All users of BW Creative services, and all customers upon signing up for BW Creative services, agree to comply with BW Creative Terms of Use (TOU). The spirit of the TOU is to ensure customers are using BW Creative’s services with due regard to the rights of other Internet users and in conformity with the requirements of BW Creative network environment. The TOU are not exhaustive and BW Creative reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.bwcreativepanipat.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to info@bwcreative.in. The TOU supersedes any other agreement with BW Creative, whether written, oral, by conduct, or otherwise.

1. Content

BW Creative servers and other infrastructure may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing BW Creative services, all BW Creative customers certify that they and/or the organization they represent in procuring services from BW Creative are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a ‘suspected terrorist’ as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. of India.
The following are the list examples of items that are not allowed to be hosted in any account;
• Ponzi Schemes, Money Pyramid Schemes, FOREX, E-Gold
• Proxy, Bots, Spam Bots, Port Scanners, IP Scanners, Mail Harvesting Scripts, Brute Force Scripts, Top Sites, Chat Rooms
• Banner Rotators, File Dumps, Using disk space as Secondary Storage
• Escrow, Sales of illegal pharma, drugs, explosives
• Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal Downloads, Pirated Software Distributions
• Streaming of live copyrighted events
• Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of BW Creative.

The customer is solely responsible for security of any software/scripts installed in their account. You must maintain proper permissions to all folders and files in your website and should keep passwords and other login credentials safe. We advise you to use strong password and keep changing them at least once in a month.

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 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.

Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high resolution images etc. Content not used for a website cannot be stored in it’s space. Only normal contents such as html pages, scripts, images related to website, database can be hosted in a shared space. Audio / Video and high resolution images storage is not allowed in shared accounts.

Any violation found or reported to any of the above clauses will result in account suspension or termination with or without notice.

2. Back Up

BW Creative is in NO way responsible, for the management and backup of all your and your customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with BW Creative services. You agree that you are solely responsible for maintaining back up of your website files, emails, database etc at your end.

3. Payments, Billing & Pricing

Please note that BW Creative offers online payment options for ease of payment to the customer. Transaction fees, service charges of such payment options are separate and must be added to your total account fee separately and paid in total.

It is customer responsibility to intimate BW Creative about the payment & other details and make sure that an domain / account renewed. Domains/ Accounts must be renewed atleast 30 days prior to expiry to prevent last minute glitches, act of god, issues at registry’s end etc.

It is the responsibility of the customer to make sure that correct and working email id is in file with BW Creative. BW Creative will send all email alerts about renewals, registration, transfers, offers as a courtesy by email. It is the responsibility of the customer to login to the members area and respective control panels to keep track of their account status.

All account fee must be paid in advance in full before the actual term. BW Creative will charge 15% of the account fee or Rs.250, whichever is higher as a late fee.

BW Creative will add credits to an account only when the payment is fully reflected in BW Creative bank accounts. Part payments will not be added to an account. If transaction or processing fee is not added with the amount paid, BW Creative will only add the exact amount after deducting such a processing fee. Returned checks will attract Rs.500 towards check returning charges and admin charges. Once a check is returned, the customer will have to make all further payments as Cash/Bank Account Transfer to our accounts and no other mode of payment will be accepted. Outstation checks will attract Rs.100 as collection charges.

No payment has to be sent to us directly. All payments must be paid directly to our Bank Accounts using online Payment option

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Accounts that are not renewed on time will be suspended / terminated immedietly.
BW Creative only adds domain credits to a customer account. We will not register / renew / transfer any domain name / hosting. It is the sole responsibility of the customer to renew / transfer domain name / hosting.

Billing/Price Changes/Discounts & Coupons

BW Creative policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle except in exceptional cases such as volatility in FOREX and other factors which are not in BW Creative hands. We reserve the right to change pricing, resources, features of plans that are displayed in our websites or partner websites.
Discounts / Coupons offers are one time only and are not applicable during the renewal of the account. Discounts / Coupons are for first time customers only and the same customer cannot avail other offers for the same account / domain on a later date. If found in violation of these terms, the discount or offer will cancelled and additional invoices will be added to your account.

4. Cancellations & Refunds

Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact BW Creative Billing Team. Cancellation requests must be received by BW Creative a minimum of thirty (30) days prior to the end of your Billing Cycle. BW Creative will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact BW Creative as soon as possible.
• Strictly there are NO refunds for any Hosting Package
• Strictly NO refunds will be processed if the account fee is not paid Full in advance before the account is setup
• Strictly NO refunds will be processed if an account has violated the terms of service or involved in activities that has resulted in incurring charges to bring back services to normal
• Strictly NO refunds will be processed if an account was involved in abuse / resource over usage previously
• Domain Credits purchased cannot be refunded

5. Disclaimer

The BW Creative service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. BW Creative expressly disclaims any representation or warranty that the BW Creative service will be error-free, secure or uninterrupted. No oral advice or written information given by BW Creative, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. BW Creative and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

6. Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between BW Creative and its customers. Each of BW Creative and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

7. Minimum Age Requirement

BW Creative customers must be at least 18 years of age. Any individual under the age of 18 years (.Minor.) must have a parent or guardian accept the TOU in order for the Minor to become a BW Creative customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for BW Creative services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains BW Creative express written consent to the contrary. Any acceptance of the TOU or any other agreement for BW Creative services will be deemed null and void to the extent that BW Creative will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of BW Creative services.

8. Privacy Policy

BW Creative respects and values the Right to Privacy of each and every individual. We are esteemed by the relationship and by becoming our clients you have a promise from our side that we shall remain loyal to all our clients and non clients whose information resides with us. This Privacy Policy applies to the current clients as well as former clients. You will find the guidelines governing our Privacy Policy below:

• Your information, whether public or private, will NOT be sold, rented, exchanged, transferred or given to any company or individual for any reason without your consent.
• Your information will be used SOLELY for providing the services to you for which you have subscribed to us and not for any other purposes.
• Your information given to us represents your identity with us. If any changes are brought in any of the fields of which you have provided us the information, you shall bring it to our notice by either calling us or sending an email to us.
• In addition to the service provided to you, your information (mobile number, E-mail ID etc.) can be brought in use for sending you newsletters, surveys, contest information, or information about any new services of the company which will be for your benefit and while subscribing for our services, you agree that We have the right to do so.
• By subscribing to our services, you consent to our Privacy Policy and Terms of Use.