Terms & Conditions

These terms of business apply to Un-Managed/Self-Managed virtual private servers. They do not apply to managed virtual server products which are subject to specific terms of business which can be supplied on request.

Where the context admits: "We" & "Us" includes FULLROOT, Cenvo Technologies of: Mangalore, Karnataka, India or any party acting on Cenvo Technologies implicit instructions. "You" includes the person purchasing the Services or any party acting on the customer's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "container" means the area on the Server allocated by us to you for use by you as a site or virtual server on the Internet.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

1. Virtual Private Server
1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2. You represent, undertake and warrant to us that you will use the Container allocated to you only for lawful purposes and to promptly inform us if this clause or any sub-clause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
1.2.1. you will not use the Container in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
1.2.2. you will not upload, post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. The designation of "adult material" is left entirely to the discretion of Cenvo Technologies. any material containing a virus or other hostile computer program. any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.This includes commercial audio, video, or music files. any 'warez' - includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
1.2.3. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
1.2.4. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
1.3. We reserve the right to remove a container
without notice to you if we find it to be hosting any material which we deem inappropriate.
1.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
1.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Container which is detrimental to our other customers.
1.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.8. Any access to other networks connected to Cenvo Technologies must comply with the rules appropriate for those other networks.
1.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

2. Service Availability
2.1. We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

3. Payment
3.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
3.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
3.3. Payment is due each year following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit or debit card you authorize Cenvo Technologies to debit your account renewal fees from your card.
3.4. All payments must be in US Dollars.
3.5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.

4. Termination And Refunds
4.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
4.1.1. fail to pay any sums due to us as they fall due.
4.1.2. break any of these terms and conditions.
4.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
4.1.4. We may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, We reserve the right to impose the High Resource User Policy or suspend the server for the consideration of all customers. Customers may be offered an option to upgrade their containers for an additional fee.
4.2. No refunds will be made under any circumstances for Services suspended in accordance with 4.1.
4.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment if the remaining period is greater than 3 months.
4.4. VPS Servers must be cancelled no less than 7 days prior to the next billing renewal date or payment will be due for the following billing cycle. To cancel you must request cancellation of the services

4.5. No refunds or pro rata refunds will be made should you decide to cancel the services.
4.5.1. Charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
4.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
4.7 Refunds will be made only to accounts that have passed Manual Account Verification. 4.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Container and to remove all data located on the Container.

5. Indemnity
5.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.

6. Limitation Of Liability
6.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to o the extent applicable under Indian law, subject always to sub clause 6.2.
6.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
6.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
6.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7. Notices
7.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

8. Non-Waiver
8.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

9. Law
9.1. This Agreement shall be governed by and construed in accordance with US and Indian law and you hereby submit to the exclusive jurisdiction of the Indian courts.

10. Headings
10.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

11. Entire Agreement
11.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.