Terms & Conditions

Terms and Conditions

Last updated: August 16, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Mabia,.in
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: West Bengal, India
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Mabia.in.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Application or the Website or both or any other services provided by the company or its engased entity.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Mabia.in, accessible from https://mabia.in
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

However the user if redirected to other is subjected to abide by their terms condtions.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

The products and or services are sold here is as it is basis. There is no warrantee or guarrantee. Please check the products /services carefully at yiur satisfactory level. However we are trying our best to give you the best we can.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. mabia.in and its authority reserves full right to terminate the service with or withou showing any reason of termination .

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least notice prior to any new terms taking effect. However user is liable to check through mabia.in portal for changes or any notice regarding this.What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Terms Conditions

By accessing this website and its subdomains etc you are agree to follow terms conditions of this website.

That we may use your personal data as described in the privacy policy of this website.

We have the full power to change the tems conditions with or without notifying to the user. it is users responsibility to read the Terms Conditions, Privacy Policy etc regularly.

The service provided are having no warranty and supplied as it is basis.

Users must not use ther product or service to any illeagal activities in India and Abroad.

The software sold in this website are without any kind of warranty or guarantee and there is no liability to the manufacturer and the seller, suppplier. User shoul check and satisfy before its purchase.

Teaching services are noble and if user wand to donate by themselves they are free to do it by donation button in the website.

Third party affiliate product services etc are also available to this portal and users agree to abide by their rule regulations return refund policty privacy policy etc by visiting concerned websites and mabia.in its associate or owner is not liable for that.

User agree to abide by terms conditions etc of payment gateway services like razorpay, paypal upi etc by visiting their portal.

Return and refund of the products and goods is only available if the product/service is unused conditions. Defective product /services refund is fully under discreation of mabia.in and its authorised personnel. mabia.in and its owner has full right to reject or accept the refund request. Please go throught the return and refund policy.

Disclaimer

All the services and products provided under Mabia.in or Sahin Ahmed are meant to be used for lawful purposes only. Any usage that violates any Indian, state, or city law is strictly prohibited. This includes everything only using copyrighted materials or threatening or materials protected by some trade secrets. We are not responsible for the damages you suffer for violating our terms. We hold the right to change the TOS and other policies without prior notification.

Uptime

• Any service interruptions or downtime due to scheduled maintenance by Mabia.in or Sahin Ahmed or our network providers will not count towards the uptime guarantee.

• Mabia.in or Sahin Ahmed is not liable in any way for failure of third party services (Ex. Apache down, litespeed down or any other).
• Mabia.in or Sahin Ahmed will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Abuse

We strictly don’t allow any Websites or Content that promotes any illegal activity or present content that may damage our servers or any other server on the Internet. Linking such materials is also strictly prohibited. Any attempt made to undermine or cause harm to our servers is strictly prohibited, detection of such things may result in service suspension without prior notice. We hold the authority to suspend your account without refund in case we detect any such malicious activities. Server abuse includes but is not limited to the following.

A. CPU/Resource intensive Programs.

B. Denial of Service Attacks.

C. Hacking/cracking of any kind (This includes exploits).

D. Account trading.

E. Spamming.

G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.

H: We do not allow IRC on our VPS and Shared servers. We allow game servers on our VPS accounts however they must follow our server resource policy.

I: Warez, image/file dump, mirror, or ad services.

J: Sale of a controlled substance or online pharmacies.

K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.

L: Brute force programs, IP scanners, mail bombers, and spam scripts.

M: Personal Proxies are allowed.

Cancellation Policy

Mabia.in or Sahin Ahmed reserves the right to cancel any service at any time under some circumstances. If the suspension or cancellation of services is done because of policy violation, you are not eligible for a refund at any case. Customers can cancel any service at any time. But no refund will be provided if requested after 7 days of purchase (Only on Managed Web / Shared Hosting). No refunds will be provided for VPS and dedicated or custom plans.

If you cancel your account, and your payments still continue to recur for any reason such as.

1) By the mistake of Mabia.in or Sahin Ahmed staff.

2) By the error of the credit card processor.

3) By the error 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. All the licenses provided with services and add-ons are non-refundable.

Stotage:

1) You can’t host video, music sites.
2) You can’t use our web hosting for storage.
3) You can’t use our web hosting for backuping You files.
4) You can’t upload multiple large files.
5) Every email account maximum storage size is 500MB.

Content

Hosting content that promotes any adult content, Video sites & Music sites. And any racism content, it’s not limited to colour, religion, creed or any beliefs will result in immediate suspension of services. You can’t use web hosting as a file hosting to store your files. We allowed cron for minimum 15min, if you use for lower then 15min then we have rights to suspend your hosting account.

Adult Content

Websites that promote adult content, pornography or sex-related content is allowed under some circumstances, contact the support team before including such content. Child pornography is strictly prohibited, in case we find any Child Pornographic content, we’ll immediately suspend your services.

Copyrighted Content

If we received any kind of copyrighted content notice by DMCA, then we will take immediate action on it and suspend your Website and account without giving you notice. If you repeat it, we will charge a fine of minimum ₹3,500 to ₹10,000 on it.

Backups and Data Policy

All our servers have backup equipment (Under managed plans). But we still can’t guarantee that all your material will be backed up. So, please take regular backups of your accounts or data. If you want special arrangements for data backups, kindly contact our support team. For managed shared hosting we have daily backups policy, and it’ll be retained for 30 days. We are not responsible for any loss of backups or data.

Spam / Mail Policy

We don’t allow spam or bulk emailing in any circumstances. You can’t use our servers or any services for bulk or unsolicited e-mails. You can send 350 messages per hour with your account. Subscribing email addresses to any mailing list without the express permission of the email address owner is prohibited. All mailing lists run on our servers must be Closed-loop (Confirmed Opt-in). User may be charged a fee for blacklist removal of ₹30,000 or more.

Data migration Policy

Mabia.in or Sahin Ahmed provides migration assistance for shared and managed clients. You can migrate your data quickly to our servers. You have to open a support ticket with access to the old server for migration.

Refusal of service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Legal

Mabia.in or Sahin Ahmed holds the right to changes prices, policies, and configurations of any account when needed without any prior notice.

Mabia.in or Sahin Ahmed expects that its customers will abide by all of our rules and all applicable laws. A subscriber’s failure to comply with those laws will violate Mabia.in or Sahin Ahmed policy. Finally, Mabia.in or Sahin Ahmed wishes to emphasize that in signing the service agreement/terms condition, subscribers indemnify Mabia.in or Sahin Ahmed for any violation of the service agreement, law, or Mabia.in or Sahin Ahmed policy, that results in loss to Mabia.in or Sahin Ahmed or the bringing of any claim against Mabia.in or Sahin Ahmed by any third-party. This means that if Mabia.in or Sahin Ahmed issued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Mabia.in or Sahin Ahmed, plus costs and reasonable attorneys’ fees.

Service charges

Mabia.in or Sahin Ahmed holds the right to changes prices, policies, and configurations of any account when needed without any prior notice.

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