content, except as expressly agreed to by Tarika Tech.Backup of Data
Except where Tarika Tech has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Tarika Tech is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Tarika Tech services.Third Party Licenses
Tarika Tech makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Tarika Tech makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Tarika Tech specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Tarika Tech liable in any way for the revocation of any license, which has been licensed to Tarika Tech. The use of the Technologies obtained from or through Tarika Tech, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.Non-Tarika Tech Products 25
Any mention of non-Tarika Tech products by Tarika Tech, its employees, or any third party entity related to Tarika Tech is for information purposes only and does not constitute an endorsement or recommendation by Tarika Tech. Tarika Tech disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Tarika Tech products or servicesTarika Tech’ Intellectual Property
Customers will not, without Tarika Tech’ express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Tarika Tech’ Web site, and customers will not use any of Tarika Tech’ trademarks, service marks, copyrighted materials, or other intellectual property without Tarika Tech’ express written consent. Customers will not, in any way, misrepresent their relationship with Tarika Tech, attempt to pass themselves off as Tarika Tech, or claim that customers are Tarika Tech.Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Tarika Tech’ services, either in whole or in part, without the prior written consent of Tarika Tech.Minimum Age Requirement
Tarika Tech customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Tarika Tech customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Tarika Tech services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Tarika Tech’ express written consent to the contrary. Any acceptance of the TOU or any other agreement for Tarika Tech’ services will be deemed null and void to the extent that Tarika Tech will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Tarika Tech’ services.Governing Law and Severability
The TOU, and any other agreement for Tarika Tech services, will be governed by and construed in accordance with the laws of the State of Haryana, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Tarika Tech will take place in the district court of Faridabad, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Tarika Tech agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.Force Majeure
Tarika Tech will not be liable for delays in its performance of the TOU or Tarika Tech services caused by circumstances beyond Tarika Tech’ reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions collectively “Force Majeure”). Tarika Tech will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOU or other agreement for Tarika Tech services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Tarika Tech.Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Tarika Tech and its customers. Each of Tarika Tech and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Tarika Tech services, constitutes the complete understanding and agreement between Tarika Tech and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Tarika Tech, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Tarika Tech services is between Tarika Tech and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Tarika Tech.All Tarika Tech Customer Billing Policy
The following Terms of Use constitute Tarika Tech’ Billing Policy and apply to ALL Tarika Tech customersPayments
All charges are shown in Indian Rupees. Payments are to be made in Indian Rupees. Tarika Tech accepts the following types of payment:- Check or Money Order
- Bank WireTransfer