If you have made the minimum financial commitment for Service Level Agreement ("SLA") coverage, then the Service Level Agreement(s) listed below are part of this Agreement for those Services you are buying
You are required to comply with applicable law and have certain obligations with respect to their use of the Services. You are also required to cooperate with us and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.
You agree to be fully responsible for all use of your account i.e., Web Hosting, Email services and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
An email/web hosting account can be compromised in a number of different ways. In some cases, your password may be weak and easily guessed or obtained through a public breach. In other cases, you may have clicked on a malicious link in an email, social networking site, or webpage. Or, you may have downloaded an app or file that contained malicious scripts.
It has been observed that incidents of data breach and data leaks affecting organisations are on the rise. In such cases of data breaches, the main targets of attackers are businesses, financial institutions, healthcare sector, e-commerce portals.
Here are some red flags that may indicate your account has been compromised:
Here are some steps you can take if your account has been compromised. If you think your account has been compromised but you are not sure, it is better to err on the side of caution and follow these steps:
Login to your email account and reset your password using a strong password.
sign out/End of all sessions on all devices. Even after you change your password, if the attacker has an active session, they may be able to continue to send emails from your account.
Reset any additional accounts that the attacker may have gained access to. These may include financial institutions, shopping sites, and social media sites. There may be references to these accounts in your email. Remember to use unique passwords for each and every account. If not, if one account gets compromised, they all become compromised.
Enable Multi-Factor Authentication (MFA) on your e-mail account. This provides an additional layer of protection to login to your email account. It requires a code from a text message, phone call, or authenticator app to further verify access.
Review and change your security questions. If your email account was compromised from a device or location not matching your normal usage, it’s possible a malicious individual was able to answer your security questions.
Review outgoing messages and retract any malicious outgoing messages. In most cases, the attacker will not leave traces of any outgoing messages, but this should still be checked.
Contact the people in your email address book and let them know that your email was compromised. Remind them to delete any emails from you during the time your account was compromised to prevent them from becoming the next victim.
Verify if there is private or personally identifiable information in your e-mail that could be used maliciously.
Establish a routine where you change your password periodically. Consider changing your password on at least an annual basis (unless a breach requires it sooner).
Scan your computer for viruses and malware. This is especially important if you are experiencing problematic signs like unfamiliar applications loaded on your device, your computer operating slowly, or problems shutting down.
Good security best practices and safe browsing habits can help prevent your email account from being compromised in the future:
Your use of the Services is at your sole risk. the Company does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. the Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.
Sixthsense will charge you the fees stated in your Order. If you have made a minimum commitment in your Order, and your actual usage does not meet or exceed the minimum commitment, Sixthsense will charge you the difference between your minimum commitment and your actual usage. Unless you have made other arrangements, Sixthsense will charge you as follows: (i) for recurring fees, in advance, on or around the first day of each billing cycle, and (ii) for non-recurring fees (such as fees for initial set-up, overages, compute cycle fees, and domain name registration) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred. Unless otherwise agreed in the Order, your billing cycle will be monthly/Yearly, beginning on the date that Sixthsense first makes the Services available to you.
Sixthsense may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if our charges are not paid for any reason. Sixthsense may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days, and Sixthsense brings a legal action to collect, or engages a collection agency, you must also pay Sixthsense's reasonable costs of collection, including attorney fees and court costs (All Disputes are subject to Hyderabad Jurisdiction only). All fees are stated and will be charged. Any "credit" that we may owe you, such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for services, and will not be paid to you as a refund. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate. You must provide Sixthsense with accurate factual information to help Sixthsense determine if any tax is due with respect to the provision of the Services, and if Sixthsense is required by law to collect taxes on the provision of the Services, you must pay Sixthsense the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. You authorize Sixthsense to obtain a credit report at any time during the term of the Agreement. Any credit that we may owe you, such as a credit for a SLA remedy, will be applied to unpaid fees for services or refunded to you, at our option.
If you are under a month-to-month contract, then we may increase fees at any time on forty-five (45) days advance written notice. If the initial term of your Agreement is longer than one month, then we may increase your fees effective as of the first day of the renewal term that first begins forty-five days from the day of our written notice of a fee increase. In addition, if during the initial term or any renewal term there is an increase in the Producer Price Index over the Producer Price Index reported for the month in which you signed your Order, we may increase your fees by the same percentage as the increase in the Producer Price Index; provided that we may not increase your fees pursuant to this sentence more often than once per twelve months, and we must give you at least thirty days advance written notice of the increase.
We may suspend your Services without liability if: (i) we reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement, (ii) we discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past; (iii) you don't cooperate with our reasonable investigation of any suspected violation of the Agreement; (iv) we reasonably believe that your Services have been accessed or manipulated by a third party without your consent, (v) we reasonably believe that suspension of the Services is necessary to protect our network or our other customers, (vi) a payment for the Services is overdue, or (vii) suspension is required by law. We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect Sixthsense or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed Rs.2000) upon reinstatement of the Services.
You may terminate the Agreement for convenience at any time on thirty days advance written notice. If you terminate the Agreement for convenience, in addition to other amounts you may owe, you must pay an early termination fee equal to any minimum monthly financial commitment you have made for the remaining portion of the then-current term.
We may terminate the Agreement for breach on written notice if: (i) we discover that the information you provided to us about yourself or your proposed use of the Services was materially inaccurate or incomplete, (ii) if you are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into the Agreement at the time you submitted the Order for Services, or if you are an entity or fiduciary, the individual submitting the Order for Services did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer, (iii) your payment of any invoiced amount is overdue, and you do not pay the overdue amount within three (3) days of our written notice, (iv) a credit report indicates you no longer meet our reasonable credit criteria, provided that if we terminate on these grounds, we must give you a reasonable opportunity to migrate your environment out of Sixthsense in an orderly fashion, (v) you use your Service in violation of the AUP and fail to remedy the violation within ten (10) days of our written notice, (vi) you violate the AUP more than once, even if you cure each violation, or (vii) you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure.
You may terminate the Agreement for breach on written notice if: (i) we materially fail to provide the Services as agreed and do not remedy that failure within five (5) days of your written notice describing the failure, or (ii) we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.