Legal and Policy Framework

Our guidelines ensure everyone follows the rules and stays protected within our legal framework

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1. GENERAL – SCOPE OF APPLICATION

1.1 The following terms and conditions apply to all business relationships between the customer and SANSARA BUILDTECH, also hereinafter referred to as “us/we”. These terms and conditions are an integral part of all contracts with the customer. These terms and conditions also apply to future services and offers, even if the customer does not separately agree upon them again.

1.2 The terms and conditions of our customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.

1.3 We expressly reserve the right to make changes to our terms and conditions, system policies, and prices by giving the customer prior notification via their customer account or using the email address the customer enters in their contact information.

1.4 The conditions and policies listed in the preamble apply in the order of precedence listed above.

1.5 Our employees and third parties commissioned by them are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the customer.

2. CONCLUSION, DURATION, AND TERMINATION OF THE CONTRACT

2.1 The contract is concluded when the customer submits their order and we accept their order in accordance with the provisions of point 2.4 of these terms and conditions.

2.2 Our offers are subject to change and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.

2.3 The customer declares that the data they provided on their customer account are correct and complete and shall notify us of any changes in this regard in writing within no more than 7 days. The customer is required to provide evidence of the correctness of the data upon request.

2.4 The customer enters into a binding contract by placing the order and by accepting these terms and conditions. We are entitled to accept or reject the contract in the customer’s order within a period of 5 work days after we receive the order. By merely confirming that we have received the customer’s order, we are not bound to accept their order and the contract it contains.

2.5 Contracts are concluded for an unlimited time period unless otherwise agreed.

2.6 The contract may be terminated by either party with 30 days’ notice to the end of the month, without specifying any reasons through a withdrawal form. Differing periods of notice may apply to the customers depending on the description of relevant services. Notice of termination may be given in text form by letter, fax, email, or via the customer’s account on our secure customer interface.

2.7 Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the customer fails to meet its payment obligations or violates other important customer obligations. A further important reason which may result in us locking or terminating the customer’s services or account without notice is if the customer uses content that impairs the regular operating behavior or the security of our infrastructure or our product, or violates paragraphs 8.1. – 8.3. of these terms and conditions.

2.8 If the customer intends to transfer their contractual rights and obligations to a third party, then our consent is required for this purpose. The customer must make their transfer request in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.

3. SCOPE OF SERVICES

3.1 The scope of the contractual products/services is based on the product description that is valid at the time of the customer’s order and the written agreements resulting from it. We reserve the right, after prior notice, to discontinue services we offer free of charge or to introduce fees for these services.

3.2 If the subject of the contractual relationship is the registration of domain names, we only are obligated to arrange the desired domain registration. We do not accept liability for or provide any warranty that the domain registration authorities will actually allocate the domain name that the customer requests in their order. The customer is only entitled to assume they will actually be allocated the domain name once we have confirmed the allocation. We have no influence on the domain allocation.

3.3 We undertake to make economically reasonable efforts to achieve an annual average network availability of 99.95%.

3.4 Restrictions apply as described under system policies.

3.5 If the service includes the allocation of an IP address, we do not perform a blacklist check of this IP address, and the customer has no claim to a specific IP address. We reserve the right to change the customer’s allocated IP address when necessary with prior written notice.

3.6 If we offer technical support services that go beyond the service description, then we invoice these separately.

4. PAYMENT CONDITIONS AND LATE PAYMENTS

4.1 We will invoice the customer for any contractually binding services using the updated prices visible on our websites, plus the statutory value-added tax. If the service is for shipped goods, the price includes postage and packaging from the specified storage location.

4.2 Depending on the contractual agreement, we process monthly, quarterly, or annual invoices using the agreed means of payment. The customer is obligated to comply with the terms and conditions of the payment service they use to pay their invoice.

4.3 If we permit the customer to make a late payment, we maintain the right, even without a reminder, to charge interest for the late payment beginning on the due date.

4.4 The customer is obligated to pay all fees and taxes incurred by using the service or by the third parties designated by the customer. Billing is free of charge exclusively in electronic form. There are corresponding fees for postal delivery.

4.5 The customer is obligated to comply with any applicable export and import control regulation, in particular the Indian regulations as well as all other relevant regulations.

5. ADMINISTRATOR RIGHTS AND DUTIES / DATA SECURITY

5.1 The customer has full and sole administrator rights for all products and services provisioned. The customer is responsible for managing and securing these products at their own expense and risk.

5.2 The customer, by using our services, is obligated to set up and manage their servers in such a way that does not compromise the integrity and availability of the networks, servers, and data of third parties. In particular, it is strictly forbidden to use the servers for (D)DOS attacks or to run open mail relays or other systems that are capable of performing these actions. If the customer violates this agreement, we reserve the right – without prior notice – to lock the server and terminate the contract without notice.

5.3 For the managed server products and services, we grant the customer only basic usage rights. We monitor these servers 24 hours a day for service disruptions and provide customer support free of charge for simple services. For more extensive services lasting 15 minutes or more, we charge a flat service fee that is subject to prior agreement with the customer.

5.4 The customer is obligated to use the services provided appropriately and to refrain from abusive and illegal actions.

5.5 The customer is responsible for making regular backups (backup copies) of their data; the backups should be stored outside the server provided by us. If data is transmitted to us on the customer’s servers, the customer is obligated to make regular backup copies of the data. The customer is obligated to perform a complete data backup prior to any change they make on their behalf or on the behalf of a third party. If there is nonetheless a loss of data, the customer is obligated to transfer the relevant data files to us again free of charge or to restore the data themselves.

6. USE BY THIRD PARTIES

6.1 The customer is entitled to grant third parties a contractual term of use to any services the customer orders from SANSARA BUILDTECH or its brands. In this case, the customer nevertheless remains the sole contractual partner. The customer continues to be solely and fully liable for compliance with the contractual agreements between us and the customer.

6.2 If the customer transfers user rights to their SANSARA BUILDTECH services to a third party, the customer is obligated at the time of transfer to ensure that all legal and contractual provisions are followed. This is true for any changes that require the cooperation of the third party.

6.3 If the third party violates the contractual obligations or does not comply with the obligation to cooperate, if the data provided by the third party is incorrect or incomplete, or if other problems arise with the granting of user rights to third parties, the customer assumes full liability for all resulting damages and, in addition, indemnifies us from all claims made against us by the third party or others.

7. USE OF THE SERVICES / CONTENT

7.1 The customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the IT Act 2000, India, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection laws on their own. The customer indemnifies us against all claims of third parties arising from infringements of these obligations.

7.2 The customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law. This includes in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people, or violate the rights of third parties (copyrights, name rights, trademark rights, and data protection rights). This also includes the publication of defamatory content, insults, or disparagement of persons or groups of persons.

7.3 The transmission of spam mail is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. The operation of applications for mining cryptocurrencies remains prohibited. These include, but are not limited to, mining, farming, and plotting of cryptocurrencies. We are entitled to lock the customer’s access to their account in the event of non-compliance.

7.4 If we become aware of illegal activities, we are obligated under IT Act 2000 to request that the customer immediately removes the offending content and we are entitled to lock the customer’s access to their account.

8. LIABILITY

8.1 The customer uses SANSARA BUILDTECH services at their own risk. We are liable for indirect damages in the case of intent or gross negligence, but not for loss of profit. We are liable for culpable infringements that are not due to gross negligence or intent for the foreseeable damage typical for this type of contract, up to a maximum of 100% of the price for the customer’s monthly product rental.

8.2 If the customer violates the content obligations mentioned in Section 7 of these terms and conditions, in particular regarding legal prohibitions and decency violations, the customer is liable to us for compensation for all direct or indirect damages arising from this, including financial losses. Furthermore, the customer is obligated to indemnify us against claims by third parties – irrespective of the legal basis – resulting from the customer or their designated third parties. The indemnification obligation also includes all incurred legal defense costs.

9. FINAL PROVISIONS AND SEVERABILITY CLAUSE

9.1 These terms and conditions and the contractual relationship between us and the customer are governed by the laws of the Republic of India, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

9.2 The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Jaipur. We are, however, entitled in all cases to initiate legal proceedings at the customer’s place of business. Superordinate statutory provisions, in particular, on exclusive jurisdiction, remain unaffected.

9.3 If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission be revealed in this contract. In place of the invalid or unenforceable provision, an appropriate provision will apply which, as far as legally possible, corresponds to the sense and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, just as if they had considered this point.

Last updated February 20, 2024

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Privacy Notice

This Privacy Notice (“Notice”), together with our cookie policy and other relevant legal notices posted on our website at www.BharatDatacenter.com, describes how The Constant Company, LLC and its affiliates (collectively, “Bharat Datacenter”, “we”, or “us”) collects, stores, uses and discloses personal data (i.e., personal information) from and about you (“Customer”, “you(r),” or “User”) in connection with our Services, as defined in our posted Terms of Use. (together with all our posted policies and disclosures, the “Terms”). As an initial matter, please note as follows:

  • This Notice does notapply to personal data in your User Content (as described in our Terms) such as on websites or other online services you host using our Services; in that context we operate solely as a data processor (i.e., service provider) subject to a Data Processing Agreement under our Terms.
  • You must accept our binding Terms in order to use our Services, and are strongly encouraged to read them in addition to this privacy policy.

1. How We Collect Information

We may collect information about individuals by various means, including: (1) directly from Users, both online (e.g., the Services) and offline (e.g., phone); (2) through automated means when Users use our Services; and (3) from third party sources, and from social media platforms that individuals may use to engage with us, for the purposes provided below and to supplement information we already possess.

2. Categories of Information We Collect

Some of the information we collect through or in connection with the Services is known as personal data, which generally means information that identifies an individual, and other information we associate with it. We may collect such information about you directly from you, from third parties, or automatically through your use of our Services. These categories are described in more detail below.

(A) Information you provide

In order to access or use certain portions or functionality of the Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

  • Persons who subscribe to our Services will be prompted to provide their name, physical address, e-mail address, phone number and necessary billing information. Within a registered Account (defined in the Terms), you may also provide additional profile information, user preferences, notification preferences and other such information.
  • You may provide personal data when filling in forms (for example, a ‘Contact us’ form), completing voluntary surveys, or otherwise interacting with us through online or offline communications. Persons who sign up for newsletters or other communications regarding our Services will be prompted to provide their e-mail address.
  • Prospective and current suppliers and subscribers, at a trade show or anywhere else we conduct business, when downloading documentation from our Services, by corresponding with us by phone, e-mail or otherwise providing contact details, or engaging in any business transaction with us. In these cases, typically, the personal data you provide may include name, business affiliation and job function, business contact information (physical address, phone number, email address), and any other personal details required for legal/compliance purposes or to resolve any inquiries or complaints. This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.

(B) Information we collect automatically

When you use our Services, our servers and software tools we use will automatically collects certain browser- or device-related information, including but not limited to: your domain, IP address, device identifier, date/time and duration of your visit, browser type, operating system, page visits, information referred to us from third parties, other technical information about your computer or device, and internet traffic activity.

In some cases this information constitutes personal data under US Privacy Laws, although we do not use this information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.

Our Services use cookies and similar technology tools as further described below and in our cookie policy at https://www.BharatDatacenter.com/cookie-policy/.

You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies. In addition, we endeavor to process “Global Privacy Control” (GPC) signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.

In general, we and our third party service providers use cookies and other tracking mechanisms, including those designed for mobile applications, to track information about your use of our Services. In some instances we may combine this information with other personal data we collect from you (and our third party service providers may do so on our behalf). Additional information about such technology and how we use it is provided below

  • Cookies are alphanumeric identifiers transferred to and stored by your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Services, including for online advertising purposes.
  • Disabling Cookies.Most web browsers automatically accept cookies, but if you prefer, you can adjust your browser options to block them in the future. Users of our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function correctly.
  • Clear GIFs (a/k/a. web beacons, web bugs or pixel tags).Clear GIFs are tiny unobtrusive graphics that appear invisible on web but trigger a browser call to a third party server that enables us to track User activities on the Services, better manage our content, and monitor Services metrics (such as page views and the performance of advertising campaigns directing traffic to certain website pages). We and our third party service providers may also use this technology in HTML emails to track email read and response rates, and track whether such emails are forwarded.
  • Third Party Analytics.We use certain third party performance tools such as Google Analytics to evaluate usage of our Services and help us improve our services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. To learn more about Google’s privacy practices, please review the Google Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
  • Third-Party Ad NetworksWe may use third parties to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to individuals regarding products and services they may be interested in. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal data , about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

(C) Information from other sources

We may also receive information about you from third party sources, such as fraud and risk scoring from businesses like MaxMind and Kount. We may also obtain information from social media platforms that individuals use to engage with us.

3. How we use your information

We may use your personal data as permitted or required by law for the following purposes:

  • To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill transactions, provide you with documentation or communications you requested and for other customer service purposes (e.g., sales, technical or billing support, or responding to queries or complaints);
  • To tailor the content and information that we may send or display to you, such as displaying information on your use of our cloud services, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services;
  • To administer and manage performance of purchase or sales agreements with our suppliers and customers;
  • To operate the Services including to evaluate, maintain, monitor performance, troubleshoot, improve and develop the Services (including by monitoring and analyzing trends, access to, and use of the Services to engage in advertising and marketing activities);
  • For marketing and promotional purposes, for example, we may use your email address to send you news and newsletters, special offers, promotions, or to otherwise contact you about products or information we think may interest you;
  • To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, and for other research and analytical purposes;
  • To administer surveys and questionnaires;
  • To protect and ensure the quality, security integrity and safety of the Services, our business operations, and our confidential and proprietary technology and information;
  • To prevent, detect, investigate, and address actual or suspected fraud, violation of law or our Terms, claims and other liabilities, or any threat of physical or financial harm to u, our staff or any other individuals or entities; and
  • As may be otherwise disclosed at the time of collection.

We also use non-personal or de-identified data, such as that collected automatically or aggregated from our data sources, for research and development activities, analytics purposes, or for marketing and other purposes. Such de-identified data is not subject to this Notice.

4. Notice Regarding Use of Our Community Forum and Internal Messaging

Any personal data provided in portions of a user profile, member directory, or other related Services that you set as public is directed to the public and should be deemed generally available to the public. We do not, cannot, and will not act to maintain the privacy of any personal data that you provide publicly in any such forum or medium.

Likewise, any internal messaging or community forum we make available for Users (such as for discussions regarding the Services) should not be considered secure or confidential and any personal data you directly share in such a forum is not considered private information. You must use caution when sending any personal data through such forums, and not transmit anything you do not want disclosed to the general public.

5. How We Disclose Your Information

We may share your information, including personal information, as follows:

  • We may share your personal data with service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include providers of IT infrastructure, payment processing, fraud detection, marketing and analytics services, professional services such as accounting or legal counsel, and other companies that work with us to improve or provide our Services). We only provide such data so they can perform their required functions on our behalf, and our agreements generally obligate them to comply with applicable privacy laws, keep the data safe and secure, and not use the data except for purposes provided. If you have an independent relationship with any such third party service provider, their use of your data may be governed by their independent relationship with you, and we are not responsible for such use;
  • We may share your data among our legal affiliates so they can support aspects of our Services or engage more broadly with those who may be interested in other products or services;
  • To comply with any laws, regulations or valid governmental or legal demands for such data, including in response to any criminal, civil, or administrative process, discovery request, subpoena, court order, writ, or other demand by authorities, private-party litigants, or other persons or entities that we believe to have the legal authority to obtain such data;
  • As necessary to identify, contact, report or bring legal action in regard to violation of our Terms or other user policies such as out Acceptable Use Policy;
  • To protect ourselves, our business partners and customers, or the general public. For example, we may, where appropriate or required, disclose personal data to law enforcement in the event that a suspected or confirmed crime;
  • In connection with the potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets; and
  • To the extent permitted by law and as described herein, we may share limited identifying information with advertising and analytics partners, subject to any required consents and respecting any required opt-in or opt-out rights provided by applicable laws.

Where appropriate, we will limit sharing of your personal data in accordance with the choices you have provided us and applicable law.

6. Marketing Communications

Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail, including to inform you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails. If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.BharatDatacenter.com/unsubscribe/ or by clicking the opt-out link at the bottom of such emails. If you opt out of marketing emails, you may still receive administrative or system emails and other notices specifically related to your Account.

7. How to Access or Modify Your Information.

We offer our Registered Users the ability to access or modify a lot of personal by logging into your Account and going to your profile page. If you need further assistance for such changes, please contact our Customer Service Department as directed at https://www.BharatDatacenter.com/contact/.

If you reside in certain states or international jurisdictions, you may be entitled to exercise additional rights with respect to your personal data. Please see the next two sections for more information.

8. State-Specific Privacy Rights

(A) State specific Privacy Policies are outlined in the US Privacy Policy

This Section is provided specifically for California, Virginia, Connecticut, Colorado, Delaware, Utah, Iowa, Indiana, Tennessee, Oregon, Montana, and Texas. In addition to the disclosures provided in this Policy, (if you are a resident after January 1, 2024) you can exercise certain additional rights regarding your Personal data:

  • You may request a copy of the following: (1) the categories of personal data we collected about you; (2) the categories of sources from which the personal data is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the personal data; (4) the categories of third parties with whom we shared personal data, and the categories of personal data shared; and (5) the specific pieces of your personal data that we have collected, used, disclosed, or sold.
  • You may request that we (and our service providers) correct your personal data if it is inaccurate or delete your personal data. Note that deletion requests are subject to certain limitations, for example, we may retain personal data as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for certain other internal business purposes described in this Notice.

If you have an Account with us, you may access and change certain personal data (such as profile and transaction information) directly through your Account after logging in to the Services. Otherwise, to request a copy of personal data we have collected about you, to request a correction of your information, or to request that the your information be deleted, please contact us as provided at https://www.BharatDatacenter.com/contact/. You may authorize another person (your “agent”) to submit a request on your behalf the same way. Shortly after you (or your agent) submit a request, we will check our records for matching information and contact you (via email at the email address provided during submission of your request) with instructions on how to verify the request before we fulfill it. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws. Note that you can access and update Account information, or opt out of email marketing, as provided above.

You also have the right at any time to opt out of (i) selling or sharing of your personal data to third parties, and (ii) targeted advertising through third parties. We do not transfer your personal data to third parties in exchange for money but information may be shared with certain third party advertising partners for our targeted advertising purposes, specifically, limited identifying information may be shared with such partners through targeting cookies or other means.

  • You can click on the “Your Privacy Choices” link in our website footer to opt-out of third party targeting cookies.As noted above, we also endeavor to process GPC signals from web browsers by automatically opting-out such visitors from third party targeting cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.
  • Other than with respect to such targeting cookies, you can contact us at https://www.BharatDatacenter.com/contact/ as provided above to exercise your opt-out rights.

Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to Users, and we do not collect, use or disclose sensitive personal data (such as government identification number, precise geolocation, financial account credentials, etc.) except for the specific purpose(s) that you provide it.

We may not, and will not, discriminate against any individual for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your personal data with our affiliates and service providers, and as otherwise directed by you, for the purposes described in this Notice.

If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific personal data that concern you. We will endeavor to provide a prompt response. If we deny your appeal, you can raise concerns with your state’s Office of the Attorney General.

(B) Residents of California Only

This Section is provided specifically for California residents.

  • Financial Incentives.We do not generally provide a loyalty program or other financial incentive in return for the collection or use of personal data. On some occasions we may engage in a limited-time marketing event, promotional offer or discount on fees that includes a registration or other collection of personal data, and we will disclose the benefits and terms of that promotion at the time of collection.
  • Privacy rights requests for non-customers.
    • California privacy rights apply to all individuals (not just website visitors or Registered Users), including job applicants, current and former employees, contractors and business partners. Job applicants may provide contact information and resume-related information (e.g., past education and experience) as well as complete relevant background checks. Employees receive internal privacy disclosure relevant to them. Contractors and business partners provide business contact information and payment- related information as necessary to facilitate a prospective or actual business relation. Due to the nature of these relationships, the precise collection and use of personal data can vary.
    • All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests described above, by contacting us at legal@BharatDatacenter.com. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request.
  • Do Not Track.Do Not Track (DNT) is a privacy preference you can set in most browsers but there is no standard interpretation or practice for responding to DNT signals (see https://allaboutdnt.com/ for more information), and we therefore handle all user information consistent with this Notice. We do endeavor to support browser GPC signals as discussed above.
  • Direct Marketing.We do not share personal data such as your contact information with third parties for their own direct marketing purposes.
  • California Minors.As stated above, our Services are intended for a general audience and not directed toward children or those who cannot enter into binding Terms with us. In the event a California resident under the age of 18 has posted information to a public-facing forum we offer, the individual may contact us as directed below to request that we remove or anonymize such content to the extent required by California law.

(C) Nevada residents

Please note that we do not sell personal data as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), but you can submit a request to us as directed below regarding the sale of such information.

9. International Notices

This section is specifically intended for individuals residing outside of the United States (“US”). This includes residents of the European Economic Area (“EEA”) including the European Union (“EU”), the United Kingdom (“UK”), Switzerland and other relevant jurisdictions with respect to privacy and data protection laws applicable to us.

(A) Legitimate Bases for Processing

Where required by law, all processing of personal data is justified by a legally-recognized basis for processing. In the majority of cases, processing will be justified on one or more of the following bases for processing:

  • The processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fulfill an order), or to provide product information you have requested;
  • The processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
  • The processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, website user, supplier and customer data to reasonably and responsibly conduct and develop our business activities without abusing any privacy interests or rights of such individuals; and
  • In some instances, we rely on your consent to our processing (at times as a secondary basis for processing in an abundance of caution).

(B) Transfer of Personal Data

If you are in the EEA/EU, the UK, Switzerland or another jurisdiction that has imposed specific legal requirements regarding the lawful transfer of personal data from that jurisdiction to another country (e.g., the US), to the extent that we engage in such a transfer of your personal data (a “Cross-Border Transfer”) we will take steps to ensure that such Cross-Border Transfer satisfies applicable legal requirements. In particular:

  • If we transfer personal data to a jurisdiction deemed by relevant regulatory authorities to provide adequate protection for personal data, we will rely on such adequacy decision, as applicable; and
  • If we transfer personal data to a jurisdiction that is not recognized under such an adequacy decision, we will take steps to conduct the Cross-Border Transfer using other legally-valid mechanisms, such as by entering into data transfer agreements with standard contractual clauses (“SCCs”) among our affiliates and with relevant service providers, in any necessary supplementary safeguards. We currently rely on SCCs for Cross-Border Transfers to the US, and are monitoring evolving laws and regulatory developments to assess if and when alternative or supplemental measures are available or necessary.

For more information about the mechanism under which your personal data may be subject to Cross-Border Transfers, please contact us at legal@Bharat Datacenter.com.

(C) Exercising Your Privacy Rights

Residents of certain jurisdictions are entitled to exercise certain rights under privacy laws applicable to their personal data. The rights described below are, for example, applicable to residents of the EEA/EU, Switzerland, UK, Brazil and other jurisdictions with laws similar to GDPR.

  • Right to withdraw consent– to the extent we rely on consent for the collection, use or disclosure of your personal data, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change available settings in your Account, use the ‘unsubscribe’ link in our emails, or contact us directly.
  • Right of access, rectification, and erasure– you have the right to request access to and obtain a copy of your personal data that we maintain, to request correction of any inaccurate data about you, or request the deletion of your personal data. We will fulfill these rights consistent with legal requirements and guidance as to our obligations. Note that in many respects you can access and correct much of your personal data directly by logging into your Account.
  • Data portability– o the extent we rely (as the legal basis for processing) upon your consent, or our processing is necessary to perform a prospective or actual contract with you , and personal data is processed by automatic means, you have the right to receive the personal data which we received in a structured, commonly-used and machine-readable format, that can be transmitted to another party where technically feasible.
  • Right to restriction of processing– you have the right to restrict our processing of your personal data where:
    • you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
    • where the processing is unlawful but you do not want us to erase the personal data;
    • where we no longer need your personal data for the purposes of processing, but you require such personal data for the establishment, exercise or defense of legal claims; or
    • where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
    • Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims.
  • Lodge a complaint– You also have the right to lodge a complaint with the supervisory authority where you reside, work or where alleged infringement occurred, if you consider that the processing of your personal data infringes applicable law.
  • Right to object to processing (including profiling) based on legitimate interest grounds– where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider requests in this regard on an individual basis.
  • Right to object to direct marketing (including profiling)– you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events

Please contact us as provided at https://www.BharatDatacenter.com/contact/ if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.

10. Security Measures

We maintain commercially-reasonable security measures designed to protect the transmission and storage of personal data, and ensure the integrity and security of our network and systems . This can include technical measures like encryption and firewalls, and organizational measures like security policies and procedures. Nevertheless, we cannot guarantee that our security measures will prove effective in all instances, such as due to sophisticated cyber-attacks. We will make any legally required disclosures in the event of any compromise of your personal data, and to the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

11. Retention of Personal Data

We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected including (i) to provide you with our products and services, such as to maintain Account records while active and after termination for the purposes described above, and (ii) as reasonably as necessary for legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

With respect to marketing (absent other bases for collection or use), we endeavor to only retain personal data for 18 months after your last request for service or we engage in some other form of contact.

12. External Sites

This Notice applies solely to personal data collected by our Services or in the course of our business activities. The Services may contain links to third party websites or services (including social media platforms). Bharat Datacenter does not control nor is responsible for the privacy practices of those third parties and we encourage you to review the privacy policies of these third parties before using their websites or services.

You may see us promoted by other businesses on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our brand may be displayed or promoted, and if you believe that we are featured in venues that are inappropriate or offensive, please contact us.

13. Children

The Services are not intended for use by children under the age of 16 or anyone not of legal age to enter into the binding Terms with us, and Bharat Datacenter does not knowingly collect, store, share or use the personal data of children under 16 years as a controller. If you are under the age of 16, you may not use the Services or provide any personal data to us. If anyone reports to us that we received personal data concerning any children under the age of 16 we will endeavor to promptly delete all such personal data.

14. Job applicants and other non-Users

Job applicants provide us with personal data as part of an employment application and review process that includes information like the applicant’s name, email, address and the contents of a resume and cover letter. We generally use this information to evaluate the individual for employment with us. Job applicants may provide additional information such as for routine background checks performed by a third party provider of such services. Other individuals we interact with may likewise provide us with contact information or other personal data in connection with our perspective, current or former relationship. We may provide more detailed privacy disclosures and request specific consent to use personal data from any such individuals at the time of collection, and you may exercise privacy rights afforded to you under applicable laws, such as the rights described above.

15. Changes to this Notice

We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner, subject to applicable laws. You should periodically check for any modifications of this Notice by visiting this webpage and using the ‘refresh’ button on your browser

When visiting this page, note the ‘last modified’ data on this Notice. If the ‘last modified’ date remains unchanged, you may presume that no substantive changes have been made since the last reading of the Notice. A changed ‘last modified’ date indicates that this Notice has been updated or edited, and the modified version supersedes any prior versions.

16. Contact Information

If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us as directed at https://www.BharatDatacenter.com/contact/.

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India Digital Personal Data Protection Act Privacy Notice

The Constant Company, LLC (“Bharat Datacenter”, “we”, “us”, or “our”) believes it is important that you understand how Bharat Datacenter collects, stores, shares, and uses information from and about our Site (as defined below) visitors, subscribers, customers and vendors (“you”, or “your”).

Digital Personal Data Protection Act

This Privacy Notice (“Notice”), our cookie policy and other legal notices posted on this website, www.Bharat Datacenter.com (“Site”) describe our collection, use and disclosure of personal data.

(i) collected through the Site, or

(ii) when you subscribe to, or otherwise use our online services (“Services”), or

(iii) in the course of our business activities conducted elsewhere, whenever we act as the data fiduciary of that data and when its processing is governed by India’s Digital Personal Data Protection Act (“DPDPA”).

This Notice does not apply to the information collected, stored, shared, or distributed by third-party websites.

For the purpose of DPDPA, Bharat Datacenter is the data fiduciary of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any data about an individual who is identifiable by or in relation to such data.

Information We Collect Automatically

When you visit our Site, or use our Services, our servers automatically collect certain browser or device generated information, including but not limited to:

  • your domain;
  • your IP address;
  • your date, time, and duration of your visit;
  • your browser type;
  • your operating system;
  • your page visits;
  • information from third parties;
  • other information about your computer or device; and
  • Internet traffic

In some cases this information constitutes personal data, we do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.

2. Information You Provide

In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

  • Persons who subscribe to our Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
  • Persons who complete registration forms to sign up for membership on our Site will be prompted to provide their e-mail address.
  • Site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a ‘Contact us’ form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by participating in the forums; by providing feedback or ratings; by corresponding with us by phone, e-mail or otherwise providing contact details. This includes information uploaded as part of your own content or the content of your end users. In these cases, typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
  • Persons who create an account on the Site, their passwords will be collected.

This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.

3. Information from Other Sources

We may also obtain fraud and risk-scoring data about you from third parties, namely MaxMind and Kount.

4. Cookies

Our Site uses cookies. More information about our use of cookies can be found in our cookie policy https://www.Bharat Datacenter.com/legal/cookie-policy/.

5. Use of Personal Data

The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you when you request them as detailed below.

All processing and use of your personal data are done in accordance with the provisions of DPDPA where either you have provided consent or for certain legitimate uses. In the majority of cases, processing will be justified on the basis that:

  • the processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fill an order), or to provide product information you have requested;
  • the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
  • the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, Site user, supplier and customer data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
  • you have consented to the processing.

We use the personal data we collect to:

  • provide you with Services you have subscribed for, or otherwise requested;
  • provide you with documentation or communications which you have requested;
  • administer and manage performance of purchase or sales agreements with our suppliers and customers;
  • provide after-sales support;
  • correspond with users to resolve their queries or complaints;
  • market Services to persons whose Services have expired or otherwise been canceled;
  • engage you about events, promotions, the Site and Bharat Datacenter’s Services;
  • process, evaluate and complete certain transactions involving the Site, and more generally transactions involving Bharat Datacenter’s products and services;
  • operate, evaluate, maintain, improve and develop the Site (including by monitoring and analyzing trends, access to, and use of the Site for advertising and marketing);
  • to increase your (and other users’) experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
  • protect and ensure safety of the Site, Bharat Datacenter confidential and proprietary information, and Bharat Datacenter employees;
  • manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;

We also use non-personal data and aggregate information, such as that collected automatically, to customize our marketing efforts or to customize the use of the Site for an aggregate group of customers.

Bharat Datacenter will not sell or rent your personal data to third parties.

6. Disclosure of Personal Data

We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:

  • to satisfy any laws, regulations, or governmental or legal requests for such data;
  • to disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
  • to protect ourselves, our subscribers, and the general public. We may, where appropriate or required, disclose information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process;
  • to cooperate, where required, with law enforcement authorities, private- party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process; or
  • share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets.

7. Transfer of Personal Data

By accessing the Site, you agree and provide your consent to transfer and store personal information to our servers located in Bangalore, Delhi, and Mumbai, India. For a complete listing of all data centers and locations please visit https://www.Bharat Datacenter.com/features/datacenter-locations/. We undertake all reasonable measures to ensure the security of the personal information shared by you.

8. Children

The Site is not for use by children under the age of 18 years and Bharat Datacenter does not knowingly collect, store, share or use the personal data of children under 18 years. If you are under the age of 18 years, please do not provide any personal data, even if prompted by the Site to do so. If you are under the age of 18 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Bharat Datacenter and Bharat Datacenter will delete all such personal data.

9. Marketing Emails

Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our Services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails.

If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out the form at https://www.Bharat Datacenter.com/unsubscribe/ or by clicking the opt-out link at the bottom of these emails.

If you opt out of marketing emails, you may still receive system notices and other information that is specifically related to your subscription or account.

10. Security

We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make reasonable efforts to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-parties from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.

11. Retention of Your Personal Data

Bharat Datacenter maintains personal data only for as long as required to fulfill the purposes for which it was collected, except Bharat Datacenter may retain personal information as described below:

11.1. Legitimate Purpose: Personal information necessary for our legitimate purposes, such as record keeping, resolution of disputes, enforcement of our agreements, protection of our rights, prevention and detection of fraud, or misuse of our Services, may be retained as long as necessary to fulfill such legitimate interests. We will not retain personal information for such legitimate purposes if we believe that your interests or fundamental rights and freedoms override our legitimate interests.

11.2. Legal Obligations: Personal information necessary to fulfill our legal obligations, such as taxation, data retention, reporting obligations, and other obligations under applicable law, court order, or law enforcement request, may be retained as long as required to comply with such legal obligations.

11.3. Marketing Emails: With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.

12. External Links

The Site may contain links to third-party sites. Since Bharat Datacenter does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third-party sites. This Notice applies solely to personal data collected by our Sites or during our business activities.

Your Rights

Please contact us as indicated in Clause 15 (Contact information) if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.

  • Right to erasure:Bharat Datacenter deletes personal information under Clause 11 above. You may, at any time, request Bharat Datacenter to delete your personal information. In certain situations, we may retain some or all of your personal information in accordance with Clause 11 above. We may refuse to grant this request if we consider the retention of personal information to be necessary for us to protect our legal rights, for law enforcement purposes, for compliance with a legal requirement or court order, or for detection or prevention of fraud or misuse of our Service or properRes.
  • Right to access and correction:Upon request by you, we will inform you whether we hold any personal information, and if yes, what personal information we have. Some categories of your personal information can be modified in your account. For personal information that cannot be modified through your account, please contact us. Unmodified personal information may remain in back-ups and records subject to Clause 11 above.
  • Right of grievance redressal:You have the right to grievance redressal, facilitated by Bharat Datacenter, concerning any act or omission concerning the fulfillment of obligations pertaining to your personal data or the exercise of your rights under the provisions of the DPDPA. Bharat Datacenter is committed to responding to any grievances promptly from the date of the receipt of such request. You may only approach the Data Protection Board after notifying us of your grievance first.
  • Right to nominate:You may designate an alternate individual who, in the event of the Your demise or incapacitation, may duly exercise the rights conferred in this Privacy Policy.

You may contact the Data Protection Board if your grievance is not resolved by Bharat Datacenter.

14. Changes to this Notice

We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications to this Notice by re-visiting this web page and using the ‘refresh’ button on your browser.

You should note the date of the last revision to this Notice, which appears at the top of this Notice.

  • If the ‘last modified’ date remains unchanged after you have clicked the ‘refresh’ button on your browser, you may presume that no changes have been made since the last reading of the Notice.
  • A changed ‘last modified’ date indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

Contact Information

Should you have any inquiries regarding this notice, or should you require translation of this notice into your regional language, or if you wish to assert any of your rights, please contact us at:

privacy@BharatDatacenter.com

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This Acceptable Use Policy (the “AUP”) describes prohibited uses and acceptable practices relating to the use of The Constant Company, LLC and its affiliates (“Bharat Datacenter”, “us”, “our”)’s network of internet properties (including online platforms, websites and applications), products, materials and online services (collectively, the “Services”) by Bharat Datacenter’s customers and users that have gained access to the Services by visiting, purchasing Services and/or registering accounts (collectively, “You,” “Customers,” or “Users”). The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement with Bharat Datacenter, including our Terms of Service (the “Terms”) to which this AUP is incorporated by reference.

The examples described in this AUP are not exhaustive. We may modify this AUP at any time by posting a revised version on the Services. By using the Services, You consent to be bound by the terms of the latest version this AUP. Terms not defined herein are defined in our Terms of Service. You agree to comply with this AUP. You also agree to require your end Users to comply with this AUP. If you violate the AUP or authorize or help others to do so (including your end Users), we may suspend or terminate your use of the Services and delete your Account.

1. No Illegal, Harmful, or Offensive User Content, or Use

You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, criminal, unlawful, harmful, fraudulent, infringing or offensive use or enterprise, or to transmit, store, display, distribute or otherwise make available information or content (including User Content) that is illegal, unlawful, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

  • Illegal, Harmful or Fraudulent Activities.Any activities that are illegal, tortious, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
  • Infringing Content and/or Use.Content that infringes or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information, or taking information directly from Bharat Datacenter and/or our Users, and using it for your own personal or business purposes without permission or proper attribution. You agree NOT to attempt to resell Bharat Datacenter’s products and/or access to the Services without our written permission.
  • Offensive Content.Content that is harmful to minors in any way, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sex acts or that promotes racism, bigotry, hatred, religious intolerance, misogyny, or physical harm of any kind against any group, individual or animal.
  • Harmful Content.Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • False Content.Submitting any content or information that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous qualifications, or your affiliations with a person or entity, past or present, or assuming another’s identity.

2. No SPAM, E-Mail or Other Message Abuse

You agree to comply at all times with our Anti-Spam Policy. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “SPAM”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not use ANY of our communication tools (forums, messaging, feeds) to market other businesses or opportunities not related to (or approved by) the Service.

3. No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access.Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Monitoring of data or traffic on a System without permission.
  • Falsification of Origin.Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.

4. No Network Abuse

You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling.Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Services (DoS).Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference.Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services.Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions.Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
  • Excessive Use.In the event any instance uses excessive CPU from your activities that are not otherwise prohibited, Bharat Datacenter reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.

5. Authorized Use

You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you, including, without limitation, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the Services in a professional manner.

6. Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may:

  • investigate violations of this AUP or misuse of the Services;
  • review any User Content, and remove, disable access to, or modify any content or resource (including User Content) that violates this AUP or any other agreement we have with you for use of the Services;
  • monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.

If you violate this AUP or any other provision of the Terms of Service or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.

Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this AUP.

In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of Bharat Datacenter, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that Bharat Datacenter, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce this Acceptable Use Policy, and our Terms of Service.

Bharat Datacenter does not control or endorse the Content, messages or information found in the Services and, therefore, Bharat Datacenter specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. Bharat Datacenter shall have no obligation to maintain any Content after termination of the Services.

7. Sample list of Prohibited Activities

The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:

  • Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  • Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property.
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site’s privacy policy (if any).
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Host TOR exit nodes.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  • Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
  • Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of Bharat Datacenter IP space or ASN.
  • Utilizing autodialers or other VOIP based robocalling software.
  • Bharat Datacenter customers are NOT permitted to utilize and deploy our services to conduct and deliver DOS/DDOS mitigation as a service.
  • Use the Service for CPU (Central Processing Unit) or GPU (Graphics Processing Unit) cryptocurrency mining.
  • Inappropriately use the Bring your own IP feature (BYOIP / BGP) for the purpose of hijacking, parking, or any other use not directly related a legitimate service or proportionate to the deployed Bharat Datacenter services.

8. Reporting of Violations of this AUP

If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this AUP, please contact us at abuse@BharatDatacenter.com.

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Our Website, https://www.BharatDatacenter.com, adopts the following Anti-Spam Policy, effective January 29, 2024

1. PREAMBLE

This Spam Policy pertains to all Websites owned or operated by The Constant Company, LLC (hereinafter “Bharat Datacenter.com “). Bharat Datacenter.com subscribes to a strict “No Spam” Policy as exhibited and explained by this Policy. Bharat Datacenter.com will not profit from, nor allow anyone else to profit from Spam of any kind. Bharat Datacenter.com will terminate any and all relationships with any entity producing illegal Spam, and Bharat Datacenter.com will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.

  • Who should read and follow this Policy:
    • If you have any relationship, whatsoever, to Bharat Datacenter.com, you must, as a condition of a continued relationship with Bharat Datacenter.com read and familiarize yourself with this Policy and follow it in its entirety.
  • The Parties addressed in this Policy are:
    • The Constant Company, LLC d/b/a https://www.BharatDatacenter.comwhich may also be referred to as “Bharat Datacenter” OR Bharat Datacenter.com or “We, Us, or Our.”
    • All Affiliates or members of the Website.
    • Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) (“Affiliate” or “you/your”), of Bharat Datacenter.com. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.

2. ZERO TOLERANCE FOR UNSOLICITED E-MAIL

We consider any dissemination of unsolicited commercial email (i.e., “spam”) to be STRICTLY PROHIBITED.

Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about Bharat Datacenter.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.

Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.

We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:

  • Spim or instant messenger Spam;
  • Spamming of internet newsgroups;
  • Spamming on Craigslist or other classified services, except in areas designated for such use;
  • use of any personal service to Spam other members;
  • any other method of Spamming.

In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be “on topic” and properly listed.

3. INDEMNIFICATION

All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. Bharat Datacenter.com shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.

4. ADDITIONAL INFORMATION

Bharat Datacenter.com may suspend any instance which it believes to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, pending investigation/resolution in cooperation with the account holder.

Any questions or comments regarding this Anti-Spam Policy should be directed to: abuse@BharatDatacenter.com.

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Cookies

The Company, LLP (hereafter referred to as “Bharat Datacenter”) operates the www.BharatDatacenter.com website (“Website”). This cookie policy pertains to the Website.

1. Cookie Usage

Our Website utilizes technologies aimed at enhancing user experience and engagement, ensuring smooth website operation, and providing web services and functionalities to all visitors. These technologies include cookies, pixel tags, local storage, and scripts (collectively referred to as “cookies”).

Cookies serve various purposes, including calculating web statistics, facilitating online advertising, and enhancing visitor experience on our Website. As your privacy is of utmost importance to us, we wish to inform you about the types of cookies used on our Website and the reasons for their use.

The following types of cookies may be employed on our Website:

  1. Functional Cookies: Essential for the proper functioning of our Website, these cookies save preferences, detect misuse, and manage server load, ensuring website availability. Certain services cannot be provided without these cookies.
  2. Web Statistics Cookies: Used to identify visitor interests, these cookies enable us to optimize the structure, navigation, and content of our Website for enhanced user-friendliness. They track the number of visitors, their duration on pages, page visit sequence, areas needing improvement, and overall website optimization. Third-party software like Google Analytics may be utilized for these purposes.
  1. Social Media Cookies: Our Website may incorporate third-party plug-ins (e.g., Facebook “like” button), which may collect information such as IP address and viewed pages, governed by the third party’s privacy policy.
  1. Advertising Cookies: Third-party tracking mechanisms may collect data for interest-based advertising across unaffiliated websites. For instance, your visit to our Website may trigger targeted advertisements for Bharat Datacenter products on third-party websites. Additionally, information collected may be used to establish connections between related web browsers and devices for targeted advertising, analytics, attribution, and reporting purposes.
  1. Other Cookies: This category encompasses cookies not falling under the above types, including those bundled via Google Tag Manager.

We may use the following cookies on our Website:

Name cookie

Stored by

Purposes / Data collected

Expiry date

various

AdRoll

Marketing. Measure the effectiveness of our online advertising.

Various

_uetsid

Bing

Marketing. Measure the effectiveness of our online advertising.

4 Hours

MR

Bing

Marketing. Measure the effectiveness of our online advertising.

6 Months

MUID

Bing

Marketing. Measure the effectiveness of our online advertising.

1 Year

IDE

DoubleClick

Marketing. Measure the effectiveness of our online advertising.

6 Months

DSID

DoubleClick

Marketing. Measure the effectiveness of our online advertising.

1 Year

fr

Facebook

Marketing. Measure the effectiveness of our online advertising.

3 Months

_ga

Google Analytics

Marketing. Measure the effectiveness of our online advertising.

2 Years

_gid

Google Analytics

Marketing. Measure the effectiveness of our online advertising.

24 Hours

_gat

Google Analytics

Marketing. Measure the effectiveness of our online advertising.

1 Minute

drift_aid

Drift

Marketing. Measure the effectiveness of our online advertising.

2 Years

driftt_aid

Drift

Marketing. Measure the effectiveness of our online advertising.

2 Years

drift_campaign_refresh

Drift

Marketing. Measure the effectiveness of our online advertising.

30 Minutes

driftt_eid

Drift

Marketing. Measure the effectiveness of our online advertising.

2 Years

drift_eid

Drift

Marketing. Measure the effectiveness of our online advertising.

2 Years

drift_ujwt

Drift

Marketing. Measure the effectiveness of our online advertising.

2 Years

guest_id

Twitter

Marketing. Measure the effectiveness of our online advertising.

2 Years

personalization_id

Twitter

Marketing. Measure the effectiveness of our online advertising.

2 Years

persona

Bharat Datacenter

Improve product suggestions.

24 Hours

2. Cookie Management:

If you prefer not to have cookies stored on your device while accessing our Website, you have the option to adjust your browser settings accordingly. This can include receiving notifications before certain cookies are stored or configuring your browser to reject most or specific cookies,including those from third parties. You also retain the right to revoke your consent to cookies by deleting those already stored.

However, please be advised that opting out of cookies may impact the functionality of our Website. Certain features may become unavailable, and you may be unable to access certain sections of the Website. Kindly note that adjustments to cookie settings must be made individually for each browser and device used. Additionally, such methods may not apply to certain non-cookie online tracking technologies. The procedures for modifying cookie settings vary among browsers. For guidance, consult the help function of your browser or refer to the user manual provided by the browser manufacturer.

For additional assistance, you may utilize software products designed to manage cookies or visit www.ghostery.com to accept or decline each cookie utilized on our Website.

To gain further insight into cookies, including methods for viewing, managing, or deleting them, please visit www.allaboutcookies.org.

3. Contact Information

Should you have any inquiries regarding the cookies employed on our Website, please reach out to us via our Contact page at https://www.BharatDatacenter.com/contact/.

4. Policy Revisions

We reserve the right to amend this cookie policy periodically by posting the updated version on our Website. We recommend checking the Website regularly for any revisions.

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1. 100% Uptime Guarantee

Bharat Datacenter offers a 100% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the “SLA.” This SLA is provided as a supplement to the Hosting Terms and Conditions You agreed to in becoming a Bharat Datacenter customer, which is hereby incorporated by reference as an indispensable part of this SLA.

This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) servers with Us, and one (1) of those servers experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) server’s downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of Bharat Datacenter’s web property, DNS servers, API, or control panel.

2. Packet Loss and Latency

Bharat Datacenter does not proactively monitor the packet loss or transmission latency of specific customers. Bharat Datacenter does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that Bharat Datacenter discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from Bharat Datacenter’s border router(s) (first hop of egress providers router) and You notify Bharat Datacenter via a support ticket (or Bharat Datacenter has notified You of an event), Bharat Datacenter will take all actions necessary to determine the source of the Excess Packet Loss/Latency.

3. Limitations

The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“host node” outage, for any reason and whether or not such outage is caused by Us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.

Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.

Bharat Datacenter Talon Cloud GPU product has limited availability. Due to this limitation, GPU instances are not included in the Bharat Datacenter SLA. In the event of a hardware failure, Bharat Datacenter will make a best effort to restore your GPU instances in the same or nearest location as quickly as possible. Upon request you will be refunded for any period of downtime of your GPU instance.

4. Outage Credits

In accordance with the procedure outlined below, you must initiate a support ticket and request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting a credit is what triggers an event for any potential credits; however, Bharat Datacenter must still determine, in its sole discretion, whether or not an eligible outage has occurred. If Bharat Datacenter determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below:

Outage Time Frame

Credit Amount

Less than 9 minutes

12 Hours

10 – 59 minutes

24 Hours

60 – 119 minutes

48 Hours

120 – 239 minutes

120 Hours

240 – 419 minutes

240 Hours

420+ minutes

672 Hours (1 Month)

5. How To Obtain Your Credit

In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. DO NOT ASSUME THAT WE ARE AWARE OF YOUR OUTAGE. Your outage may be wholly unrelated to Bharat Datacenter’s services, so unless You contact Us via a support ticket, We may not be aware any problem exists. Outages related to hardware or other services or events not under Bharat Datacenter’s control are not eligible for any guarantee or credit offered under this SLA.

You may initiate such support ticket via e-mail to support [at] Bharat Datacenter [dot] com, or the my.Bharat Datacenter.com interface. Whichever method You choose, You MUST obtain a Bharat Datacenter ticket number as proof that you initiated a support ticket related to the outage, and the support ticket MUST ask for a credit related to the outage. As stated herein, the timestamp on the support ticket will mark the beginning of an outage should Bharat Datacenter determine that an eligible outage occurred. If Bharat Datacenter was aware of the issue before You were, Bharat Datacenter may notify You of the outage. In such instance, You must still initiate a support ticket to confirm that You are aware of the outage, and such support ticket must still also request a credit. To be clear, You must have a support ticket number in order to receive any credits under this SLA.

You agree and acknowledge that all other terms, limitations, exclusions, disclaimers and requirements contained in Bharat Datacenter’s Hosting Terms and Conditions apply to this SLA.