Terms Of Service
CUSTOMER MASTER AGREEMENT
This Customer Master Agreement (the “Agreement”) is made, entered into and executed between TalentHub (hereinafter referred to as “Organization or Service Provider”) AND you (hereinafter referred to as “Customer”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity. The Company and the Customer may be referred to individually as a “Party” and collectively as the “Parties”. This Agreement sets forth the general terms and conditions of Customer’s use of the products and services made available through the TalentHub website (“Offreee.com”).
Offreee.com, (hereafter referred to as TalentHub, we, us or our) is dedicated to providing its customers (hereafter referred to as Customer, you, or your) with an all-round top quality service, while at the same time satisfying our legal and ethical responsibilities. To this end, we have set out below our Terms of Service which is also the Acceptable Use Policy (AUP). Our AUP is incorporated into our Terms of Service (TOS) and any other contracts we have with you by this reference.
TalentHub reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed TalentHub may reasonably make to this agreement when such changes are made. If you have purchased services or software from TalentHub, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.
We reserve the right to make changes to this TOS at any time. We will provide you with notice of these changes by sending a notice to the email registered on file and posting a complimentary notice in your CORE Client Area. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty.
Failure to abide by the terms of this TOS shall be grounds for immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this TOS all possible unacceptable uses of the Services. We reserve the right to determine, in our sole discretion, what other activities are unacceptable.
It is your responsibility to ensure that your End Users comply with the terms of this TOS. Your failure to do so constitutes a violation of this TOS.
To report suspected abuses or any violations of these policies, please contact our abuse department at Live Chat or Support Ticket from your Client Panel
The TOS contains three sections:
A. Provisions for All Customers
B. Provisions for Public Cloud Hosting Customers & Free Startup-Tier Accounts Only
C. Provisions for Private Cloud Hosting Customers Only
1. Illegal Usage
TalentHub servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.
The only email marketing activities allowed under this TOS are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarize yourself with this act before engaging in any email marketing activities using our services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this TOS for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.
Spam is strictly prohibited under this TOS. Violations of our spam policy shall result in a minimum Rs 20000/- fine and possible termination and/or suspension of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorized advertising and promotional materials such as “junk mail,” “instant messaging,” “chain letters,” or “pyramid schemes.” An electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
You shall also be in violation of this section if you engage in any of the foregoing activities using the service of another host, but use our Services as a mail drop for responses, or to host a site advertised in spam.
This TOS also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measure, data or traffic; 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.
You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information.
You shall not, and your End Users shall not, use our services to violate the intellectual property rights of others, including, but not limited to, copyright, trademark, trade secret and patent rights. You shall not, and your End Users shall not, use our services to violate the recognized rights of others, including, but not limited to, acts that defame, harass, abuse or threaten others.
Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org
Use of the services by you and/or your End Users is governed by Indian Cyber laws. These laws apply regardless of whether you and/or your End User actually reside in the India. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries.
We own the IP numbers and addresses that may be assigned to you pursuant to your use of the services. These addresses may not be assigned or transferred, and are recycled upon termination of the services. We reserve the right to change these numbers. We are required to comply with ARIN policies and procedures regarding IP addresses. You may not terminate your Services should a change in ARIN policy affect your use of the Services.
You are responsible for ensuring that materials disseminated or posted using our services comply with this TOS and relevant laws, including materials that have been posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our servers as set forth in the TOS.
Your violation of any of the terms of this TOS may result in immediate suspension or termination of your account, without notice. We are the sole arbiter of what constitutes a violation of this TOS.
Upon learning of an alleged violation, we shall initiate an investigation. During this time, it may be necessary to restrict your access to the Service to prevent further potentially unauthorized activity. If such violation could constitute a criminal offense, we may notify the appropriate law enforcement authorities.
Under no circumstances shall we issue credits for suspension of your Service because of an TOS violation. You agree to hold TalentHub harmless from any claims that a suspension or termination of Services for this reason has damaged an End User.
We may disclose information, including information that you and your End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We have no obligation to inform customers or End Users that this information has been disclosed and in some cases may be prohibited by law from doing so. We also may disclose such information when it is necessary to protect us or others from harm.
The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, indicates your unfamiliarity with use of the services, or if you abuse our support staff, we may terminate your account.
On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to our network. It is your responsibility to provide us with a working, monitored, email address, and to update us on any changes to your account or contact information. We have no responsibility for communications misdirected as a result of your failure to provide us with correct contact information.
The provisions of this section also apply to all customers with public cloud hosting accounts:
You agree to restrict your use of the public cloud hosting services to the direct serving of web content over the HTTP protocol. Misuses include, but are not limited to, scientific/ grid/ distributed computing, data warehouse/backup storage, and bandwidth sinks. We shall determine, in our sole discretion, what constitutes a misuse of the public cloud hosting services. If you are unsure of an application’s fitness for the public cloud hosting services, you should consult with us before using the Services in that manner.
Public cloud hosting accounts cannot be transferred or used by anyone other than a customer. You may not sell, lease or assign the connection or parts of the connection to any party other than those named in our records. Allowing ftp access and hosting websites of End Users is not a violation of this TOS.
We also do not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our public cloud/reseller hosting servers, and will not register or install any third party DLLs/EXEs or software on our public cloud/reseller hosting servers.
You are solely responsible for any breaches of security affecting the websites under your control. If your website or domain 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, you shall be responsible for the cost to rectify any damage done to your website and any other requirement affected by the security breach.
You may not engage in activities designed to monitor Internet traffic other than your own. This means, that you may not monitor our Internet traffic, nor the Internet traffic of any other entity.
C. Provisions for Public Cloud Hosting Accounts & Free Startup-Tier Accounts for Extra Resource Usage:
Any customer who uses all the allowed server resources in any Public Cloud Hosting plan or the Free Startup-Tier Plan, including, but not limited to, CPU time, memory usage, and network resources, must : (a) pay extra for extra addons, depending on the resources needed, or (b) reduce their use below the limitations of allowed in the respective hosting Plan mentioned in the homepage https://offreee.com.
The provisions of this section also apply to all customers with Private & Dedicated Cloud Hosting accounts:
You are solely responsible for any breaches of security affecting the servers under your control. If your 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, you shall be responsible for the cost to rectify any damage done to your server and any other requirement affected by the security breach.
1. Background Running Programs
We do not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
We do not allow IRC server, IRC bots, or IRC shells to be operated on our network.
3. Domain Names
We will take necessary steps to register domain names on your behalf when requested. However, you are responsible for renewing your domain names. We do not take responsibility for failing to renew domain names. If your domain name was registered by us, you must check and take appropriate actions to renew your domain when it is about to expire. We do not handle renewals unless you send, within 7 days prior to its expiration, a ticket to our helpdesk.
As we allow you to host your domain name free initially using our Free Startup-Tier Plan, all new public cloud hosting accounts on our order page are activated instantly for your domain to go live and is manually reviewed within 24 hours by our account administrators for a final approval whether to allow you to use our service or terminate your account for not abiding our TOS.. You will receive emails including login details after your account creation. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Offreee, this process may sometimes be delayed.
In order for your domain name to point to the Offreee server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are mentioned in the home page under the Frequently asked questions at https://offreee.com and they are defined in a pair (primary- ns*.amoncloud.com and secondary- ns*.amoncloud.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.
Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to CORE and away from your original registrar. You must create an account at core.Offreee.com and initiate a transfer. A domain transfer is INR 799 (subject to change without notice and anytime by us )and that goes toward one year of registration with Offreee Domains, added on to your current registration period with the previous registrar.
Offreee will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Offreee Domains does not take responsibility for failing to renew domain names. Please note that domain registration is irreversible. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk.
TalentHub. believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.
We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if TalentHub. is made aware of any questionable content on a Offreee-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Offreee server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
TalentHub., makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall TalentHub. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.
It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.
We are always evolving to stay competitive in our market so, in the future, if modifications are made to your respective plan’s specifications and/or price, the change will not automatically take effect on your plan. It is the sole responsibility of the client to request any updates or modifications to a plan.
By registering your domain with TalentHub. you agree to the Registrant Rights & Responsibilities as outlined by ICANN here.
As consideration for the software or services purchased by you and provided to you by Offreee, you agree to pay Offreee at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Offreee expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address or by using our online payment gateway partner.
Our Paid services are all billed monthly, quarterly & yearly as per the chosen billing term by you. Offreee will renew your services when they come up for renewal only after taking payment from you. All customer need to pay in advance to use any of our paid service or software or addons.
If for any reason, Offreee is unable to charge your payment method for the full amount owed, or if Offreee is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Offreee may peruse all available remedies in order to obtain payment from you. You agree that among the remedies Offreee may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.
You agree that you are solely liable for arranging that your services are renewed, and that Offreee shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.
If at any time, your hosting services become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that Offreee.com holds the right to deny all services to clients with past due balances. This may or may not affect clients with multiple accounts, as a past due balance, regardless of which individual package it applied to, will cause interruption in all services provided by Offreee.com.
If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A INR 2500 charge back fee will be added to the amount disputed by the customer.
We only accept credit cards, debit cards, or PayPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.
Any debt not paid 7 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a INR 2500 collection fee added to the balance previously due.
Please note that Offreee.com holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.
PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK.
All private cloud / dedicated server and collocation server invoices will be generated by the 25th day of each month.
All server invoices are due on the first of the month unless otherwise specified on your invoice.Invoices are considered as late after the 4th day of the month. After this date, past due clients will be subject to suspension and a INR 700 late fee will be applied.
Suspensions will run between the 5th through the 7th day of each month. We avoid running suspensions over the weekend in order to avoid inconveniencing our clients with prolonged downtime.
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth overage warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
Public/Private Accounts – If you wish to cancel your services, you must request cancellation five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. The cancellation form is located in your client panel.
If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Offreee staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
The allowed bandwidth for any type of cloud hosting plan provided by us is auto reset to the allotted bandwidth limit each month.
TalentHub. provides free cPanel account transfers for all new private cloud hosting accounts & reseller (less than 30 days from sign-up date) and paid cpanel transfer for Free Startup-Tier cloud hosting accounts. Transfer requests submitted after this 30-day period are subject to transfer fees based on source account size. Please contact a member of our sales team for more information. All transfers from remote networks (servers hosted outside of the CTRLS data centers) are not guaranteed. There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.). We can only promise that we will make our best effort to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data.
Source Server Requirements:
· Active cPanel license
· Recent stable version of cPanel
· Perl 5.8.8
· MySQL4 or later (Note: All servers/accounts come with MySQL5. Please ensure database compatibility before submitting request.)
This Terms of Usage is effective as of January 20, 2018.