Terms And Conditions

Definitions and Interpretations:

“API”  refers to an application program interface.

 

“Business Hours”  refers to a period of time commencing from 9.00 a.m. to 6.00 p.m. on any Monday to Friday excluding a Public Holiday based on the Bangladesh calendar.

 

“Eicra Internet Server”  refers to Eicra Soft Limited or its affiliates’ computer system that the Customer connects to receive the Services.

 

“Eicra Soft Limited Internet Server”  refers to Eicra Soft Limited or its affiliates’ computer system that the Customer connects to receive the Services.

 

“Services”  refers to the web services made available by Eicra Soft Limited or its affiliates.

 

“Site” or “Website”  refers to a World Wide Web site.

Terms and conditions:

1. General

Eicra Soft Ltd. will only work if the agreement is provided verbally via email, telephone, mail or fax. “Order” is considered a written or oral contract between Eicra Soft Ltd. and the customer this includes phone calls, emails and online agreements.

 

1.1 Register a domain name

 

1.3.1. We do not warrant or guarantee that the domain name applied for will be registered in your name or can be registered by you. Therefore, you should not take any action on the requested domain name until you are notified that the requested domain name has been registered.

 

1.3.2. The registration of domain names and their continued use are subject to the terms and conditions of use of the relevant naming authority, and it is your responsibility to ensure that you understand and comply with these terms and conditions. Regarding the decision of the naming authority to refuse to register the domain name, you irrevocably exempt you from any claims against us, and agree without limitation that the management fees you paid to us will not be refunded under any circumstances.

 

1.3.3. We do not take any responsibility for your use of the domain name. Any disputes about domain names between you and any other individuals or organizations must be resolved between the parties involved, and we will not participate in any such disputes. When we become aware of such disputes, we reserve the right to suspend or cancel the domain name and/or make appropriate statements to the relevant naming authority without any reason.

1.2 Domain name registration renewal

1.4.1. If you do not confirm to us that the domain name should be updated, we are not obliged to update your domain name. In this case, we are not liable for any loss or damage caused by your domain name not being updated. If you have an unpaid invoice or violate any of the terms of this agreement, we are not obliged to renew your domain name.

1.4.2. Our main method of communication for domain updates is via email. If your email contact information is not up to date, we will not be responsible for your domain name renewal.

 

1.4.3. If you close our account, but do not transfer the domain name to another registrar, you agree that we may contact you after the account is closed to remind you to renew the domain name.

 

1.3 Password:

 

1.5.1. You will keep any passwords or log-in details used in connection with the Service secure and you are totally responsible for when and how your account with us is used and the actions of any people you give your password and log-in details to.

 

1.5.2. You are solely responsible for your data and any content used or stored in connection with the service. You must and continue to own all intellectual property rights (including but not limited to copyright and trademark rights) in your data and content, or have obtained permission. The terms under which you hold or license your data and content must enable us to fulfill our obligations to provide services to you. You grant us permission to use and copy all data and content in order to fulfill our obligations under this agreement.

 

1.5.3. You must ensure that any data or content you use or store in connection with the service complies with the terms of our acceptable use policy.

 

1.4 Suspension and termination of service

 

1.6.1. We may suspend or terminate your account if the following situations occur:

 

a) You have violated this agreement and have not corrected any remedial violations within 7 days after we notified you to do so;

 

b) You are insolvent;

 

c) You are declared bankrupt; or

 

d) We are ordered to do so by the court or based on an arbitration award.

 

1.6.2. In addition to other rights that we may have under this agreement, you agree that if we:

 

a) Receive an order from a court or other competent authority to request us to do so

 

b) Instructed to do so by the Bangladeshi information & technology authority, any other regulatory agency or agency or industry association;

 

c) consider in our sole discretion that you are breaching this agreement including without limitation, by infringing third party intellectual property rights, or because your data or content is defamatory, illegal, obscene or breaches a person’s privacy.

 

1.6.3. In the course of any technical failure, modification or maintenance involved in the service, we may suspend or disconnect the service from time to time without notice, or deny you access to the service. We will make reasonable efforts to restore the service as soon as reasonably practicable. In this case, you will be responsible for all fees payable during the entire suspension period.

 

1.6.4. If your account is suspended or terminated due to violations, we will reactivate your account at our discretion. If we agree to reactivate your account, we will require full payment of all outstanding payments and payment of the reactivation fee.

 

1.6.5. You may terminate your account or any personal service at any time by email for any reason. Unless you terminate your account due to our breach of this agreement, the refund of the advance payment is as follows:

 

a) There will no refund be available for domain names.
b) There is no refund for one-time services, such as digital certificates.
c) There is no refund for services that run for less than 30 days. For services with an operating time of more than 30 days, the unused credit refund will be a percentage of the entire month of operating time, minus the BDT1000 early cancellation fee.

 

1.6.6. We can terminate your service by giving you 30 days’ written notice for reasons other than violating these conditions, In this case, we will refund all unused credits in your account.

 

1.6.7. You must pay all outstanding charges immediately If your account is closed for whatever reason.

 

1.6.8. If we suspend or terminate your access to the service due to your violation, we are not obligated to provide you with a copy of the data or content. If in this case we provide you with a copy of the data or content, we have the right to charge a fee. If we terminate your account or any service in this situation, we can also destroy your data or content at our own discretion. If your data or content is damaged, it may not be recoverable.

 

1.6.9. You will conduct necessary tests and computer virus scanning to ensure that the data you upload to or download from the server does not contain any computer viruses, and will not damage anyone’s data or system in any way.

 

1.6.10. You are solely responsible for dealing with persons who access your data and you will not refer complaints or inquiries in relation to such access to us.

 

1.6.11. You agree that if, in our sole discretion, you are using the Services in a way which is not legitimate, is not in compliance with this agreement or any law that we may suspend, disable, limit or terminate the Services or deny you access to the Service without notice, including taking down any of your data or content.

1.7. Pricing and payment:

 

Generally- Upon submission of the Order and acceptance by Eicra Soft Limited, You shall pay to Eicra Soft Limited a refundable deposit and other charges, fees, and rentals for the Services and/or equipment, as the case may be, which shall be at the rates prescribed on the Eicra Soft Limited website from time to time and payable in advance or at such other time under Eicra Soft Limited’s policy or requirements. The said charges, fees, and rentals shall commence from the Effective Date

 

1.7.1. Pay Promptly- You shall promptly pay on demand by Eicra Soft Limited and at the times stipulated in such demand all charges, fees, rentals, costs, or other amounts in connection with the Services. You shall continue to be liable for any applicable charges during the period of interruption or loss of Services from any cause whatsoever.

 

1.7.2. Prepayment- Eicra Soft Limited may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.

 

1.7.3. Monthly Service Fees-Fees for service ordered by You shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations, and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

 

1.7.4. Upgrade Fees- Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rated charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

 

1.7.5. Hourly Service Fees- For any services offered by Eicra Soft Limited on an hourly basis (“Hourly Services”), You shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the Terms, Customers who request Hourly Services agree to all terms and conditions in Exabytes Terms, including but not limited to these Terms and the AUP. You will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date.

 

1.7.6. Additional Service Fees- Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rated charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

 

1.7.7. One Time Fees- One time fees, such as setup fees, administrative fees, and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket with Eicra Soft Limited’ approval. One time fees, such as bandwidth overages and Eicra Soft Limited overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket with Eicra Soft Limited’ approval.

 

1.7.8. Full Payment- All payments due to Eicra Soft Limited under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set””off, counterclaim or other equitable or lawful claims.

 

1.7.9. Returned Item Fees- Accounts with returned checks and/or e-checks will be assessed a returned item fee as described in Appendix””I.

 

1.7.10. Late Fees- Any payment not received within twenty (20) days of the invoice due date, will be assessed a late payment fee of one and one””half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is higher, with a minimum of Late Fee as per described in Appendix””I. You shall pay to Eicra Soft Limited all expenses incurred by Eicra Soft Limited in exercising any of its rights under this Agreement or applicable law concerning a Payment Default or other breach by you, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by Eicra Soft Limited. Late Fees will continue to accrue as long as there is an outstanding balance

 

1.7.11. Re-Activation Fee for Shared Account- If Eicra Soft Limited suspends your shared account for non””payment, You shall be allowed to reinstate Your use of the Services within Thirty(30) business days of suspension upon approval from Eicra Soft Limited and full payment of balances due. A Reactivation Fee as per Appendix””I will be applied.

 

1.7.12. Reactivation Fee for Cloud Server, Reseller Account, Virtual Private Server, Dedicated Server, Colocation Account- If Eicra Soft Limited disconnects your Cloud Server, Reseller Account, Virtual Private Server, Dedicated Server, Colocation Account for non””payment, You shall pay a Re-Activation Fee as per Appendix before any Re-Activation of Your server and notify Eicra Soft Limited with proof of payment. Once payment has been received, Your account will be activated within Forty””eight (48) Business Hours. Eicra Soft Limited will maintain an archival copy of Your data files for five (5) days after Eicra Soft Limited disconnects the server.

 

1.7.13. New Service Fees- Fees for any new Service or new feature of a Service will be effective when Eicra Soft Limited update fees on the Eicra Soft Limited Website unless Eicra Soft Limited expressly states otherwise in a notice. Eicra Soft Limited may increase or add new fees for any existing Services by giving You at least a 30””day advance notice.

 

1.7.14. Cancellation Fees- If You cancel any order after the same has been accepted by Eicra Soft Limited, You shall be liable to pay a cancellation fee, if any, at Eicra Soft Limited prescribed rate for cancellation.

 

1.7.15. Changes of Fees- Eicra may vary its charges from time to time by returning notice to You. All variations will take effect from the date specified in the notice and You shall be bound to observe and comply with such variations.

 

1.7.16. Refundable Fees- Upon termination of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and renewal, setup fees, one time fees, shipping and handling, SSL certificate fees, software license fees, technical charges, unused bandwidth, unused disk space, unused backup space, are not refundable unless provided otherwise specified at Eicra Soft Limited Website. Eicra Soft Limited may, in its sole discretion, refund other amounts as it deems necessary or advisable.

 

1.7.17. Money Back Guarantee- Your Services may be eligible to the Eicra Soft Limited’ Money-Back Guarantee and subject to the Terms of Eicra Soft Limited’ Money Back Guarantee Policy as published on Eicra Soft Limited Website.

 

1.7.18. Uptime Guarantee- Your Services may be eligible to the Eicra Soft Limited Uptime Guarantee and may be eligible to Outage Event Credit in the form of a credit against future bill of amounts payable by You for the provision of the service subject to the Terms of Eicra Soft Limited Uptime Guarantee Policy as published on Eicra Soft Limited Website.

 

1.7.19. Transfer of Credit- Eicra Soft Limited may, at its absolute discretion and at any time, set off, consolidate or combine accounts or transfer any monies outstanding to the credit of Your account with Eicra Soft Limited or any of its related companies of whatever description towards the reduction or discharge of any sum due to Eicra Soft Limited by You under this Agreement.

 

1.8. Taxes:

 

Generally- You will be responsible for the payment of all taxes, duties (including stamp duty), fees, and other charges made by any government authority concerning this Agreement (other than taxes payable on the overall income of Eicra Soft Limited).

1.9. Changes of terms:

 

We may change the terms and conditions of this agreement (including acceptable use policy and privacy policy) at any time. If you do not wish to accept the revised terms and conditions, you can terminate this agreement by notifying us. In this case, we will refund all unused credits on your account.

 

 

1.10. Entire Agreement:

 

These terms and conditions constitute the entire agreement between us and you. It replaces all previous oral or written agreements, understandings and representations.

 

2. Our warranties and responsibility:

 

2.1. Within the scope of this agreement, we are responsible for providing services.
2.2. We do not warrant that the services:
a) The content provided under this agreement will be uninterrupted or error-free;
b) Meet your requirements, except as expressly stipulated in this agreement;
c) Not to be attacked by external intruders (hackers), viruses or worms, denial of service attacks or other unauthorized access to our services or systems; or
d) Will produce any specific results, data, sales or other returns.

 

 

3. Indemnification:

 

3.1. We are not responsible for any form of indirect, incidental, special and consequential loss or damage, data loss or damage, loss of use, loss of income, loss of profits, failure to achieve expected profits or savings, and any other statutory provisions. , Any form of commercial or economic loss caused by or related to this agreement and/or its subject matter in any way, including contract, tort (including negligence);

 

3.2. Services are provided “as is” and “available”;

 

3.3. For any goods or services provided under this agreement, we do not provide or provide any express or implied guarantees, including but not limited to guarantees of merchantability or suitability for specific purposes, or due to transactions, usage or trade practices The guarantees generated or attached to this agreement;

 

3.4. Any oral or written information or advice provided by us, distributors, agents, representatives or employees does not constitute a guarantee or expand the scope of the express guarantee provided thereby, and you must not rely on any such information Or advice

 

3.5. For any contract, infringement, negligence or other claims related to the provision of services or related to the provision of services, our total liability to you will be limited to the services that belong to any such claim within 12 months prior to the claim . Any claim must be notified to us within one year after it occurs.

 

3.6. We expressly do not provide any guarantee for the accuracy or quality of the information received by anyone through your server, and under any circumstances, we are not responsible for any loss or damage of any data stored on the server. You are responsible for maintaining insurance coverage for any loss or damage to your data stored on the server.

 

3.7. You agree to relax, indemnify and retain all our responsibilities, claims and expenses, including attorney fees and court fees, to our contractors, agents, employees, staff, directors, directors and affiliates, for use by third parties against you Claims or arising from this agreement, including but not limited to, you or any other person using your computer infringes any intellectual property rights or other ownership rights of any person or entity, or violates any terms or conditions of this agreement. When we may be involved in a service agreed with a third party, we may seek a written guarantee from you to ensure that you are liable for the losses and liabilities described in this agreement and assume our responsibilities. Such written guarantees may include posted performance bonds or other guarantees. You may not be able to comply with this agreement and therefore cannot provide such guarantees

4. Data archiving and backup

 

4.1. You must always maintain an up-to-date copy of the data on your premises. We will not take any responsibility for incomplete, expired, damaged or other defective data restored from backup. You are solely responsible for the backup of data including email files.

 

4.2. For disaster recovery, we will archive your data regularly. If the equipment fails or the data is damaged, we will restore from the last known good archive. If all our files have been damaged or used old files to restore data, you should prepare to upload the data to your website.

 

4.3. We provide a backup tool in your cPanel that allows you to create offsite backups of your website, database and email content. From the date of creation, we will store the data for a maximum of 30 days, and will not be responsible for deleting the backups that have not been obtained before.

 

5. Use spam and virus filters:

 

5.1. Eicra Soft Ltd.’s services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. The Service Provider remains the final arbitrator of what is or is not considered spam on the Service Provider’s network.

 

5.2. spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message),

 

5.3. generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.

 

5.4. Eicra Soft Ltd.’s Subscribers are required to follow all rules in the Anti-Spam Laws. Eicra Soft Ltd. reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Eicra Soft Ltd. allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

 

5.5. Viruses and Other Destructive Activities. Use of the Services 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 Subscriber 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 the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

 

5.6. To the maximum extent permitted by law, we are not responsible for any loss or damage caused by the use of spam or virus filters. We can use spam and virus filters, and to the maximum extent permitted by law, this may require us to use third-party equipment or services to monitor and filter the e-mail traffic between the equipment and the Internet.

6. Equipment ownership:

 

6.1. Unless otherwise agreed, you are not entitled to the hardware and other infrastructure that we use to deliver services.

 

6.2. If we provide you with any equipment as part of our services to you, unless otherwise required by law, we will provide services in accordance with the following terms:

 

6.2.1. You acknowledge that we are only a distributor of equipment manufactured by third parties;

 

6.2.2. You will not resell, export or otherwise transfer the equipment;

 

6.2.3. We are not obligated to keep the equipment up to date, in good working condition or change or modify the equipment in any way;

 

6.2.4. You must work directly with the manufacturer to correct any malfunctions in the equipment or defects of the manufacturer, and we are not responsible for such malfunctions or defects or any consequences arising therefrom.

7. Privacy policy:

 

7.1. Information privacy

 

7.1.1. When you register for our service, we will ask you to provide contact information, such as your name, address, phone number, email address, and payment information, such as credit card number and expiration date.

 

7.1.2. We may ask you to complete user surveys and provide certain demographic information, such as age, gender, special interests, etc. If you are unwilling, you can use our services without providing such information.

 

7.1.3. If you contact us for customer support, we may also ask you to provide information about your operating system, software, and other technical issues.

 

7.1.4. When you visit our website, we will capture your IP address, access time and duration of the visit, as well as the time and duration of the pages on our website you viewed. We may associate this information with personally identifiable information we have about you.

 

7.1.5. When you visit our website, we will also place a cookie to identify you as our returning customer or customer. We may bind this cookie to personally identifiable information we have about you.

 

7.1.6. When we send you an email, we may include a tag that will allow you to identify the email that has been opened and viewed.

 

 

7.2. Use of personally identifiable information:
We will use your personally identifiable information only as follows:

 

7.2.1. For payment purposes and to provide customer support

 

7.2.2. Announce special offers or provide other information via email from time to time. We may also send emails announcing special offers from third parties, but we will not provide third parties with your email address or other personally identifiable information. If you do not wish to receive these emails, you can opt out of future emails at any time by following the instructions in the email.

 

7.2.3. Improve our services and the marketing of our services. For example, we may use information collected from user surveys, demographic data, and website visits to help us improve or target our website and customize your visit.

 

7.2.4. Except for the following circumstances, we will not provide any personally identifiable information about you to anyone else:

 

7.2.5. Requirements of law enforcement or regulatory agencies;

 

7.2.6. Individuals or companies that have obtained our business;

 

7.2.7. A third party that performs services (such as payment processing) on our behalf, but must reach an agreement with the third party that it will keep your personally identifiable information confidential;

 

7.2.8. To the parent company, affiliates and subsidiaries of Eicra soft Ltd;

 

7.2.9. For our members, or when it is necessary to protect or enforce our rights or the rights of others.

 

7.2.10. We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

 

7.2.11. We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.

 

 

7.3. Security of your Information

 

We will store your personal identification information and paymentinformation in a database in Bangladesh in full accordance with theprovisions of the Data Protection Act. All data (such as card numbers) areencrypted, and we will take reasonable security measures to protect your personally identifiable data in our database.

8. Cookie policy:

 

By setting your browser to accept Cookies to browse the Eicra soft Ltd. website, you agree to our use of Cookies to provide you with Eicra soft Ltd. products and services described in this policy notice. You can learn how to change the cookie settings of your browser in the Adjust Cookie Settings section of this document.

 

8.1. Our use of cookies includes the following activities:

 

a) Recognize you when you visit our website.
b) Display advertising materials on third-party websites related to your interests.
c) Remember the items in your shopping basket on our website.
d) Research ways to improve Eicra soft Ltd. products and websites.
e) Stop fraudulent activities.
f) Maintain the safety of the website and our customers.

 

8.2. What are cookies?

 

Cookies are small pieces of digital data that we place on your computer through your web browser. They enable us to remember you when you revisit our website and make it more relevant to your interests.

 

8.3. Adjusting cookie settings:

 

You can stop accepting new cookies, request notification of new cookies you have received, or disable cookies altogether. You can make similar changes to the browser plug-in through the plug-in settings, otherwise, please visit the developer’s website.

 

 

9. Uses policy:

 

9.1. The Eicra Soft Ltd. Acceptable Use Policy has been developed with the following objectives:

 

9.1.1. Ensure the safety, reliability and privacy of Eicra Soft Ltd. Systems and networks, and other networks and systems.

 

9.1.2. Maintain Eicra Soft Ltd.’s image and reputation as a responsible provider.

 

9.1.3. Preserving the value of Internet resources as a channel of free expression.

 

9.1.4. Practices that encourage and discourage the responsible use of network resources, these practices will reduce the availability of network resources, thereby reducing the value of Internet services.

 

9.1.5. void situations that may cause Eicra Soft Ltd. to assume civil liability.

 

9.1.6. Protect the privacy and safety of individual users.

 

9.2. Emil policy :

 

According to the Digital security Act 2018 under section 19- “If any person Intentionally creates or tries to create spam or undesired emails without the permission of the sender or receiver, for any product or service marketing is a criminal offence. Along with we include as prohibited-

 

9.2.1. Harassment, whether through language, frequency, or size of messages, is prohibited.

 

9.2.2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

 

9.2.3. Customers are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

 

9.2.4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

 

9.2.5. Malicious email, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of email) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.

 

9.2.6. Forging of header or any other information is not permitted.

 

9.2.7. Subscribing someone else to a mail list or removing someone else from a mail list without that person’s permission is prohibited.

 

9.2.8. Eicra Soft Ltd. accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

 

9.2.9. These rules apply to other types of Internet-based distribution mediums as well.

 

9.3. System and Network Usage Security:

 

9.3.1. Customers must not attempt to bypass user authentication or security (“hack”) of any host, network or account. This includes, but is not limited to, access to data that is not intended for the customer, login without express authorization to access the customer’s account or to explore the security of other networks.

 

9.3.2. Customers may 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.

 

9.3.3. Customers shall not use any type of programs/scripts/commands or send any types of messages that are intended to interfere with the user’s terminal session through any local or Internet methods.

 

9.3.4. Users who violate systems or network security may incur criminal or civil liability. Eicra Soft Ltd. 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.

 

9.3.5. If Eicra Soft Ltd. believes that the terms and conditions of use have not been followed, it reserves the right to access the server/account in its network. Bit Torrent software and P2P protocol software is not permitted on our network.

 

 

9.4. IRC (Internet Relay Chat)

 

9.4.1. Eicra Soft Ltd. is not responsible for the content of any communications made on IRC.

 

9.4.2. It may not be possible to run IRC robots (“bots” or “clone”) or IRC sessions from Eicra Soft Ltd. Server account.

 

9.4.3. Customers shall not disguise their host name or user name to impersonate others or use IRC anonymously.

 

9.4.4. It is forbidden for customers to use IRC scripts or programs that will interfere with or deny the services of other users on any server or host.

 

9.4.5. Customers are also prohibited from engaging in activities that harass other users. This includes, but is not limited to: “flooding” (aim to fill other people’s screens and enter text quickly), “flashing” (destroying terminal emulation), “taking over” (forcibly seizing operator privileges), trying to send private messages to Messages sent by people who don’t want to see them (via “ignore”), trying to return to a channel after being denied access, and other destructive behavior.

 

9.5. Material and Product Requirements:

 

9.5.1. server-ready

 

a) Customers must ensure that all material and data placed on Eicra Soft Ltd.’ equipment is in a condition that is “server-ready,

 

b) which is in a form requiring no additional manipulation on Eicra Soft Ltd.’ part. We shall make no effort to validate this information for content, correctness or usability.

 

c) In the event that the Customer’s material is not “server-ready”, we have the option at any time to reject this material.

 

d) Eicra Soft Ltd. will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Eicra Soft Ltd.

 

e) Use of Eicra Soft Ltd.’ 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 and desired content of the Customer’s Web space. Customers must have the necessary knowledge to create and maintain a Web space.

 

f) It is not the responsibility of Eicra Soft Ltd. to provide this knowledge or customer support outside of the service defined in the Service Agreement.

 

 

9.5.2. Unacceptable Materials:

 

Eicra Soft Ltd. Doesn’t accept any responsibility for this type of unauthorized materials.

 

a) Auto Surf/PTC/PTS/PPC Sites
b) IP Scanners
c) Brute force Programs/Scripts/Applications
d) Mail Bombers/Spam Scripts
e) High-Yield Interest Programs (HYIP) or Related Sites
f) Lottery/Gambling Sites
g) Hacker focused sites/archives/programs
h) Fraudulent Sites (Including, but not limited to sites listed at aa419.org &hosting-fraud.com)
i) Bitcoin Miners
j) Bandwidth Miners (“Liu Liang Kuang” in Chinese)
k) “SI FU” or Related Sites
l) Game Plugins Sites

10. Resource Usage:

 

10.1. Unlimited uses:

 

10.1.1. What “Unlimited” means Eicra Soft Ltd. does not set any limit or upper limit on the amount of resources that a single subscriber can use. In good faith and in compliance with these terms, Eicra Soft Ltd. will make commercially reasonable efforts to provide subscribers with all the storage and bandwidth resources necessary to successfully power their website, as long as the subscriber’s use of the service complies with these terms. By not placing restrictions on key resources, we can provide subscribers with simple and consistent prices as they develop their websites.

 

10.1.2. What “Unlimited” DOES NOT mean Eicra Soft Ltd. uses complex mechanisms to protect its subscribers and systems from abuse. The purpose of Eicra Soft Ltd.’s “unlimited” service is not to allow the behavior of a single or several subscribers to unfairly or adversely affect the experience of other subscribers.

 

10.1.3. Eicra Soft Ltd. will use all reasonable commercial efforts to provide more resources to subscribers who use websites that comply with these terms, including transferring subscribers to newer and larger shared servers as needed. However, in order to ensure that all subscribers get a consistent quality experience, Eicra Soft Ltd. will take automatic protective measures to prevent any site from growing too fast and adversely affecting the system until Eicra Soft Ltd. can evaluate the resource needs of the site.

 

 

10.2. Unlimited Hosting Space;

 

10.2.1. excessive MySQL files. Eicra Soft Ltd. does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Eicra Soft Ltd. charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms.

 

10.2.2. Please note, however, that the Eicra Soft Ltd. service is designed to host websites. Eicra Soft Ltd. does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice.

 

 

10.3. Unlimited File Transfer.

 

10.3.1. Eicra Soft Ltd. does not set any restrictions on the amount of visitor traffic that the website can receive in a specific month or the amount of content that subscribers can upload to its website.

 

10.3.2. As long as the subscriber’s use of the service complies with these terms, Eicra Soft Ltd. will not charge additional fees based on the increase in bandwidth.

 

10.3.3. Normally the subscriber’s website will be able to support the traffic legally obtained by the subscriber. However, Eicra Soft Ltd. reserves the right to limit processor time, bandwidth, processes or memory in cases where it is necessary to prevent negative effects on other subscribers.

 

 

10.4. Unlimited Domain Hosting: Eicra Soft Ltd. does not set any limit on the number of domain names that subscribers can associate with the subscriber’s virtual hosting account.

 

 

10.5. Shared Web Hosting

 

10.5.1. We do not allow scripts that requires more than 256MB memory or more than 30 CPU seconds.

 

10.5.2. We do not allow any Shared Mini, Shared Starter, Shared Baby, Shared Standard or Shared Pro account that requires more than 768MB memory at any time.

 

10.5.3. We do not allow any Shared Business account that requires more than 1GB memory at any time.

 

10.5.4. We do not allow any Shared Mini, Shared Starter, Shared Baby account that requires more than 7% of CPU on average within one day, and that requires 20% of CPU on average within 90 seconds.

 

10.5.5. We do not allow any Shared Pro account that requires more than 10% of CPU on average within one day, and that requires 25% of CPU on average within 90 seconds.

 

10.5.6. We do not allow any Shared Business account that requires more than 20% of CPU on average within one day, and that requires 30% of CPU on average within 90 seconds.

 

10.5.7. We do not allow any shared account that has more than 250,000 anodes.

 

10.5.8. Customers may not run crone entries with intervals of less than 15 minutes.

 

10.5.9. Customers may not run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

 

10.1.10. We do not allow to run stand-alone, unattended server-side processes at any point in time on the shared servers. This includes any and all daemons, such as IRCD, Any software that interfaces with an IRC (Internet Relay Chat) network.

 

10.1.11. We do not allow following scripts with known security issue. Ultimate BBS (all versions), Ikon board (all versions), IRC Egg Drops, Proxy Servers, nph-proxy, The Anonymizer, any soap mailers, CGI-telnet or script that opens a shell session with the server.

 

10.1.12. We do not allow file dump/mirror scripts (similar to rapid share) or image hosting scripts (similar to Photobucket or Tiny pic) on shared servers.

 

10.1.13. Banner-ad services (commercial banner ad rotation), audio streaming, video streaming and game hosting are prohibited on shared servers.

 

10.1.14. Hosting space is limited to web files, active e-mail and content of the hosted websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Customers may not use any shared account for sharing files or storing backup.

 

10.1.15. In Hong Kong datacenter, the distribution of MP3s, Music Files, Video Files, Softwares or any other type of files which require the usage of an inordinately high amount of bandwidth is strictly prohibited.

 

10.1.16. Accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Eicra Soft Ltd. may request that a customer’s number of database tables, or database usage be reduced to ensure the proper performance of the services.

 

10.1.17. The automatic backup of shared web hosting services contains backups of the system configuration, emails, databases, website scripts and images. Compressed files or files that against the Acceptable Use Policy will be excluded from backup, such files include but are not limited to, tar, tar.gz, gz, zip, rar, iso and exe files. Hosting accounts use more than 30GB disk space are also not included in the automatic backup.

 

10.2. Business Hosting:

 

10.2.10. We do not allow scripts that requires more than 512MB memory or more than 60 CPU seconds.

 

10.2.11. We do not allow any business hosting account that requires more than 20% of allocated CPU cores on average within one day, and that requires 40% of allocated CPU cores on average within 90 seconds.

 

10.2.12. Any Business Basic hosting account has 2 CPU cores and 2GB memory allocated.

 

10.2.13. Any Business Plus hosting account has 3 CPU cores and 3GB memory allocated.

 

10.2.14. Any Business Deluxe hosting account has 4 CPU cores and 4GB memory allocated.

 

10.2.15. We do not allow to run stand-alone, unattended server-side processes at any point in time on the business hosting servers. This includes any and all daemons, such as IRCD, Any software that interfaces with an IRC (Internet Relay Chat) network.

 

10.2.16. We do not allow following scripts with known security issue. Ultimate BBS (all versions), Ikon board (all versions), IRC Egg Drops, Proxy Servers, nph-proxy, The Anonymizer, any soap mailers, CGI-telnet or script that opens a shell session with the server.

 

 

10.3. VPS (Virtual Private Server) and Cloud Servers:

 

10.3.10. We do not allow any misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

 

10.3.11. Considering the exhaustion of IPv4 address resource, commercial and public VPN/anonymous proxy service for China is prohibited. We may charge additional fee for IP change or refuse assigning new IP’s if a customer violates this term.

 

 

10.4. Breach of uses policy:

 

10.4.10. The usage policy defines behaviors that Eicra Soft Ltd. considers to be abusive and therefore strictly prohibited. The examples specified in this policy are not exclusive and are only used to guide customers. If you are not sure whether any intended use or activity is prohibited, please feel free inform us and we will help you.

 

10.4.11. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Eicra Soft Ltd., or connected via our network.

 

10.4.12. In addition, such services may not be advertised through deceptive marketing policies. For server and network security, performance and integrity, Eicra Soft Ltd. must further limit any exceptions to the usage policy as a secondary condition. If any user interferes with our server or network, regardless of its abnormal state, the service may be disabled.

 

10.4.13. We hope that customers use the Internet politely and responsibly, and are familiar with and practice good Internet etiquette. By complying with the following policies, our customers will protect the rights and privileges of all Internet users. Violation of any of the following policies is strictly prohibited, which will result in:

 

a) Immediate termination of all accounts
b) Immediate suspension of websites
c) Immediate suspension of related scripts
d) Notification of suspected of illegal activities to the relevant authorities e.g. the Police / Basis or any other authority
e) Impose fines

11. Notifications & Communications:

 

All notices under this agreement will be sent by email to the internet address you specify. By signing this agreement, you agree to accept other marketing and promotional emails unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewals, billing and account notifications, planned downtime notifications or any other communications deemed essential to our services.

 

 

12. Civil Subpoena Policy

 

Eicra soft Ltd. Hosting will respond to subpoenas, court orders or other legal procedures, and will use subscriber information as necessary to establish or exercise Eicra soft Ltd. Hosting’s legal rights or defenses. Eicra soft Ltd. hosting will charge the individual or entity that submits the civil subpoena for fees related to subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Eicra soft Ltd.
hosting invoice.

 

13. Content policy:

 

13.1. You agree that You will not distribute, electronically transmit or display any materials supplied by You ”” or through You by a third party ”” to any Eicra Soft Limited server in connection with Customer’s use of the Services which Violate domestic or foreign laws or regulations.You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, You are solely responsible for:

 

13.1.1. The technical operation of Your Content, including ensuring that calls You make to any Service are compatible with then””current APIs for that Service;

 

13.1.2. Compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law

 

13.1.3. Claims relating to Your Content and Properly handling and processing notices sent to You (or any of Your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.

 

 

13.2. End User Violations- You will be deemed to have taken any action that You permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users’ use of Your Content and the Services. You will ensure that all End Users comply with Your obligations under this Agreement and that the terms of Your agreement with each End User are consistent with this Agreement. If You become aware of any violation of Your obligations under this Agreement by an End User, You will immediately terminate such End User’s access to Your Content and the Service Offerings.

 

13.3. End User Support- You are responsible for providing customer service (if any) to End Users. Eicra Soft Limited does not provide any support or services to End Users unless we have a separate agreement with You or an End User obligating us to provide support or services.

 

13.4. Computer Equipment- You shall, at Your own expense, install and maintain the necessary computer equipment and software to enable connection to the Eicra Soft Limited Internet Server, other than any equipment and/or software supplied by Eicra Soft Limited under this Agreement.

 

13.5. Reporting a Service Failure- You shall, prior to reporting a Service failure or problem, carry out all necessary steps to determine the cause of the Service failure or problem.

 

14. Prohibited Activities by using our Hosting & IP

 

According our sole discretion the use of hosting services and IP by any includes our employees, guests, customers, vendors for the purpose of described in this section is prohibited. Such activates are also define as criminal offence in accordance to the existing laws of the country. The subscriber or any affiliated company of the subscriber or the subscriber engages in any prohibited use constitutes a substantial violation of these terms, and will cause the subscriber’s account to be terminated immediately without notice and no refund.

 

14.1. intentionally or knowingly in any Critical information infrastructure. Illegally enters, or make harms or destroys or renders inactive the infrastructure or tries to do so,

 

14.2. willingly, illegally enters or help to enter in any computer, computer system or computer network, whether it with the intention of committing a crime or not.

 

14.3. intentionally or knowingly hides or destroys or changes the source code used in any computer, computer system, or computer network or if he tries to hide, destroy or change the source through another person and if that source code is preservable and securable.

 

14.4. Spreading any propaganda or campaign against liberation war, Cognition of liberation war, Father of the nation, National Anthem

 

14.5. by using digital medium runs any propaganda or campaign or assists in running a propaganda or campaign against the liberation war of Bangladesh, Cognition of liberation war, Father of the Nation, National Anthem or national Flag then, that act of that person will be an offense under the Act.

 

14.6. Committing forgery by means of any digital or electronic medium means, if any person without authority or in excess of the given authority or by means of unauthorized practice produces input or output of any computer or digital device or changes, erases or hides incorrect data or program, or results in erroneous information, or information system of any computer or digital device, data system and computer or digital network operation

 

14.7. Committing fraud by any digital or electronic medium means intentionally or knowingly or without permission changes any information, deletes, adds new information or creates distortion and reduces the value of that or the utility of any computer program, computer system, computer network, digital device, digital system, digital network, or of a social communication medium, trying to gain benefit for himself/herself or for others or trying to harm others or to deceive others .

 

14.8. intentionally or knowingly uses any computer, computer Program, computer system, computer network, digital device, digital system or digital network With the intention of deceiving or cheating carries the identity of another person or shows any person’s identity as his own,

 

14.9. Intentionally by forgery assuming the identity of a alive or dead person as one’s own for the achieving some advantages for oneself or for any other person, like to acquire any property or make harm a person by using another person’s identity in disguise.

 

14.10. Through website or any digital medium Intentionally or knowingly sends such information which is offensive or fear inducing or which despite knowing it as false is sent, published or propagated with the intention to annoy, insult, humiliate or denigrate a person.

 

14.11. Publishing or propagating or assisting in publishing or propagating any information with the intention of tarnishing the image of the nation or spread confusion or despite knowing it as false, publishes or propagates or assists in publishing or propagates information in its full or in a distorted form for the same intentions.

 

14.12. without Permission or without any legal authority collecting, selling, taking possession, supplies or uses any person’s identity information, means any external, biological or physical information or any other information which singly or jointly can identify a person or a system, his/her name, address, Date of birth, mother’s name , father’s name, signature, National identity , birth and death registration number, finger print, passport number , bank account number , driver’s license , E-TIN number, Electronic or digital signature , username, Credit or debit card number, voice print , retina image , iris image ,DNA profile, Security related questions or any other identification which due to the excellence of technology is easily available.

 

14.13. Cyber-terrorism: –

 

a) With the intention to breach the national security or to endanger the sovereignty of the Nation and to instill terror within the public or a part of them creates obstruction in the authorized access to any computer, computer network or internet network or illegally accesses the said computer, computer network or internet network or cause the act of obstruction of access or illegal entry through someone, or

 

b) Creates such pollution within any digital device or inserts malware which causes in the death of a person or results in serious injury to a person or raises a possibility of it, or

 

c) Damages or destroys the supply of daily necessities of public or adversely affects any critical information infrastructure

 

d) Intentionally or knowingly enters or penetrates any computer, computer network, internet network, any secured data information or computer database or such secured data information or computer database which can be used to damage friendly relations with another foreign country or can be used for acts against public order or which can be used for the benefit any foreign country or any foreign person or any group.

 

 

14.14. Publication, Broadcast, etc. of such information in any website or in any electronic format that hampers the religious sentiment or values:- If any person or group intentionally or knowingly with the aim of hurting religious sentiments or values or with the intention to provoke publish or broadcast anything by means of any website or any electronic format which hurts religious sentiment or values.

 

14.15. To publish, broadcast defamatory information:- If a person commits an offence of publication or broadcast defamatory information which makes or published any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation or such person in any website or in any other electronic format.

 

14.16. E-Transaction without legal authority Offence and Punishment:- If any person does e-transaction through electronic and digital medium of any bank, insurance, or any other financial institution or any mobile money service providing organization without legal authority, means deposit or withdrawal of fund or direction, order or legally authorized money transaction for withdrawal through any bank, financial institution or through any digital or electronic medium to a specified account number by a person with the aim of transferring funds or

 

14.17. b. Does e-transaction that has been declared illegal by the Government or Bangladesh Bank.

 

14.18. Deterioration of Act-order:- If any person intentionally publish or broadcast any kind of file in any website or digital format which will create hostility, hatred or adversity among people or destroy any communal harmony or create unrest or disorder or deteriorates or threatens to deteriorate the law and order.

 

14.19. Breaching Government Secret:- If any person commits or aids and abets in committing an offence under Official Secrets Act, 1923 (Act No XIX of 1923) through computer, digital device, computer network, digital network or through any other digital medium

 

14.20. Illegal Transferring, Saving of Data-Information:- If any person enters any computer or digital system illegally and does any addition or subtraction, transfer or with the aim of transfer save or aid in saving any data-information belonging to government, semi-government, autonomous or statutory organization or any financial or commercial organization.

 

14.21. Hacking Related Offence:-

 

a) If a person commits hacking means to destroy, change, format, cancel any information of the compute data storage or to reduce the value or suitability of it or damaging it in any other way, or

b) Without ownership or possession illegally entering and damaging any computer, server, computer network, or any electric system

15. Ownership policy:

 

Eicra soft Ltd. hosts and uses complex security measures related to the service. Despite the above regulations,

 

15.1. The subscriber is obligated to maintain and control the password of the subscriber’s website, and the subscriber is specifically responsible for all activities related to the subscriber’s username, password and registered domain name; and all scripts or programs added to the account by the subscriber or authorized users.

 

15.2. The subscriber agrees to immediately notify Eicra soft Ltd. Hosting of any unauthorized use of the service or any other violation of security. Eicra soft Ltd. hosting is not responsible for any loss or damage in legal theory caused by the user’s failure to comply with the above-mentioned security obligations, or any loss caused by the user’s grant of the right to access user services.

 

15.3. Any programs or scripts provided through the cPanel interface are only the responsibility of the subscriber to update and protect.

 

15.4. If someone contacts Eicra soft Ltd. Hosting and claims to have access to an account, website or domain registered with Eicra soft Ltd. Hosting or its affiliates, but does not have the right to access (for any reason, such as but not limited to forget password or forget user name, the data on a personal computer is lost or damaged, not locked properly, etc.), Eicra soft Ltd. will provide people access to the host is acceptable to prove that he or she has knowledge of all of the following:

 

a) the name originally registered;
b) The email address of the original registrant;
c) The username of the original registrant.

 

15.5. Otherwise, unless Eicra soft Ltd. Hosting receives a valid order from the court, agency or appropriate Internet control entity, it will not provide the claimant with access and control.

 

15.6. Eicra soft Ltd. requires the aforesaid access and control rights to be entrusted to the aforementioned claimant, or unless it has been submitted to Eicra soft Ltd. for hosting. The written custodian must formally sign a written statement by the person who originally registered the account, and the statement must be notarized. If the original registrant confirms that the claimant has the right to access and control the account,

 

15.7. A notarized written statement duly signed by the claimant confirms that the claimant has the right to access and control the account, website and/or domain, and has read and agreed to these terms of service. The subscriber acknowledges and accepts that the aforementioned access and control policies and procedures are the only way in which notifications can be issued and the said access and/or control can be changed;

 

15.8. In addition, any other changes directly made by subscribers or Eicra soft Ltd. Hosting or other affiliates in the online records shall not be deemed to effectively notify Eicra soft Ltd. Hosting or its affiliates of any changes made by Eicra soft Ltd. . Hosting or its affiliates means access or control.

 

15.9. The subscriber confirms and accepts the above-mentioned access and control policies and procedures, and agrees not to initiate litigation or other claims against Eicra soft Ltd. Hosting agrees to immediately cancel any claims in accordance with its following policies and procedures, and therefore propose and release all liability of Eicra soft Ltd. and claims for any damages or any other liabilities that Eicra soft Ltd may cause. Hosting follows the above strategy and process.

 

15.10. License to Eicra soft Ltd. Hosting.

 

Eicra soft Ltd. Hosting requires no ownership of the content of the subscriber’s website. By submitting content and data to Eicra soft Ltd. Hosting, the subscriber grants Eicra soft Ltd. Hosting, its heirs and assignors enjoy global, royalty-free and non-exclusive rights in all substantive content based on its copyright and other rights (if any). Exclusive permission. The content displayed on the subscriber’s website to use, distribute, display, copy and create derivative works from such materials under any terms and conditions in order to maintain such content on Eicra soft Ltd. Hosting’s servers during the validity period of these terms. The subscriber also authorizes the end user to download and print such materials or any part thereof for their personal use.This license shall terminate upon Subscriber’s cancellation of the Services.

 

15.11. Transfer of ownership:

 

Eicra soft Ltd. Hosting is not responsible for determining the ownership of websites hosted by Eicra soft Ltd. Hosting or its affiliates, accounts opened on them or registered domains. By accessing Eicra soft Ltd.’s system, hosting, registering or using any service provided by Eicra soft Ltd. Hosting, subscribers, or any other person who so accesses, registers, or uses, hereby represent and warrant that the information provided in this document is linked to the above registration (including information on website, domain name and account ownership) in every important detail Is true, accurate and complete. Any dispute arising from ownership of any account, website or domain name hosted, opened or registered with Eicra soft Ltd is subject to terms and conditions.

 

15.12. Only when at least one of the following situations occurs, will Eicra soft Ltd. Hosting approve the ownership change of the account of Eicra soft Ltd. Hosting or its affiliates, the website hosted by it or the registered domain name:

 

a) Either Eicra soft Ltd. ([email protected]) received a written statement (in a form acceptable to Eicra soft Ltd. Hosting)containing the notarized signature of the original owner of the account, website and/or domain (if applicable), Confirm that the ownership of the website, domain name or account has been transferred to the person who claims to own the website, domain name or account,

 

b) Together with a written statement containing the notarized signature of the claimant, confirming that she or he has obtained the above ownership, has read and agreed to be bound by these terms of service. Or

 

c) Eicra soft Ltd. hosting services are provided by valid orders issued by courts, agencies or appropriate Internet control entities, requiring Eicra soft Ltd. Hosting to transfer such ownership to the claimant.

 

15.13. Without our prior written consent, you may not assign or otherwise transfer your rights or obligations under this agreement, and we will not unreasonably reserve. Any request for allocation or transfer must:

 

a) A format that meets our requirements and includes the transferee or transferee’s detailed information andThe transfer fee specified in the form is attached.

 

b) We can transfer or update or transfer the rights and obligations under this agreement to Relevant legal entities, including but not limited to as part of a change in the way we provide services, or as part of a partial or complete reorganization of our business. And

 

15.14. Another person as part of the sale or reorganization of all or part of our business, and you agree that if we do so, we may transfer all necessary information (including but not limited to personal information and credit card details)) to the relevant institution Company or others, they may use the information so that they can continue to provide services to you. If you do not agree to the transfer, update or transfer, you can terminate this agreement and we will refund all unused credits in your account.

 

15.15. In addition, Any other changes directly made by subscribers or others in the online records of Eicra soft Ltd. Hostingor or its affiliates shall not be deemed effective when notifying Eicra soft Ltd. Hosting or its affiliates of any changes in the aforementioned ownership .

 

 

16. Disputing website or account ownership:

 

Sometimes, disputes may arise between multiple persons who have ownership or rights in a site hosted by Eicra soft Ltd. or an associated Eicra soft Ltd. hosting account. Eicra soft Ltd. Hosting has no obligation to resolve any such disputes.

 

If multiple persons claim ownership or rights in a site hosted by Eicra soft Ltd. or an associated Eicra soft Ltd. hosting account, and are solely at the discretion of Eicra soft Ltd. hosting, it is uncertain whether they have such ownership or rights. The aforementioned website or account, then-
16.1. As the hosting company, Eicra soft Ltd. will notify the person of the dispute within the scope of its knowledge and ability, and require the person to resolve the dispute promptly and finally, and clarify the owner or right holder. This alleviates Eicra soft Ltd.’s hosting of all responsibilities or obligations related to the dispute.

 

16.2. If the disputing party fails to resolve the dispute within a time limit that Eicra soft Ltd. deems reasonable, Eicra soft Ltd. can, based on its own judgment and according to its will, at its sole discretion and without any obligation to raise the matter to a person with jurisdiction in Bangladesh Appeal. Bangladesh law. The court filed a lawsuit to enable competitors to resolve the aforementioned disputes and determine the certainty of site or account ownership or rights.

 

16.3. Individuals who are ultimately determined to be the legal owners or equity holders of the website or related accounts through intermediate litigation are obliged to repay Eicra soft Ltd. all costs related to the above-mentioned intermediate litigation, including but not limited to all court fees and reasonable attorney fees . All monies owed to Eicra soft Ltd. under this section shall be deemed to have been due and shall be paid immediately thirty (30) days after the judgment or settlement is made.

 

 

17. Agreement “I accept” mode

 

17.1. As a prerequisite and requirement for using the services provided by Eicra soft Ltd. Hosting, you represent yourself, the company or others (if applicable on “subscriber” or “representative”), hereby accept and agree to receive these The terms of service are legally bound. These terms are effective immediately between the subscriber and Eicra soft Ltd. Hosting, its subsidiaries and branches. Each subscriber shall abide by these terms and, by using Eicra soft Ltd. Hosting’s services, networks and/or systems (collectively referred to as “services”), agree to be bound by all terms and conditions contained in these terms, including All usage policies and other policies here. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

 

17.2. The subscriber declares and warrants that if the individual is at least 18 years old and has other legal qualifications in all respects, or the subscriber is a formally established company, limited liability company, partnership or other legal entity, Good reputation and have all legal powers and powers to accept and be bound by these terms.

 

17.3. The subscriber represents and guarantees all information provided to Eicra soft Ltd. The hosting has been and is complete, accurate and up-to-date, and subscribers should continue to provide Eicra soft Ltd with complete, accurate and up-to-date information. All registration or renewal process, and further agree to update all such information to maintain complete, accurate and up-to-date information.

 

17.4. Although subscribers to paid services provided by Eicra soft Ltd. Hosting must be at least 18 years old and legally capable of accepting and accepting the legal constraints of these terms, the minor’s parent or legal guardian can obtain it on behalf of the minor Account and express consent for such minors to use the service. Each subscribes to the parent and legal guardian (if applicable), accepts and agrees to be bound by the law of these terms, and assumes full responsibility for any non-compliance with the terms in connection with the minor’s use of any of the above minors. service.

 

17.5. Eicra soft Ltd. Hosting intends to provide the best web hosting service for each of its subscribers. Eicra soft Ltd. Hosting is also committed to advancing with the times to better serve subscribers with new and available technologies. However, due to the continuous changes in technology, changes in laws and the individual and collective needs of subscribers, Eicra soft Ltd. Hosting reserves the right to change, modify, add or delete all or any part of these terms at any time at its sole discretion. Time with or without notice.

 

17.6. Subscribers can view the latest version of these terms at www.eica.com/terms. After posting changes, modifications, additions or deletions to these terms on the eica.com website, any use of the service by the subscriber shall be deemed as the subscriber’s acceptance of all such changes, additions, modifications or deletions. If the subscriber does not agree to any such changes to these terms, the subscriber’s only exclusive remedy is to cancel the subscriber’s account as described.

 

17.7. Although Eicra soft Ltd. Hosting has the right to change these terms without prior notice, Eicra soft Ltd. Hosting can, at its sole discretion and out of courtesy to all affected subscribers, endeavour to notify subscribers of any changes 7 days in advance. If Eicra soft Ltd. decides on its own that these terms may have a material adverse effect on the use of the service by the aforementioned subscribers, Eicra soft Ltd. shall decide on its own.

 

17.8. If the subscriber is hosting a new domain name with Eicra soft Ltd. or using it in conjunction with the subscriber’s use of the service or transferring a previously registered domain name, the subscriber hereby acknowledges and agrees that the subscriber’s use of the domain name shall also be bound by it. Follow the policies of the appropriate authorities and the domain name registration agreement at http://api.fastdomain.com/terms.html, and have read the rights and responsibilities of the registrant.

18. COPYRIGHT, TRADEMARK, AND “IP RIGHTS HOLDER”

 

18.1. According to the country’s “Copyright Law”, Eicra soft Ltd. has adopted a policy to terminate websites hosted by Eicra soft Ltd. that are found to infringe the copyrights, trademarks or other intellectual property rights of third parties (each “intellectual property rights holder” Someone”)

 

18.2. If the IP holder believes that his or her copyright is infringed on a website hosted by Eicra soft Ltd. or a subsidiary of Eicra soft Ltd., and the IP holder wants Eicra soft Ltd. to delete the website or disable This material, if the IP rights holder provides us with all the following information, Eicra soft Ltd. will delete the website or disable the material.

 

a) A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

 

b) Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

 

c) Information sufficient to enable us to contact the person who made the notice, such as address and phone number, and (if available) an email address where the person can be contacted.

 

d) Explain that the person issuing the notice has a sincere belief that the use of the material in the form of a complaint is not authorized by the copyright owner, its agent or the law.

 

e) A statement that the information in the notice is accurate and is punished by perjury, that is, the person who made the notice is authorized to act on behalf of the owner of the allegedly infringed exclusive right.

 

18.3. These terms do not grant the subscriber any right to host intellectual property or technology in Eicra soft Ltd.. Eicra soft Ltd. Hosting and related trademarks and logos are the exclusive property of Eicra soft Ltd. Hosting.

 

18.4. Eicra soft Ltd. Hosting and Subscriber agree that they will neither directly or indirectly reverse engineer or decompile target code or execute code, nor seek to obtain the source code or trade secrets of the other party.

 

18.5. Notwithstanding the above provisions, nothing in this article shall prevent the host of Eicra soft Ltd. from using any knowledge, information or skills that are generally known or can be learned or otherwise obtained in the course of business.

 

18.6. All rights, ownership and interests in any technology, technology, software or trademarks that we use or provide in this service belong to us, or belong to us at the time of creation, or are licensed to us. You can use the technology, technology, software and trademark permitted by this agreement. Otherwise, we reserve all rights related to it.

 

18.7. Important note:

 

In this case, you have sent us any form of notification via email and have not received our reply. Please submit duplicate copies via paper. Due to the illusory and special e-mail communication of the Internet, including but not limited to the breeding of spam and the sporadic and unexpected influence of spam filters, other forms of notification (by paper and/or fax) will help you We will receive your notice and notify you in time.

 

 

19. Severability:

 

If any of these terms and conditions are deemed invalid or unenforceable in whole or in part, the invalid or unenforceable wording may be separated from this agreement, and the remaining terms of this agreement will continue to be effective.

 

 

17. Governing Law

 

These terms and conditions are governed by the laws in force in Bangladesh. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of that country.

According to the Labor Act -2006 and Labor Rules-2015,there are some legal obligations for every industry.
General Information ”“

 

a) Full Name:
b) Full Postal Address:
c) Post Office:
d) Police Station:
e) Upazila:
f) District:
g) Mobile No:
h) Phone No:
i) E-mail:
j) As same as Head Office:

Information of Management Authority:
Name of the all directors with those information:
a) Name & Designation
b) Father & Mother Name
c) Permanent Address
d) Nationality & NID / Passport No.
e) Phone No.
f) E-mail
Registration:
Registration is required from all the required authorities and maintain a chart with (Reg: / License No., Date, Renewal, Category)
a) Department of Factory and Establishment Inspection
b) Trade license
c) Fire safety
d) Electrical capacity
e) Other (where applicable)

Type of business:

 

Date of previous visit Time: – Step taken on previous visits (if applicable):
Manpower details including Employed and Contractor provided.
Make a chart with the number and type of worker:

 

 

Employee Permanent Temporary Apprentice
Temporary Transfer Seasonal Total
Male (Adult)
Female (Adult)
Adolescents (14-18 years)
Children (under 14, if any)
Disabled
Total

Employees details on the date of previous inspection:

 

 

Building Information:

 

a) Name and identity of the owner of the institution building
b) Type of building ”“ (Purpose / Converted / Shared)
c) Name of the authority approving the design of the building:
d) Approval No. & Date:
e) Number of floors of the building:
f) Number of factories and other establishments in the building:
g) Electrical sub-station Location:
h) Generator location:

 

 

Volume II
Terms of Recruitment and service: in accordance of Bangladesh Labor Act-2006 and Labor Rules-2015

 

a) Section-3, Rule-4 whether there are employment rules?

 

b) Section 5 Rule 19 (1) (5) Have the workers / employees been provided with the required information along with the appointment letter and identity card with photo in the prescribed form No. 6?

 

c) Section 6, 8 Rule 21,22 Is the service book maintained for the workers / employees in the prescribed form no.

 

d) Section 4 (1), 9 (1) (2) Rule 16, 23 Is the Register of Workers / Employees (as per Form No. 8) maintained with the classification of the employed workers / employees on the basis of type and nature of work?

 

e) Sections 11, 19, 20, 22, 23, 26, 27, 28, 28a, 29 Whether the termination of employment of workers is in accordance with the law?

 

f) Section-3A, Rule-6 If the worker is employed through the contractor company, does the concerned contractor company have the license of this department?

 

2. In case of adolescent Labor Recruitment: in accordance of Bangladesh Labor Act-2006 and Labor Rules-2015

 

a) Section 34 Rule 34 If a juvenile worker / employee (under 14 to 18 years of age) is employed, has their physical fitness certificate been accepted?

 

b) Section 41 If juvenile workers / employees are employed, are the working hours and maximum working hours for adolescents (under 14 to 18 years of age) complied with by the employer?

 

3. Maternity benefits Related:

 

a) Sections 46, 47, 48 Rules 38, 39 Is maternity leave provided to women with proper payment of maternity benefits as per the law including registration of concerned?

 

b) Section-45,47 In the case of provision of work to female workers in accordance with the provisions of law before and after childbirth, is the relevant provision complied with by the employer?

 

4. Environment of working place:

 

a) Section 51 Rule 40-44 Is the organization maintained in an overall clean, hygienic and odor-free manner?

 

b) Section 53 (1) Rule-47 Effective measures are being taken to prevent the accumulation of dust, smoke or pollutants that are harmful or unhealthy to health and to prevent respiration?

 

c) Section-58 Rule-50 Is safe and clean enough drinking water provided in a convenient place on each floor for the workers?

 

d) Section-56 Is there adequate space for each worker as prescribed by law?

 

e) Section 59 Rule 51 Are there any required number of toilets and laundry rooms for male and female workers / employees as per the law?

 

4. B. Working safety-

 

a) Article-61 Rule-53 Is the internal electrical system of any building, part, movement or device of the organization endangered for the life and safety of the people?

 

b) Article 62 Rule 54 (3) If there is a multi-story building or underground floor of the building, is there a provision of at least two permanent stairs attached to each floor of the institution for safe exit?

 

c) Section-62 (3), Section-62 (3a), Section-62 (3b) and Section-72 Rule-54 (1), Rule-54 (2) Are there at least two exits in the rooms for employment of more than 20 persons and the exits, passages, stairs and floors are properly maintained and free from obstructions?

 

d) Rule-54 (3) to (6) Has the condition and location of the stairs, size, construction material, lighting and ventilation system etc. been standardized as per the guidelines of the law and regulations?

 

e) Rule-56 (2) (6) (10) Obtaining certificate of accuracy of electrical wiring from an authorized person or organization and are all these regular tests done by the owner?

 

f) Section 62 (1) Rules – 55 (1) and (6) Adequate fire extinguishers and equipment in the organization, has the hosiery been effectively prepared at specific points?

 

g) Article 6,69 Rule 80 Are all lifting devices (cranes, lifts, hoists and all connecting equipment) properly maintained by the law, fully inspected by the appropriate person in a timely manner and have safe load bearing capacity recorded?

 

5. Committee on work Accidents, Compensation and Safety:

 

a) Section-150,151 Does the employer pay compensation to workers in accordance with the law in case of work related accidents and professional deceases?

 

b) Article 69 (6), 180 Rule-142 In case of work accident, does the employer provide medical services to the affected workers / employees till full recovery?

 

c) Section-60,71 Rule-69,70,71,73 Are accidents of all kinds (fatal, serious and minor) and dangerous occurrences properly reported to certain authorities?

 

d) Section – 90A Rule – 61,75 If there are 50 or more workers / employees, has the safety committee been formed and if so, is it conducting its activities as per schedule-4 of the labor rules?

 

6. Welfare system-

 

a) Article 69 (1-4) Rule 6 (1) (5) Is the 1st aid box or cupboard equipped with the necessary equipment prescribed as per the rules maintained under the supervision of a trained person in each branch of the factory and in an accessible location?

 

b) Article 92 Rule – 6,7,69,90 Is there a rest room / dining room or canteen as per the provisions of the law where applicable?

 

c) Article 94 Rule 94 If there are 40 or more workers / employees, do they have adequate quality children’s rooms with adequate lighting, air conditioning and necessary facilities for children under six years of age?

 

d) Section 94 (2) Rule-94 (5) (6) Are trained female staff employed to care for the children?

 

7. Working hours and Holidays ”“

 

a) Section 100, 102 Does the normal working hours of the worker / employee exceed the maximum limit of 8 hours daily and 48 hours per week prescribed by law?

 

b) Article-101 Rule-99 According to the provisions of the law, the workers / employees are given a break in the prescribed meal or rest?

 

c) Article-103 Rule-100 Is the provision of weekly leave recognized by the organization complied with?

 

d) Article 114 (1) Are the workers / employees employed in the organization given one and a half days continuous leave every week?

 

e) Section-104 Rule-101 Are workers / employees given compensatory leave in accordance with the law in respect of working on weekly leave?

 

f) Article 106 Rule-102 Is the extra work account and its allowance paid as per the provisions of the law?

 

g) Sections-41, 111, 113 Rules-35, 105 Is the work schedule pursued for the workers / employees (both adolescents and adults) consistent with the provisions of the law and approved by the inspector?

 

h) Section-10,115,117,116 Rule-106, 106 In case of granting personal leave (casual, sick and annual leave) to the workers, is the employer following the provisions of the law and maintaining the leave register in the prescribed form?

 

i) Article 118 Rule 108 According to the provisions of the law, workers / employees are given the opportunity to cash in leave?

 

8. Wages and Payments ”“

 

a) Section 148,149 Has the minimum wage rate announced by the government been implemented where applicable?

 

b) Section-121,123 Are the regular monthly wages and dismissal of the workers paid by the employer within the stipulated period prescribed by law?

 

c) Article-123 Are the wages paid to the workers within 07 (seven) working days after the end of the monthly wage period?

 

d) Rule-111 (5) Are workers / employees who complete one year of uninterrupted service given two festival bonuses a year?

 

e) Section-125 Rule-115,116,117 Are the provisions of the law complied with in the case of deduction from the wages of the workers?

 

f) Article 345 Are female and disabled workers paid the same as male workers for the same type of work?

 

9. Regarding social security (group insurance, worker’s participation in the company’s profits and future bills) ”“

 

a) Article 99 Rule-98 If there are 100 or more permanent workers / employees, has the employer introduced compulsory group insurance (for death and permanent disability) for workers under the existing insurance law?

 

b) Article 234 If applicable, is 5% of the company’s net dividend (based on audit report) credited to the participation fund, welfare fund and workers’ welfare fund at a fixed rate (80:10:10)?

10. Regarding violence in the workplace:

Article 332 Are women workers prevented from filing complaints?

 

 

11. Information about the organization ”“

 

a) Section-333 Rule-372 According to the rules, half-yearly and annual statements are submitted to the Inspector General in time?

 

b) Article 338 Rule 374 Are summaries of important parts of the law displayed in accessible public places?

 

12. Required Records-Registers (Must be checked and signed) during inspection

 

a) Appointment Letter, Identity Card and Service Book Issue Register Form-6

 

(a), Rule-19
b) Service Book Form-6, Rule-20
c) Labor Register Form-6, Rule-23
d) Holiday Register Form-9, Rule-24
e) Workers working in running machinery and PPE supply register form-23, rule-58
f) Lifter Examination Register Form-24, Rule-60
g) Pressure Vessel Examination Register Form-25 (a), Rule-72
h) Health Examination Register Form-27 (a), Rule-6 for dangerous driving
i) Daily Attendance and Overtime Register Form-34, Rule-102
j) Notice of Working Hour Approved by the Inspector (Young and Adult) Form-16, Rule-36, Rule-35,105
k) Wage Register Form-37, Rule-111
l) Wage deduction register form-39, rule-116
m) Accident Register Form-28, Rule-63
n) Half-yearly and Annual Return Form-60,71, Rule-372
o) Factory license issued by the Department of Factory and Establishment Inspection Form-6, Rule-355

 

 

This terms and conditions s created by the existing laws of the country specifically

 

1. Digital security Act 2018
2. The Information & Communication Technology Act, 2006.
3. The Pornography Control Act, 2012
4. Labor Act -2006 and
5. Labor Rules-2015
6. The national ICT policy 2018
7. The Official Secrets Act, 1923
8. Copyright Act, 2000.
9. INTELLECTUAL PROPERTY ACT, 2003
10. The Contract Act, 1872
Other existing laws of the country.