All users of CMS Webcorp services, and all customers upon signing up for CMS Webcorp services, agree to comply with CMS Webcorp Terms of Use (TOU). The spirit of the TOU is to ensure customers are using CMS Webcorp's services with due regard to the rights of other Internet users and in conformity with the requirements of CMS Webcorp network environment. The TOU are not exhaustive and CMS Webcorp 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.cmswebcorp.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be reported on www.cmswebcorp.com. The TOU supersedes any other agreement with CMS Webcorp, whether written, oral, by conduct, or otherwise

  • Content - Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high resolution images etc. Content not used for a website cannot be stored in it's space. Only normal contents such as html pages, scripts, images related to website, database can be hosted in a shared space. Audio / Video and high resolution images storage is not allowed in shared accounts
  • 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 CMS Webcorp's 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 CMS Webcorp server, and selling or distributing software (on a web site residing on a CMS Webcorp server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. CMS Webcorp 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 CMS Webcorp 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 CMS Webcorp services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
  • Resource Usage - Stacking large number of emails increases inodes and results in file system corruption. It also hinders various server level processes from functioning at normal load. Hence all mails has to be downloaded from the server then and there. Hosting accounts cannot be used as email storage space. Customer accounts such as personal, small biz and accounts under resellers can use disk space upto to 500 MB maximum. Only files required for running of the website such as html,php etc can be hosted. Zip archives, downloads, videos, audio files and other software or warez downloads are strictly prohibited. Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers.
  • Inodes - Inode count in a particular account may not exceed 75000. A single inode represents a file in your website ( Includes image, files, emails etc). Frequent creation and deletion of inodes is also prohibited. Most of the cases inode generation is too high due to default or catch all mail ids. It is better to keep them as :fail: which will avoid mails getting stacked up in the server thus increasing inodes creation.
  • Back Up - CMS Webcorp is in NO way responsible, for the management and backup of all your and your customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with CMS Webcorp services. You agree that you are solely responsible for maintaining back up of your website files, emails, database etc at your end.
  • Bandwidth Usage - Per site should not exceed more than 5000 MB Bandwidth per Month in shared small biz, individual accounts under reseller account. Each account is allotted with certain bandwidth limit on monthly basis. In case an account should exceed the allowed limit, CMS Webcorp reserves the right to keep it suspended till the next bandwidth calculation period starts. Customer may be presented with options to upgrade to a higher account and / or purchase additional bandwidth. CMS Webcorp also reserves the right to terminate the account and charge you for the excess usage in your account.
  • Database Usage - Running queries which takes longer than 15 seconds are prohibited. Mysql databases can be managed using php my admin available in the hosting control panels. Remote accessing of MySql database using local applications or programs is not allowed.MSSQL access via programs is allowed only for IPs within our network. Programs cannot access databases outside our network.
  • Payments, Billing and Pricing - Please note that CMS Webcorp offers various payment options for ease of payment to the customer. Transaction fees, service charges of such payment options are separate and must be added to your total account fee separately and paid in total. Once you make the payment, you must intimate CMS Webcorp by creating a ticket in the members area with full details such as To which of our account payment was made, Mode of payment, Amount paid, Service for which the amount is paid, Date of payment and other payment details such as Bank, Branch, Account number details. If you do not have access to the members area, you may create a ticket at www.cmswebcorp.net.in. If no such intimation is provided, account setup or renewal or other account related functions cannot be completed. CMS Webcorp will take 48 hrs - 72 working hrs to verify and execute an order. Usually it takes only few min, but in rare cases we may have to verify fraudulent payments and hence 48 hrs - 72 working hrs will be the time taken to verify and execute an order.
  • Cancellations and Refunds - Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact CMS Webcorp Billing Team by creating ticket in the members area with proper payment details and account details. Cancellation requests must be received by CMS Webcorp a minimum of thirty (30) days prior to the end of your Billing Cycle. CMS Webcorp will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact CMS Webcorp as soon as possible. Only first time accounts are eligible for refund. Accounts created by the same customer / related to the same customer will not be eligible for refund. Domain Credits purchased cannot be refunded. Strictly NO refunds will be processed if an account has violated the terms of service or involved in activities that has resulted in incurring charges to bring back services to normal. VPS are not eligible for any refunds.
  • Reseller / Customer Responsibility - Resellers are responsible for servicing their clients. CMS Webcorp does not provide service to a Reseller's Client. If a client contacts us directly, we may put the account on hold till the reseller assumes service to that client. Reseller is responsible for his client's accounts and must make sure that it is secure and updated with out vulnerabilities such as old / outdate scripts, wrong folder permissions etc. Reseller is solely responsible for content stored and transmitted thro the accounts hosted under him.
  • Indemnification - CMS Webcorp customers agree to protect, defend, hold harmless, and indemnify CMS Webcorp, any third party entity related to CMS Webcorp (including, without limitation, third party vendors), and CMS Webcorp executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as CMS Webcorp, 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 CMS Webcorp services.
  • Assignment - Customers may not assign or delegate their rights or obligations under the TOU or other agreement for CMS Webcorp services, either in whole or in part, without the prior written consent of CMS Webcorp.
  • Disclaimer - The CMS Webcorp 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. CMS Webcorp expressly disclaims any representation or warranty that the CMS Webcorp service will be error-free, secure or uninterrupted. No oral advice or written information given by CMS Webcorp, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CMS Webcorp 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.
  • Complete Agreement and Exclusivity - The TOU, and/or any other specific agreement for CMS Webcorp services, constitutes the complete understanding and agreement between CMS Webcorp and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of CMS Webcorp, 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 CMS Webcorp services is between CMS Webcorp and its customers only and will not confer any rights in any third party except as otherwise expressly provided by CMS Webcorp.