Shyamnet Payment Gateway

These are the Webhosting Terms of Service of Shyamnet). All webhosting clients of Shyamnet agree to abide by these policies. Shyamnet reserves the right to change and update these policies as it sees necessary.

Access to the network and services of Shyamnet, granted to the undersigned (the Customer) is subject to the following terms and conditions:

1. Shyamnet’s Liability

The Shyamnet makes no warranties of any kind, expressed or implied, for the service it is providing. Shyamnet also disclaims any warranty of merchantability or fitness for a particular purpose. Shyamnet will not be responsible for any damages the Customer may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of the Customer or of Shyamnet, errors or omissions, or due to inadvertent release or disclosure of information sent by the Customer.

2. Content and Acceptable Use

Shyamnet exercises no control over, and cannot be held liable for, the content of the information passed through its network. Shyamnet's services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or the Customer's business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless Shyamnet from any claims (including Shyamnet's attorney fees) resulting from the Customer's use of service which damages the Customer, or any other party or parties. The customer also understands that this product is not intended for hosting content of a mature nature. The Customer also agrees to follow the Acceptable Use Policies (AUP) of Shyamnet, as now in existence and as they may be amended from time to time, displayed prominently in electronic form at http://www.Shyamnet.net/contact/aup.php, and incorporated herein by reference as if reprinted in full. The customer agrees, when accessing another network through Shyamnet's network, to abide by the rules of that network as well.

3. Payment and Contingencies

Payment is due by the date indicated on the invoice. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE MUST BE SET FORTH IN WRITING AND SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF SHYAMNET.Accounts are in default if not received by the due date indicated on the invoice. If the Customer fails to make payment by the date indicated on the invoice, or if payment is returned to Shyamnet unpaid, Customer is immediately in default and subject to a returned payment charge of $50 dollars from Shyamnet. Accounts unpaid after the due date indicated on the invoice may have their service interrupted. Such interruptions do not relieve the Customer from the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5 percent per month, or the Customer's state's or country's legal maximum allowable rate, whichever is less. If the Customer defaults, the Customer agrees to pay Shyamnet its reasonable expenses incurred in enforcing its rights under these terms and conditions, including attorney and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.

4. Other Agreements and Assignment Rights

These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Shyamnet also reserves the right to use subcontractors of its choice or to assign the active account to another entity.

5. Determination of Outage Credits

An "outage" is defined as a disruption of normal network data throughput capacities, outside of reasonable and expected variances. An outage, for the purposes of "outage credits," may not include:

a. Normal periodic but scheduled maintenance time performed by Shyamnet for the purposes of upgrading or maintaining its network.

b. Internet or network problems external to the Shyamnet net work and beyond its direct control.

c. Issues related to specific Internet Service Providers, Network Access Points (NAPs) or Internet Routes. These will be dealt with through the normal Shyamnet Network Operations troubleshooting process and handled on an individual basis.

The Customer will pay 100 percent of the full monthly connection fee regardless of any "outage" time, unless the outage time meets the following criteria. If there is more than thirty (30) consecutive minutes of outage, or a total of sixty (60) minutes of outage time on any given day, the Customer will receive a credit on the Customer's bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred.

6. Service Maintenance

a. Except as otherwise agreed, Shyamnet shall exercise reasonable efforts to achieve restoration of service, in the case of an outage as above defined, as quickly as is feasible, provided the Customer expressly acknowledges that Shyamnet is not, in the case of any outage of any length, liable for any restitution to the customer beyond the granting of outage credits as delineated above. If Shyamnet investigates an outage at the Customer's request and determines the outage to be the responsibility of the Customer, the Customer may be billed for the Shyamnet employee(s)' time at Shyamnet's then-current rate.

b. Shyamnet will provide a Network Operations Center (NOC) responsible for monitoring Shyamnet’s network on a 24-hour-per-day, 7-day-per-week basis. The services provided to the Customer by the NOC or any other Shyamnet employee are subject to change at Shyamnet’s discretion and without prior notice. Services provided by the NOC or any other Shyamnet employee outside of their standard duties may be billed to the Customer at Shyamnet's then-current rate. No Shyamnet employee will perform services requiring billing beyond the monthly rate stipulated in the Customer's Service Agreement without the request or consent of the Customer or the Customer's authorized representative(s).

c. The Customer explicitly agrees that Shyamne tmay, without prior Customer approval, use any subcontractor that Shyamnet chooses for installation, maintenance or other services under obligation to Shyamnet under this agreement. Use of any subcontractor does not relieve Shyamnet of any of its obligations as set forth in this Agreement.

7. No Liability or Right to Cancel for Acts or Omissions Beyond Shyamnet's Control

Shyamnet shall not be liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Shyamnet, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

8. Cancellation Procedures for Customers Within Right to Cancel

Customer explicitly agrees that while Customer has an active contract with Shyamnet, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing Shyamnet thirty (30) days' written notice of service termination. Customer may provide this notice up to thirty (30) days prior to contract termination if Customer wishes to discontinue service when Customer's contract lapses. Without notice, Shyamnet will consider Customer to be on a month-to-month contract extension.

Questions about these Terms and Conditions or other account matters should be directed to admin@Shyamnet.com via electronic mail, or to the Client's Authorized Shyamnet Account Manager.

These are the Acceptable Use Policies (AUP) of Shyamnet. All clients of Shyamnet must abide by these policies. Shyamnet reserves the right to change and update these policies as it sees necessary.

Introduction

The primary purpose of Shyamnet is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is Shyamnet’s intention to allow Shyamnet users complete access to everything the Internet has to offer, with minimal or no interference from Shyamnet.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Shyamnet, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Shyamnet runs multi-user systems, actions of one Shyamnet customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Shyamnet users.

To this end, Shyamnet has developed these Acceptable Use Policies. They are intended to inform Shyamnet’s Customers of what Shyamnet considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Shyamnet may take,  with or without notice, in the event that Shyamnet becomes aware of inappropriate use of Shyamnet’s service. This AUP will be used to help Shyamnetsystem administrators deal with complaints from users of Shyamnet or other Internet-connected systems, and to determine when action should be taken.It is expected that all Shyamnet Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Shyamnet’s technical resources, ability to continue to provide high quality service to its customers, and the protection of Shyamnet’s reputation as a service provider.

ACCESS TO SHYAMNET’S INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

Shyamnet Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Shyamnet or any information or software therein. You release Shyamnet from and Shyamnet shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Shyamnet services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Shyamnet’s own negligence. Without limiting the generality of the foregoing, Shyamnet disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Shyamnet services. In no event shall Shyamnet’s aggregate liability exceed the amount paid by you to Shyamnetfor the Shyamnet services. Use of any information obtained via Shyamnet’s Internet service is at the user's own risk. Shyamnet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

1. 1

UNDER NO CIRCUMSTANCES SHALL SHYAMNET BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SHYAMNETWAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall Shyamnet’s liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to Shyamnetby Customer hereunder in said term in which the damages are incurred.

1. 2

Shyamnet warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. Shyamnet does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, SHYAMNETDISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Shyamnet’s limited warranty set forth herein is in lieu of all liabilities or obligations of Shyamnetfor damages arising out of or in connection with its Internet services.

1. 3

Shyamnetis not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that Shyamnet reserves the right to:

A.) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.

B.) Modify, delete or suspend dissemination or display of any information or graphics supplied by Customer if Shyamnet receives any complaints about Customer's information or advertising:

-  (i) being false, deceptive, unfair or inaccurate;
-  (ii) violating another's intellectual property right; or
-  (iii) containing language which defames or libels another or another's works.

C.)
Suspend dissemination and display of the Customer's Internet page, if Customer has not made a payment as required by this Agreement, or if Shyamnet determines that the information on the Customer's Internet page will damage the reputation of Shyamnet.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing 
safe passwords and ensuring file protections are set correctly. Shyamnet will suspend access or change access to Customer's 
account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. 
Shyamnet is not liable for any usage and or charges prior to Shyamnet making the necessary account alteration. Electronic mail 
on this system is as private as we can make it. Shyamnet’s Customers are reminded that no computer network can ever be 
considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a 
secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method 
utilized.

3. Personal Files

Shyamnet is not responsible for any Customer's personal files residing on Shyamnet. The Customer is responsible for independent backup of the Customer's data that is stored on Shyamnet. Shyamnet reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between Shyamnet and the Customer.

4. Non-Transferability of Account

The right to use Shyamnet’s Internet service is not transferable. Use of Shyamnet accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Shyamnet(i.e., IP addresses and Class C address space) are the property of Shyamnet and are considered to be loaned to its customers. In the event service with Shyamnet is discontinued for any reason, such addresses will revert to Shyamnet. If a Customer of Shyamnet participates in a service of Shyamnet which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by Shyamnet.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Shyamnet’s service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Shyamnet. The Customer shall defend, indemnify and hold harmless Shyamnet from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Shyamnet service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Shyamnet or Shyamnet’s Acceptable Use Policies. At Shyamnet’s discretion, Shyamnet may revoke any Customer's access to Shyamnet services or accounts for inappropriate usage.

6.1

Customer represents and warrants to Shyamnet that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Shyamnet and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Shyamnet reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Shyamnet Customer as described in (a) and (b) below before such postings are forwarded and no refund will be given if the activity is proved to be spamming

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic, according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate, including articles used for marketing or promoting a site which resides on the Shyamnet network (Inappropriate Postings).

(b)  Sending Unsolicited Business Emails (Spam) from Shyamnet’s Network. Spam is defined as 20 or more unsolicited messages sent simultaneously.

(c)  Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than Shyamnet for the express purpose of marketing a site which resides on the Shyamnet network, or promoting a site on Shyamnet’s network through Spam from a non-related network. These tactics are defined as Spam advertisement.

(d)  Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Shyamnet.

(e)  Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f)  Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g)  Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h)  Use of IRC bots or clonebots on Shyamnet, whether on IRC servers controlled by Shyamnetor by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i)  Network unfriendly activity: Attempts to interfere with the regular workings of Shyamnet’s systems or network connections or which adversely affect the ability of other people or systems to use Shyamnetservices or the Internet, including, but not limited to:

1.  any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Shyamnet system;

2.  any use of this or any other Shyamnet system as a staging ground to disable other systems.

(j)  Any activity which violates the laws or statutes of the United States or India

8. Excess Utilization of System or Network Resources

Shyamnet account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Shyamnet determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Shyamnet to adversely affect Shyamnet’s ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to Shyamnet’s Internet service must comply with the rules for that other network as well as with Shyamnet’s rules.

10. Monitoring/Privacy

Shyamnet reserves the right to monitor any and all communications through or with Shyamne tfacilities. Customer agrees that Shyamnetis not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Shyamnet employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Shyamnet also reserves the right to access a Customer's mailbox or other files stored on Shyamnet systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

Shyamnet reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

Shyamnet will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Shyamnet’s judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. Shyamnet’s Right to Suspend or Cancel Account

Shyamnet reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Shyamnet that the Customer may be performing activities harmful to Shyamnet or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

Shyamnet reserves the right to collect damages (software, hardware and man hours) if any harm is done to Shyamnet which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Shyamnet may take or remedies available to Shyamnet in any way with respect to any of the described conduct. Shyamnet reserves the right to take any additional actions Shyamnet may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Shyamnet service, and levying cancellation charges to cover Shyamnet’s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Shyamnet reserves at all times all rights and remedies available to Shyamnet with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Shyamnet reserves the right to enforce such policy or rule at its sole discretion.

16. Shyamnet’s Right to Change Service

Shyamnet reserves to right to change without notice the Shyamnet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. Shyamnet’s Right to Modify its Acceptable Use Policies

Shyamnet may modify its Acceptable Use Policies upon notice published online via Shyamnet. Customer's use of Shyamnet services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. Indemnifications

Customer agrees to defend, indemnify and hold harmless Shyamnet and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:

A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:

-  (i) any Customer warranties, representations, or covenants hereunder;
-  (ii) inaccuracy of any information, including false advertising claims and unfair competition claims;
-  (iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page.

B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

19. Miscellaneous Provisions

19.1 - Prevention of Performance

The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.

19.2 - Entire Agreement

This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.

19.3 - Severability

The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.

19.4 - Amendments

No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.

19.5 - Waiver

Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.

19.6 - Notices

Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.

19.7 - Governing Law

This Agreement shall be governed by the internal laws of the Commonwealth of Virginia and the parties hereto agree that the courts in the Commonwealth of Virginia shall have exclusive jurisdiction for any claims or disputes which may arise hereunder.

Questions should be directed to admin@Shyamnet.com.