Terms of Service

1. Conditions

• Who we are: The Pinnacle Group Inc. India (“we”, “us”) provides colocation, dedicated servers and other data-centre services agreed with the customer (“the Services”).
• Acceptance: By subscribing to any Service and opening an account, you (“the Customer”) agree to these terms. They apply to all accounts.
• Copyright: All site content is protected by copyright and owned by us. You may not modify, publish, transmit, sell, reproduce, copy, distribute, repost, display or commercially use it.
• No warranties: We disclaim all warranties and conditions, express or implied. We are subject to the jurisdiction of the courts of New Delhi, India.
• Security suspension: We may suspend or cancel the service at any time if a virus, bug or technical problem affects its security or proper administration.
• Right to refuse: We may refuse service to anyone at any time.
• Your privacy: We do not use or disclose your visit details or the information you give us (name, address, email, phone) to outside sources, and we will not use your information without your permission. You can manage your information and raise privacy concerns with us.
• No sharing for marketing: We do not give advertisers or marketers personal information that could identify you, such as passwords, card numbers or bank account numbers.

2. Services

• 2.1 Continuity: We make reasonable efforts to keep the service running, but are not liable for data loss from delays outside our control, missed or failed deliveries, service interruptions, or customer errors. We are not responsible for losses from force majeure (civil unrest, riots, floods, drought, fire, war, new legislation).
• 2.2 Damages: We are not liable for special or consequential damages such as loss of business, contracts, profits or savings. We cannot control material sent over the internet and exclude liability for inaccurate, misleading, offensive, threatening or obscene material published by the Customer, or material that breaches UK or other applicable law.
• 2.3 Phone charges: Customers pay any telephone provider charges arising from their use of the Services.
• 2.4 Maintenance: We or our sub-contractors may temporarily shut parts of the network for maintenance. We give as much notice as possible and try to keep the work within the notified period, but accept no liability for the suspension.
• 2.5 APNIC: Your name, address, phone and fax numbers, email addresses and assigned IP addresses may be released to the APNIC NCC and published (in whole or part) in the APNIC WHOIS database to meet APNIC policies.

3. Banned Content

3.1 Use the Services only for lawful, authorized purposes. Storing, sending or showing anything that breaks the law is prohibited. Banned content includes, but is not limited to:

• Phishing and unlawful gaming: phishing sites, and online gaming or betting platforms banned, restricted or declared unlawful by the Government of India.
• Illegal material: illegally used copyrighted works, commercial audio, video or music files, and anything that violates regulations or is misleading.
• Warez: pirated software, ROMs, emulators, phreaking, hacking, password cracking, IP spoofing and encryption of these, plus sites that link to or explain how to do them.
• HYIP: HYIP sites, or sites that link to or have content related to them.
• Proxy: no proxy set-ups, connections or activity through remote proxies. First offence: account suspended. Second: account terminated.
• IRC hosts: no IRC server that is part of, or connected to, another IRC network. Such servers are removed without notice and reconnected only after you remove all traces and let us verify. A second violation means termination.
• Defamatory content: false claims, stated or implied as fact, that give an individual, business, product, group, government or nation a negative image.
• BitTorrent: no torrent software or scripts (or similar), including sending or receiving files this way.

• 3.2 Content removal: We need not edit or review your website content, may remove content without notice, and do not proactively monitor messages on managed sites, but may remove them at our sole discretion.
• 3.3 Termination: Using the Services for any purpose in 3.1 may lead to account termination without notice.
• 3.4 Indemnity: The Customer fully indemnifies us against losses, costs, actions, proceedings, claims, damages, expenses (including legal) and liabilities caused by breach of this clause.
• 3.5 Defence: The Customer defends and pays all costs, damages, awards, fees (including legal) and judgments arising from such breaches. We may defend or settle claims with the Customer’s consent (not unreasonably withheld), and the Customer helps at their own expense.

4. Adult Content

• Websites with legal adult content only are allowed.
• Pornographic or sexually explicit images of children, and any pictures or videos obtained illegally, are not allowed on our servers.

5. Server, Resource & Staff Abuse

• 5.1 Any attempt to undermine or harm our servers is prohibited. We take no responsibility for how clients use their accounts.
• 5.2 If you abuse the resources provided, we may deactivate your account immediately without refund.
• 5.3 DoS attacks aimed at us, or launched from our servers, are prohibited. All actual or suspected cases are investigated and may lead to immediate termination.
• 5.4 Disrespect toward any of our staff lets us terminate your account without refund.

6. Bandwidth

• If you exceed your bandwidth limit, we will inform you.
• If you neither buy extra bandwidth nor upgrade, and keep exceeding the limit, the account is suspended until you show you have taken steps to stay within the limit or you upgrade, whichever comes first.
• The account is reactivated in the following month.

7. Spam & Unsolicited Email

• 7.1 Spamming, or sending unsolicited email from our servers or from email addresses we maintain, is strictly prohibited and leads to immediate deactivation with no refund. We are the sole judge of what counts as a violation.
• 7.2 On Dedicated Hosting, outgoing email is limited to 3,600 emails per hour, regardless of the size of your mailing list.

8. Affiliate Commissions

• Affiliates cannot earn commission on their own hosting account or on purchases made from their own billing account.
• Self-referral is not allowed. Signing up for your own account with your affiliate link earns no commission.

9. Backups

• We take backups as part of our process, but cannot take responsibility or guarantee data recovery.
• Keep your own backups. We also offer a dedicated backup solution you may wish to buy for added security.

10. Billing

• 10.1 Payment methods: Cheques need 5 working days to clear and for the account to open. For postal orders or cash, we try to set up your account the same day.
• 10.2 Invoices and due dates: Invoices are generated 10 days before the due date. Pay by the due date to avoid suspension.
• Late payment: If unpaid, the account is suspended 5 days after the due date. If no attempt to pay is made within the next 10 days, we may permanently terminate the account and format all data. In total, 15 days after the due date pass before permanent termination.

11. Security & Viruses

• 11.1 Your responsibility: You are responsible for any misuse of your account and must stop others gaining unauthorized access. You may not use your account to breach another account or access another network or server without authorization.
• 11.2–11.4 Passwords: Your password gives access to your account, so keep it secure. Sharing your password or access with unauthorized users is prohibited, and you are responsible for the consequences. Trying to obtain another user’s password is prohibited and ends the service.
• 11.5 Protection: Use adequate security measures to prevent or minimise unauthorized use of your account.
• 11.6 No circumventing security: Do not bypass authentication or security of any host, network or account, including accessing data not meant for you, using servers or accounts you are not authorized for, or probing other networks. Tools built to compromise security (password guessing, cracking or network probing tools) are prohibited.
• 11.7 No interference: Do not interfere with service to any user, host or network, including DoS attacks, flooding, deliberate overloading or trying to crash a host.
• 11.8 Liability and cooperation: Violating system or network security may bring criminal or civil liability. We cooperate fully with investigations at other sites, including with law enforcement.
• 11.9 Virus checks: Test for computer viruses, following best computing practice, before every operational use of the Services.

12. Control Panel Support

• 12.1 Our staff will not help over live chat, ticket or phone to set up email accounts, sub-domains or add-on domains, or to install applications. Staff are restricted from client control panel logins. Use our tutorials and knowledgebase, or the forum. Our team helps with functions that don’t work and with server-side problems we need to fix.
• 12.2 You upload your website yourself using File Manager or FTP, and databases through phpMyAdmin. Sub-accounts such as FTP, mailboxes, sub-domains, add-on domains and parked domains are set up by the client.

13. Shipping & Payments

• Delivery method: International orders ship by registered international courier and/or international speed post; domestic orders by registered domestic courier and/or speed post.
• Timeline: Orders ship within 15 working days, or by the delivery date agreed at order confirmation, subject to courier or post office norms.
• Our responsibility: We only guarantee to hand the consignment to the courier or postal authority within 15 working days of order and payment (or the agreed date). We are not liable for courier or postal delays, or for damage in transit.
• Delivery address: Orders go to the buyer’s registered address as per the credit/debit card, unless specified at the time of order.
• Payments: We use EBS for fast, secure payments. All major credit cards are accepted.

14. Cancellations & Refunds

• 14.1 Cancellation: You may cancel if dissatisfied. Renewals for website promotion, hosting or domain registration must be cancelled at least 7 business days before the current service period ends.
• 14.2 Refund: If you are not satisfied, a refund can be given within 30 days of the project installation date, after deducting service tax and hourly charges for work done. Card payments are refunded to the original card; EBS payments to the same account.
• 14.3 No refund for WHM/cPanel, Plesk, VPS and Dedicated Server licenses, Virtuozzo, SSL certificates and Site Builder, as these come from external vendors and we get no refund on cancelled licenses.
• 14.4 Downtime: Interruptions from scheduled maintenance by us or our network providers do not count toward the uptime guarantee. We are not liable for failures of third-party services.
• 14.5 We may suspend or terminate services on receipt of abuse complaints.

15. Money Back Guarantee

• 15.1 Dedicated servers and other data-centre hosting services are not covered by any money-back guarantee. We decide whether to give pro-rated refunds case by case.
• 15.2 Price freeze: You never pay more than the initial amount you sign up for. We reserve the right to change resource allocation for our services and to change the prices listed on the website.
• 15.3 Licence costs of third-party applications and software offered with our plans can change without written notice.

16. Changes to These Terms

• We may modify these terms of service at any time.
• All customers are bound by the latest terms published on this website.

17. Termination

• 17.1 We may refuse, terminate or suspend your access to the Services for any reason, at our sole discretion, with 14 days’ written notice.
• 17.2 We may suspend your account immediately if you breach these terms, including late or non-payment.

18. Effect of Termination

• When your account ends or expires for any reason, you must immediately pay all sums outstanding to us, within 14 working days.

19. Limitation of Liability

• 19.1 We disclaim liability for: (a) loss of uploaded material; (b) incompatibility of the Services with your equipment, software or telecom links; (c) technical problems, including errors or interruptions; (d) unsuitability, unreliability or inaccuracy of the Services; (e) computer viruses you pick up while using the Services; (f) any security breach affecting your account.
• 19.2 We are not liable, in contract, tort (including negligence) or otherwise, for indirect, incidental or consequential damages, including loss of income, data, use or information.
• 19.3 Nothing here excludes liability for death or personal injury caused by negligence, or for fraudulent misrepresentation or deceit.
• 19.4 Cap: Subject to 19.3, our liability for any one incident (or related incidents) is limited to the annual fees you paid in the year the liability arose. We accept no liability until you give documentary evidence of the loss.
• 19.5 We exclude liability for material you post on the internet through the Services; goods, software or services of third parties; the accuracy or suitability of any website content; and acts, omissions or equipment faults of telecom or internet providers (including domain registration authorities).
• 19.6 Force majeure: We are not liable for failure or delay caused by events beyond our reasonable control, such as government action, war, insurrection, sabotage, embargo, fire, flood, strike or labour disturbance, transport delays, telecom or third-party outages (including DNS propagation), third-party software or hardware failure, or inability to obtain materials, supplies or power.

20. Indemnity

• The Customer will defend, indemnify and hold us harmless (including our agents, customers, officers and employees) from all demands, liabilities, losses, costs and claims, including reasonable legal fees, arising from the acts or omissions of the Customer, its agents, employees or assigns in connection with use of the Services.

21. Law

• A court may strike out or override any part of these terms it considers illegal, unenforceable or unfair. The remaining terms are enforced as if that clause had never been included.

22. Dispute Resolution & Jurisdiction

• Any legal dispute falls under the exclusive jurisdiction of the Jaipur High Court.