Custom Pages

Zimble One – Terms of Services & Legal Documentation

Zimble One Private Limited  ‘Acceptable usage Policy’

 

Zimble One Private Limited Acceptable Use Policy “AUP” is provided to give our customers and users a clear understanding of what Zimble One Private Limited expects of them while using our services. All users of Zimble One Private Limited’s services must comply with this AUP and our TOS (Terms of Service).

 

Use of Zimble One Private Limited Services constitutes acceptance and agreement to Zimble One Private Limited AUP as well as Zimble One Private Limited TOS (Terms of Service).

 

IMPORTANT NOTICE: *All Payments to Zimble One Private Limited are Non-Refundable.

 

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Zimble One Private Limited may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Zimble One Private Limited account / services or other actions WITHOUT PRIOR NOTICE.

 

This document is intended to provide a basic understanding of Zimble One Private Limited’s Acceptable Use Policy. The following are GUIDELINES for the establishment and enforcement of Zimble One Private Limited’s AUP.

 

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities, which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of users
  • Zimble One Private Limited intends to provide its customers access to everything the Internet has to offer. While Zimble One Private Limited is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Zimble One Private Limited and the Internet and cannot be permitted under the guise of free speech. The resources of the Zimble One Private Limited and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
  • We do not routinely monitor the activity of serviced accounts except for measurements of system utilisation and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
  • You may not use your dedicated rack or virtual site to publish material, which Zimble One Private Limited determines, at its sole discretion finds to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.
  • If a Zimble One Private Limited service/account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
  • As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at care@zimbleone.com.

 

VIOLATIONS OF Zimble One Private Limited ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

 

  • Illegal Use: Zimble One Private Limited’s services may not be used for illegal purposes, or in support of illegal activities. Zimble One Private Limited reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  • Harm to Minors: Use of the Zimble One Private Limited service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  • Threats: Use of the Zimble One Private Limited service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Harassment: Use of the Zimble One Private Limited service to transmit any material (by email, uploading, posting or otherwise) that harasses another.
  • Violation of Zimble One Private Limited serviced accounts: It is absolutely forbidden to host pornographic content on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
  • Fraudulent Activity: Use of Zimble One Private Limited service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes”, “ponzi schemes”, and “chain letters”.
  • Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous “remailers” or nicknames does not constitute impersonation.
  • Unsolicited Commercial E-mail / Unsolicited Bulk email (SPAM): Use of the Zimble One Private Limited service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Zimble One Private Limited serviced account.
  • IMPORTANT NOTICE: EFFECTIVE IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
  • Email / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Zimble One Private Limited serviced account.
  • Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Zimble One Private Limited service is in violation of this AUP.
  • Usenet SPAMing: Zimble One Private Limited has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  • Unauthorised Access: Use of the Zimble One Private Limited service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Zimble One Private Limited’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Zimble One Private Limited serviced account is subject to immediate termination.
  • Copyright or Trademark Infringement: Use of the Zimble One Private Limited service to transmit any material (by email, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
  • Collection of Personal Data: Use of the Zimble One Private Limited service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  • Network Disruptions and Unfriendly Activity: Use of the Zimble One Private Limited service for any activity, which affects the ability of other people or systems to use Zimble One Private Limited Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber must not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorised entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Any subscriber must not attempt to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  • Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  • Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements.
  • Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in immediate termination of the offending account.
  • Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Zimble One Private Limited services could result in suspension service.
  • Third Party Accountability: Zimble One Private Limited subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
  • Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server.
  • Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorised users is prohibited. You should take due care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimise unauthorised use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You must not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  • Users who violate systems or network security may incur criminal or civil liability. Zimble One Private Limited will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations
  • Network Performance: Zimble One Private Limited serviced accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in termination of users services / account.
  • User are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs, which negatively impact other customers or the performances of Zimble One Private Limited systems or networks. Zimble One Private Limited reserves the right to terminate or limit such activities.

 

REPORTING VIOLATIONS OF Zimble One Private Limited AUP

Zimble One Private Limited requests that anyone who believes that there is a violation of this AUP direct the information to care@zimbleone.com 

 

If available, please provide the following information:

 

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zones or offset from GMT
  • Evidence of the alleged violation
  • E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

 

Zimble One Private Limited may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member’s services / account
  • Terminate the Member’s services / account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages (This Agreement shall be governed for all purposes by the laws of India and the Courts of Delhi shall have exclusive jurisdiction over any and all disputes relating to this Agreement. Any disputes between the parties, in respect of this agreement or interpretation of any clause/s thereof, shall be governed by the provisions of The Arbitration and Conciliation Act, 1996 as amended up to date and the place of Arbitration shall be Delhi.)

 

REVISIONS TO THIS ACCEPTABLE USE POLICY

Zimble One Private Limited reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements.

 

Terms of Service Agreement

 

Zimble One Private Limited Terms of Service “TOS” is provided to give our customers and users a clear understanding of what Zimble One Private Limited expects of them while using our services. All users of Zimble One Private Limited’s services must comply with this TOS and our Acceptable Use Policy (AUP).

 

For the purpose of use of Zimble One Private Limited Services (Service Provider), it is mandatory to  accept the terms and conditions, set forth in the Terms of Service(TOS) and Acceptable Use Policy (AUP.)

 

This document creates a single master mechanism, under which the Client shall avail of the Zimble One Private Limited’s Services. This document is intended to provide a basic understanding of Zimble One Private Limited’s Terms of Service. The following are TERMS for the establishment and enforcement of Zimble One Private Limited’s TOS.

 

  • This Agreement enables the Client to obtain Quotes and place Ordering documents (POs or execute SOFs). The Client agrees that the PO / SOF (executed by both Parties) shall be treated as the order for purchase of Products and/or Services or renewal thereof.

 

ORDERS

  • All Ordering Documents or any other document entered into between the Parties in connection with this Agreement, executed by both the Parties shall be read with the terms and conditions of this Terms of Service Agreement. However, in case of contradiction between the two, the terms of this agreement shall apply.

 

TERM

  •   The term of this Agreement will commence from the earlier of execution of the date of the Ordering Document until the expiration or termination of the relevant services, associated ordering document and closure of payment.

 

 

PRICING, PAYMENT, TAXES & DUTIES:

  • The Client shall pay the Products/Service charges in accordance with the price and terms set out in the Ordering Document. The billing start date for each individual Products/Service(s) under the Ordering Document can be different if Products/Services under the Ordering Document have been provisioned for at different dates. The Service Provider reserves the right to revise the Service Charges for future services as may be mutually agreed with the Client in writing, upon the completion / termination of the initial Service term.
  • All disputes related to invoices must be raised in writing by Client within fifteen (15) calendar days from the invoice date, failing which it shall be deemed undisputed and amounts specified thereunder shall be payable by the Client on due date. Unless specifically agreed otherwise, payment is due on all invoices, without deduction or offset and free and clear of any deduction or other charges of whatever nature imposed by any taxation or government authority, save and except Tax Deduction at Source (TDS) as per the rate prescribed by the prevailing Finance Act.  Unless specifically agreed otherwise, prices do not include freight, handling, insurance, taxes or any other applicable fees. Even in the event the Provider agrees to an all-inclusive price, any change in (i) tax rate or any new tax; & (ii) any change in foreign exchange, shall be on account of the Client. In the event the Client fails to pay dues for Products and Services, as the case may be, the Service Provider reserves the right to suspend its work under this Agreement and the Ordering Document by giving five (5) calendar days’ notice in writing to the Client.
  • All applicable taxes shall be paid or reimbursed by Client, or in lieu thereof, Client shall provide the Service Provider with a tax exemption certificate acceptable to the relevant tax authorities. If required and/ or applicable under applicable local law, Client may deduct withholding taxes from payments to the Service Provider when making payment of an affected invoice. Client shall provide the Service Provider with appropriate receipts and other applicable documentation for any taxes so withheld and paid by Client to the applicable tax authority on behalf of the Service Provider.

 

WARRANTY

·  Unless otherwise specified, the Service Provider is not the manufacturer of the Products/OEM services and provides no warranty in respect of the Products/OEM services. The Service Provider provides the product/services under this agreement solely on ‘as is’ basis and disclaims any and all warranties of any kind with respect to the product/services. No representative of the provider is authorised to give any additional warranty.

 

CONFIDENTIAL OR PROPRIETARY INFORMATION

  • By virtue of transactions in connection to this Agreement, either Party or its respective employees/agents may receive access to information that is confidential to the other Party (“Confidential Information”). Confidential Information shall not include information that (a) is or becomes a part of the public domain through no act or omission of the other Party; or (b) was in the other Party’s lawful possession prior to the disclosure and had not been obtained by the other Party either directly or indirectly from the disclosing Party; or (c) is lawfully disclosed to the other Party by a third party without restriction on disclosure; or (d) is independently developed by the other Party. Confidential Information may be disclosed by the receiving Party to satisfy the order of a court or to comply with the provisions of any law or regulation in force provided that the receiving Party shall advise the other Party in writing prior to such disclosure. The Parties agree to hold all Confidential Information in confidence for a period of two (2) years from the date of first disclosure irrespective of termination of this Agreement. The Parties agree not to make any Confidential Information available in any form to any third party or to use Confidential Information for any purpose other than as provided under this Agreement. Each Party agrees to use the same degree of care that it uses to protect its own Confidential Information of a similar nature and value, but in no event less than a reasonable standard of care, to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.

 

SOFTWARE

  • Any software that is not owned by the Service Provider and is provided under this Agreement and the Ordering Document is provided on an ‘as is’ basis by the Provider and is subject to the licence terms that are provided with it.

 

SERVICE LEVEL AGREEMENT

  • The terms & conditions of the Service Level Agreement (“SLA”) of the Provider shall apply in the context of Service(s) contracted by the Client and are deemed to be incorporated into the Ordering document.
  • The SLAs shall not apply to the following Service(s) performance issues:
    • Caused by factors outside of the Provider’s reasonable control.
    • That resulted from any actions or inaction of the Client or any third parties engaged by the Client.
    • Caused by a Force Majeure event.
    • Planned / scheduled maintenance for which the Provider had provided notice of forty eight (48) hours or more.
    • Any Network outage arising out of virus / denial of service attacks and / or the usage / utilization in excess of contracted bandwidth / capacity of physical link.

 

TERMINATION

  • Either Party may terminate this Agreement in case of material breach by the other Party, after providing reasonable written notice and cure period. The notice and cure period shall depend upon the Party giving the notice but shall not in any event be less than thirty calendar (30) days from the date on which the notice has been received by the other Party.
  • In case any of the Parties are declared bankrupt or file a petition or have a petition filed against it under any bankruptcy, insolvency, re-organisation or similar law, or enter into compromise or attempt to compromise the debts owed by it to its creditors, the other Party shall have the right to forthwith terminate this Agreement.
  • If either Party’s performance is impacted by a Force Majeure event the other Party shall have the right to terminate this Agreement hereof.

 

INTELLECTUAL PROPERTY RIGHT AND INDEMNIFICATION

  • Neither Party will gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by the other Party. All copyrights, patents, trade secrets, trademarks and any other intellectual property rights existing prior to the Effective Date or developed independent of this Agreement shall belong to the Party that owned such rights immediately prior to the Effective Date or has developed such intellectual property right.

 

LIMITATION OF LIABILITY

  • The liability of the Provider for damages arising out of the provision of Services including but not limited to use of Services or arising out of failure to provide Services, representations, errors or other defects, whether caused by acts of omission or commission, shall be limited to the extension of credit allowances due under the applicable SLA. The extension of such credit allowances or refunds shall be the sole remedy for the Client and the sole liability of the Provider.

 

GENERAL

  • Each Party hereto shall be responsible for compliance with all applicable legislation, regulations and judicial actions, as now or as may become effective.
  • All notices to be given by the Parties hereto shall be in writing unless otherwise stated and shall be properly given when personally delivered or when sent by registered or certified mail or by a delivery service providing proof of delivery.
  • No waiver or abandonment by either Party of any of its rights in terms of this Agreement, shall be binding on that Party, unless such waiver or abandonment is in writing and signed by the waiving Party, and shall be effective only in the specific instance and for the purpose given.
  • Force Majeure: Except with respect to accrued payment obligations, neither Party shall be liable to the other for failure to perform or delay in performance under this Agreement if, and to the extent, such failure or delay is caused by conditions beyond its reasonable control and which, by the exercise of reasonable diligence, the delayed Party is unable to prevent or provide against. If a Party (“Affected Party”) is materially prevented or delayed from performing any of its obligations under this Agreement by reason of a Force Majeure event, such obligations of the Affected Party and any corresponding or related obligations of the other Party shall remain in effect but shall be suspended without liability for a period equal to the duration of the Force Majeure event, provided that, the Affected Party so delayed in its performance, shall immediately notify the other by email, or by the most timely means otherwise available only in writing.
  • Survival of terms : With the exception of the Service Provider’s obligation to provide Products and/or perform Services, as the case may be, after the effective date of termination of this Agreement, the Client’s obligation to pay for the Products and Services provided by the Provider after the effective date of any such termination, of this Agreement shall survive the termination of this Agreement.
  • Governing Law: This Agreement will be governed exclusively by the laws of India, excluding any conflict of laws rules that may apply.
  • Arbitration: In the event any dispute or difference arises out of or in connection with this Agreement and/or Ordering Document (hereinafter referred to as the “Dispute”) between the Parties, the Parties shall attempt in the first instance to resolve the Dispute amicably through mutual discussions. If the Dispute is not resolved through mutual discussions within 30 (thirty) days after a Party informs the other Party of the existence of the Dispute in writing, then either Party shall refer the Dispute for resolution by arbitration. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 or any statutory re-enactment or modification for the time being in force (“Arbitration Act”) and the place of arbitral proceedings shall be New Delhi.
  • Corrupt practices: The Client shall comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption.

 

 

REVISIONS TO THIS TERMS OF SERVICE

Zimble One Private Limited reserves the right to revise, amend, or modify this TOS, our AUP (Acceptable Use Policy) and our other policies and agreements.