TERMS OF SERVICE
The following Terms of Service ("TOS" or "Terms") apply to your use of our website and all services, features and/or content provided by Ucartz. Ucartz is the trade name of Ucartz Online Pvt Ltd. By purchasing one or more Services from Ucartz, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the Ucartz website. You must read this TOS before purchasing any Service(s) from Ucartz.
With this, the Client agrees that this Agreement, any and all Addendums hereto, and any and all related Service Orders which are incorporated herein by reference constitute the complete Agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings, written or oral regarding such subject matter.
Ucartz may terminate this Agreement immediately and without notice if the Client violates its terms, its Acceptable Use Policies (AUP), its policies, or the law.
The use of services from Ucartz Online Pvt. Ltd. [hereafter referred to as "Ucartz"] constitutes Agreement to these terms.
TOS v5, updated March 2022
1.) Ordering Services
a. Client Account
To be able to order Ucartz Services, the Client completes the online signup, located at https://www.ucartz.com/clients/index.php. It is clients' responsibility to provide us with an email address which is not @ the domain(s) the Client is signing up under. If there is ever an abuse issue or we need to contact the Client, the primary email address on file will be used for this purpose. It is Clients' responsibility to ensure the email address on file is current or up to date at all times.
b. Order Acceptance / Email on file
All orders are subject to acceptance by Ucartz. Ucartz may refuse to accept any order. Such refusal may not be unreasonable, however, and we agree to provide the Client with notice via email of any intent to delay or decline the acceptance of any order.
c. Invoicing / Payment / Service activation
General:
The Client agrees to pay all charges in advance for the Service selected by the Client in the Customer Order Information form incorporated in these terms and conditions by reference, including all monthly fees, additional product charges, and optional charges incurred by the Client. We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud.
Payment is due upon invoicing. Service may be interrupted on accounts that reach 3 days past due. Accounts that are not collectable by Ucartz may be turned over to an outside collection agency for collection. You agree to supply appropriate payment for the services received from Ucartz, in advance of the period during which such services are provided. You agree that until and unless you notify Ucartz of your desire to cancel any or all services received, those services will be billed on a recurring basis. As a client of Ucartz, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
Order Acceptance. Services are activated after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. We do not gurantee the setup within the specified time in the website. Setup time is not guaranteed during outside office hours and on weekends. No refund shall be granted on such causes.
Fresh order:
Instant invoices are generated for services during the order process. These invoices are expected to be paid within three days. The unpaid orders are automatically cancelled after the third day, and fresh orders must be placed later.
Existing Service:
Invoices are generated 7 days prior to the due date and a copy of invoice is sent to the Client Zone registered email of the Client. Service may be interrupted on accounts that reach 1 days past due. Accounts that are not collectable by Ucartz may be turned over to an outside collection agency for collection. You agree to supply appropriate payment for the services received from Ucartz, in advance of the time period during which such services are provided. You agree that until and unless you notify Ucartz of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Domain Payments:
a. Domain Registrations: No refund is applicable once the domain is registered.b. Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: myntrasale.in, icicikart.co.in, bajajsales.com.
c. Domain Renewal: Domain renewal notices and invoices are provided as a courtesy reminder and Ucartz cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Once a domain is renewed no refunds will be given.
d.Domain Contact: If the Client has a domain name registered with Ucartz, it is the Client's responsibility to ensure that the contact information for the domain account and the actual domain name(s) is correct and up-to-date. Ucartz is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If the Client need to verify or change this information, Client should contact our sales team via email. Providing false contact information of any kind may result in the termination of the Client account.
Dedicated Server:
In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If the Client fails to meet these requirements, the order may be considered fraudulent in nature and be denied.
IP Address Allocation:
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with the policies of ARIN/RIPE. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
d. Transfers
Web Hosting/Reseller Web Hosting:
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30-day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.
Self-Managed VPS Hosting/Dedicated Servers:
We do not do any website transfers for these plans.
Fully Managed VPS Hosting/Dedicated Servers:
We perform website transfers anytime upon request. However, the no. of websites that can be transferred can be decided by the technical team depending upon the ticket flow during the time.
2.) Backups and Data Loss
Your use of this Service is at your sole risk. This Service is provided to you as a courtesy. Ucartz is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Ucartz servers.3.) Cancellations and Refunds
Cancellations will only be accepted via our cancellation request option in the Client Portal. Cancellations that are not made via the form will be ignored and will not be processed. In order for your cancellation to be successful, you must receive confirmation from Ucartz. If you do not receive confirmation from Ucartz, do not assume your account is being cancelled. You are then required to submit your cancellation in writing if you do not receive a response via email. All cancellations must be made fifteen (15) calendar days prior to the next billing cycle. Any cancellations made after this are not valid and will not be prorated. After we confirm the cancellation, the Service can never be restored.Its the Client's responsibility to stop all subscription payments upon service cancellation. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.
Ucartz reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation, and Ucartz is not responsible for any change in exchange rates between the time of payment and the time of refund.
Client's may cancel at any time via a cancellation form. Ucartz gives you 14-day conditional money-back guarantee on shared hosting, VPS services for any Client for his/her first invoice. You are entitled to claim our 30 days-money back guarantee for Radio hosting and Reseller hosting services for his/her first invoice. The money-back is subject to valid reason from the Client. If the reason is a technical issue, it may be escalated to the technical team for resolution and granting of refund is subject to this resolution.
Our special promotions are excluded from our money-back guarantee.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers/Indian Gateway Payments
- Western Union Paymentss
- Cheques
- Money orderss
- Perfect Moneys
- Bitcoins
Violations of the Terms of Service or AUP will waive the refund policy. No refunds will be provided if Service is terminated due to Abuse activities.
4.) Bandwidth Usage and Calculation
You are allocated a monthly bandwidth allowance. The Bandwidth is calculated from 1st day of a month to the last day of it. Its not calculated based on your monthly billing period. The Bandwidth usage statistics gets reset every last day of the month. This allowance varies depending on the hosting package you purchase.If the Client s' account exceeds the bandwidth limit, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. The account would be reactivated in the following month. Unused transfer in one month cannot be carried over to the next month.
5.) Reseller: Client Responsibility
- Using a shared hosting account to resell web hosting to others is not allowed. Reseller hosting plans to be considered if you want to become our reseller.
- Resellers must assure that each of its clients, follow this Agreement.
- Resellers are completely responsible for supporting their clients including Client service, billing and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client's issue must be reported by the reseller on the user's behalf.
- If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes.
- Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their Users. We may hold any reseller responsible for any activity from their client's account that violates the law or this Agreement.
- The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Client resulting from the actions or omissions of the reseller.
- The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate.
6.) Semi Dedicated Servers / VPS / Dedicated servers
Semi-dedicated servers/VPS/dedicated servers are not backed up. You must maintain your own backups.Ucartz reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Ucartz reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.
Kali-Linux VPS Setup. The account is delivered instantly they can sometimes be delayed, if the delay is going to be longer than 24 hours you will be contacted by one of our sales consultants.
Reseller or Licensor. Ucartz is a reseller or licensor of certain third party products and services (collectively, "Third Party Services"). Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. Ucartz is not be responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. You are entitled to use Third Party Services supplied by Ucartz only in connection with your permitted use of the Services unless otherwise expressly provided.
Third-Party Links
Our site may contain links to external third-party products or services which may or may not related to Ucartz.com. We have no control, responsibility or liability for the content and activities of these linked sites. Hence, we strongly advise you to check their privacy policy before accessing any of these sites or links present on our site.
7.) Streaming (Audio/Video) Services
a.Content and Copyright- The Operator is not liable for the content transmitted, broadcasted and/or published by the Client.
- The Client is solely responsible for having all proper licenses, entitlements and agreements allowing the Client to legally broadcast an audio-phonic transmission via the Internet as well as for covering all required royalties.
- The Client is obliged to monitor the limits assigned to the Service. If the limits are exceeded, the Service can be turned off automatically.
- If the Client uploads files that are not audio files and cover art images, the Operator can remove such files from the server and suspend or terminate the Service. This regulation does not apply to the Web Hosting Service.
- The content of the Client 's broadcast may not contain, or provide references to anything illegal.
- The Client cannot upload, collect or share any illegal files using the Service.
- All files stored on Ucartz's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. In case we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
- The maximum listener limit for Unmetered Services is 999.
- Disk space for Unmetered Services equals the currently available disk space of a machine shared by all the Customers using the same machine. In case if we find overselling, the suspected account needs to upgrade to a higher package or purchase a Dedicated server. We reserve all the right to suspend the account and/or charge you an additional fee for the overages or terminate the account for the violations of the Terms of Service or AUP.
- Ucartz does not set any specific limits on the amount of disk space a hosting/reseller service, nor does Ucartz charge additional fees based on an increased amount of storage used. Please note, however, that the Ucartz services are designed to host streams. Accounts with an excessive file size negatively affect the performance of the server. Ucartz may request that the file sizes be reduced to ensure proper performance or may disable the account, with or without notice.
- Ucartz unequivocally prohibits the utilization of its services for the sole purpose of backup data storage or data hosting. Specifically, users are not permitted to host files, including videos and audio, on Shared Hosting Packages for such purposes. Any detected violation of this policy will result in the immediate termination of the hosting account, with or without prior notice.
- Each shared user account is strictly prohibited from exceeding a monthly data transfer limit of 50GB. This limitation applies universally to all users of our shared services. Any excessive data consumption beyond this specified limit may result in account suspension or termination, as well as potential additional charges at our discretion. We reserve the right to monitor and enforce this policy to ensure fair and equitable usage of our resources for all users. Your continued use of our services constitutes your acceptance of this bandwidth usage policy.
- Bandwidth abuse, including excessive data consumption or any activity that disrupts the quality of service for other users, is strictly prohibited in our shared radio streaming service and may result in immediate account suspension or termination.
8.) Billing Policy
Client is responsible for all charges, costs, expenses and other fees (the "Fees") associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. The invoice will also be available in the "My Invoices" section of the Client Portal. You are responsible for the fees and charges set out within the emailed invoice you pay on the Effective Date and any other invoice generated for a Renewal Term.
If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date.
b. Domain Name Renewal. Domain names are set to automatically renew five (5) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
c. Dedicated Server. Ucartz Dedicated Server will be billed on a monthly basis; existing Ucartz customers may remain on a pre-paid billing plan. Termination must be requested 15-day prior to the next due date. Ucartz reserves the right to alter the dedicated server packages advertised on its website at its discretion. Ucartz is not required to upgrade Clients' hardware or bandwidth allocation as a result of a pricing or service package change. Additional charges will applied associated with any such hardware upgrade requested by Client. In addition, in the event that any amount due remains unpaid after such payment is due for a dedicated servers, Ucartz, in its sole discretion, may immediately terminate the service.
d. Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.
e. Price Changes/Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.
f. Statements. Ucartz does not mail paper invoices or statements. Statements can be viewed and printed through Ucartz's Member Area. Clients' may elect to receive their monthly account billing statement via email. This option may be selected in Member’s Area.
g. Delivery Policy. Subject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way of email. Orders are processed instantly in most cases.
9.) Contents, Sweepstakes & Promotion
Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules shall apply. In particular, for avoidance of doubt, after any trial period of any Promotion, automatic billing may be enabled.10.) 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 an 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.11.) 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.12.) Viruses and Other Destructive Activities
Use of Ucartz's 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 Ucartz's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.13.) Ucartz's Intellectual Property
Customers will not, without Ucartz's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Ucartz's web site, and customers will not use any of Ucartz's trademarks, service marks, copyrighted materials, or other intellectual property without Ucartz's express written consent. Customers will not, in any way, misrepresent their relationship with Ucartz, attempt to pass themselves off as Ucartz, or claim that customers are Ucartz.14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price unless otherwise specified.15.) Monitoring
Ucartz services, including all related equipment, networks and network devices are provided only for authorized customer use. Ucartz systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Ucartz system(s) constitutes consent to monitoring for these purposes.16.) Taxes
Ucartz and the Client both agree to pay any and all taxes that are imposed on Ucartz or the Client's respective business. If Ucartz is required to pay taxes for the Client, the Client will immediately reimburse Ucartz for those taxes and any fines, penalties and interest.17.) Authorizationn
By signing or accepting this Agreement the Client is stating that the Client is the owner, operator, and/or a designated officer of the business, with the authority to enter in to this Agreement, and have obtained all the necessary licenses, copyrights and/or certificates required to perform the Client's obligations. The Client will follow all laws and legal regulations that relate to the Client's business regardless of where those laws and regulations originate, and will comply with any laws and regulations that may apply in the future.18.) Indemnification
The Client is solely responsible for the Client's content, advertising and promotion, and that of anyone referring others to the Client's website. The Client is also responsible for insuring that the Client is the rightful owner or licensee for any copyrighted material, trademarks, or items that appear on the Client's website.The Client will take all necessary measures to preclude Ucartz from being made a party to any lawsuit or claim regarding the service provided to or by the Client, or any end user. The Client hereby agrees to indemnify Ucartz and hold Ucartz harmless from any and all claims of whatever nature brought by any anyone against Ucartz in excess of the remedy set forth herein.
The Client hereby agree to reimburse Ucartz for any and all expenses including legal fees associated with Ucartz being involved with any civil, criminal, regulatory or investigatory actions brought by the Client or against the Client by anyone, including expenses associated with providing information that Ucartz, in its sole discretion, believes it legally must provide or has been authorized by the Client to provide. The Client also understand and agree that Ucartz will deduct those expenses from monies due to the Client and the Client agree to reimburse Ucartz for any expense that exceeds what Ucartz is able to deduct from the Client's account.