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Terms & Conditions
The Following agreement constitutes the Terms and Conditions of Services offered by ##Company1##. By entering into a transaction with ##Company1## the customer agrees to be bound by the terms and conditions as laid out in the following Web hosting / Web space rental agreement. THIS WEB HOSTING / WEB SPACE RENTAL AGREEMENT ("Agreement") is hereby entered into between ##Company1## and You (the Customer) on the following terms and conditions: 1. The ##Company1## Web Space Rental Service or the Hosting Services (the "Service") consists of services provided to allow the Customer to offer content on the Internet. These services include space on ##Company1##'s Internet server to store HTML and related multimedia documents and files, the ability to maintain these pages through one FTP ("File Transfer Protocol") account, and e-mail accounts. The terms and conditions of this agreement and any rules and prices published on ##Company1##'s Web Site (##Company2##) constitute the entire and only agreement (collectively, the "Service Agreement") between ##Company1## and the Customer (hereby defined as one who has an account with ##Company1## for the Service, including Customer's designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof. 2. Upon notice provided on the website or via e-mail, ##Company1## may modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the Service in its sole discretion without prior notice. 3. The Company follows a standard pricing policy and may revise the prices as and when required by the market conditions. The Client agrees to the Company's right to change or alter any or all charges and prices for any or all services rendered by the company. The Customer agrees to pay the complete amount mentioned in the invoice raised which shall be on the basis of the price list as on date irrespective of any price-cuts or revisions whether upwards or downwards during the payment period or credit period if and when allowed by the company. 4. Customer agrees to indemnify ##Company1## against any liability for any and all use of Customer's account. Furthermore, Customer agrees that it will protect, indemnify, save and hold ##Company1## harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against ##Company1##, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold ##Company1## harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with ##Company1##'s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from ##Company1##'s Services. 5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Providers server and network. If Provider needs and is able to restore client's files due to a file lost provider is not responsible for, provider may charge an additional fee for this service. 6. Limitation of liability The Customer agrees that ##Company1##'s entire liability to the customer under this agreement, and the customer?s only remedy, in connection with any service provided by ##Company1##, to the customer under this agreement, and for any breach of this agreement by ##Company1##, shall be limited to the fees the customer paid to ##Company1## for the particular service in contention. Incase of a bulk / shared / sub-division of service the fees paid by the customer will be reduced on a pro-rata basis after calculating the amount and period of service used / allocated and for the part of service in question. The Customer agrees that the calculation offered by ##Company1## in this matter will be final and binding. ##Company1## nor any of its information providers, licensers, employees, or agents shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of ##Company1##'s services or for the cost of obtaining substitute services. ##Company1## disclaims any loss or liability resulting from: a. access delays or interruptions to our web site or domain name registration system b. data non-delivery or mis-delivery between The customer and ##Company1## c. events beyond our control (i.e. acts of God) d. the loss of registration or processing of a domain name or the use of a domain name e. the failure for whatever reason to renew a domain name registration f. the failure for whatever reason to renew hosting, collocation and other services g. the unauthorized use of the customer?s account with ##Company1## or any of services provided to the customer by ##Company1## h. errors, omissions or misstatements i. deletion of, failure to store, or failure to process or act upon email messages, files, data. j. processing of updated information to the customer?s registration record k. development or interruption of the customer?s web site l. errors taking place with regard to the processing of the customer?s order m. application of ##Company1##'s terms and conditions n. any act or omission caused by the customer or the customer?s agent (whether authorized by the customer or not) 7. Customer is responsible for and must provide all telephone and other equipment and services necessary to maintain customer's account remotely through one FTP account. 8. CUSTOMER EXPRESSLY AGREES THAT USE OF ##Company1##'S SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER ##Company1## NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ##Company1## OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER ##Company1##, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. 9. This Service Agreement is made in ##ClientCity##, and shall be governed by and construed in accordance with the laws of India and is subject to the ##ClientCity## Jurisdiction. Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within three months after the claim or cause of action has arisen or is barred. 10. Copyrighted material must not be placed on Customer's account without the permission of the owner(s) or person(s) they specifically authorise. Only the Owner(s) or such authorised person(s) may upload copyrighted material to the account. 11. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible. 12. Use of illegal or copyright material on any web page or other distribution mechanism used in conjunction with the Customer's account will result in termination of this Service Agreement. Illegal material is defined as any material not permitted under the laws prevailing in ##ClientCity##, India. If "illegal material" was submitted by a client of the Customer without Customer's knowledge, this Service Agreement will remain in effect if the Customer removes the "illegal material." 13. User-Supplied Content: All services may be used for lawful purposes only. Through ##Company1##'s Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, e-mail, or other Services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any Indian Law. You are solely responsible for the content you make accessible through the ##Company1## Network. You may not use the Service to assist any other person or entity to violate any Laws in India, Ordinances or Regulations. ##Company1## is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, ##Company1## has the right, but not the obligation, to edit, remove or deny access to such content. ##Company1## may disclose any content or records concerning Customer's account as required satisfying any Law, Regulation, Governmental Request or Court Order. Pornography and sex-related merchandising are prohibited on all ##Company1## Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to ##Company1##'s Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk e-mail Service is not allowed. Below are some examples of non-acceptable content or links: >> Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. >> Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3). >> Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. >> Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in wilful harm to Internet Sites or Providers. 14. Any use of ##Company1##'s systems that disrupts the normal use of the system for other ##Company1## customers is considered to be abuse of ##Company1## services and is grounds for termination of this Service Agreement. Some examples of abuse include spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers' account areas, or conducting provocative activities such as mass e-mailing which may result in retaliatory actions against ##Company1##' systems. 15. Depending upon the nature and severity of any abuses, the Customer may receive an E-mail warning detailing the nature of the abuse. If the abuse of services is not terminated immediately, a notification will be sent to the customer intimating the termination of the services / service agreement. Any reconnection of a terminated account will require a reconnection fee. 16. If, in ##Company1##'s sole discretion, the nature and severity of any abuses is severe enough, ##Company1## may terminate the Service Agreement immediately without written notification. 17. Customer shall pay the Maintenance Fee, and any charge for additional services under the terms of this Service Agreement, fully in advance unless otherwise specified in the payment terms. Invoice may be sent by e-mail or by letter. Customer may not withhold or "setoff" any amounts due hereunder. ##Company1## retains the right to withhold service without prejudice until all amounts determined delinquent are paid in full. Any late payment shall be subject to an interest charged of @2% per month on the amount outstanding and any costs of collection (including but not limited to legal fees). The customer agrees to any / all penalties, interest, charges levied in such circumstances by the company in its absolute discretion. 18. Accounts that are delinquent / discontinued / not-renewed / expired / suspended will be placed on "administrative hold" immediately and may not be used. An account that is delinquent / discontinued / not-renewed / expired / suspended will have their files archived or purged from all ##Company1##'s servers / backups and/or any other media as may be thought fit by ##Company1## in its sole discretion. Customer's account will continue to accrue charges while on "administrative hold." The customer agrees that any decisions made or any actions taken by ##Company1## or any of its information providers, licensers, employees, or agents shall be final and binding on the customer. 19. Any Customer whose services are terminated or suspended will be asked to pay a reconnection fee to restart the account. 20. There will be a Rs. 200/- service charge for each returned unpaid / dishonoured instrument. 21. Legal notices sent to either party shall be effective when delivered by mail, transmitted by telecopy ("fax") machine, one (I) day after being sent by overnight mail or "fax", or two (2) days after being sent by first class mail postage prepaid. 22. ##Company1## acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. ##Company1## agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Customer and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly of indirectly, by ##Company1## to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or Ownership of such information or any part thereof is hereby transferred to ##Company1## 23. Any customer lists and/or other information concerning the Customer's clients are the sole and exclusive property of the Customer. ##Company1## shall not for any reason whatsoever, directly or indirectly, solicit the trade business of any of the clients or prospective clients of the Customer with respect to any of the services, products, trade secrets or other matters of the Customer. In addition to maintaining confidentiality of all matters as imposed herein above, ##Company1## agrees to keep in the strictest of confidence any information acquired by ##Company1## during the course of its dealings with the Customer about any of the Customer's clients, including but not limited to contents of related databases, credit and credit card information. 24. Nothing contained herein shall be construed to place the parties (Customer and ##Company1##) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever. 25. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect. 26. Network Security: Customers may not use the ##Company1## Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a Server or Account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's Security Policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a Host or Network. ##Company1## will co-operate fully with investigations of violations of Systems or Network Security at other sites, including co-operating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate System or Network Security may incur Criminal or Civil Liability. 27. The Customer hereby undertakes to ensure the security and integrity of the services by complying with the nondisclosure agreement and by keeping secret the information that client may become aware of and by reporting any errors, exploits, security threats or bugs or any other information relevant to the security of the services provided by the company. 28. CGI Scripts: Each ##Company1## Account comes fully equipped with its own CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by ##Company1## is not allowed. 29. Chat Rooms: ##Company1## prohibits its Customers from installing outside chat rooms on their Domain, as these tend to be a resource problem. ##Company1## does provide its Customers a choice of Chat rooms / software to choose from for a nominal monthly charge. These chat rooms / software were designed to meet the growing needs of Customers and function without hindering the performance of the Servers for others. 30. Server Resources: Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. 31. Background Running Programs: Background Daemons / Services in general are prohibited. ##Company1## will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance. 32. IRC: ##Company1## currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the ##Company1## Network. 33. Commercial Advertising/ Mass Mailings: You must not use the ##Company1## Network, ##Company1## Equipment or any ##Company1## e-mail Address in connection with the transmission of Spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the ##Company1## Network, ##Company1## Equipment or any ##Company1## e-mail Address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, ##Company1## reserves the right to disable your Domain. In addition, ##Company1## may impose a Rs. 2500/- penalty for each spam policy violation. ##Company1## solely reserves the right to refuse or cancel service to known spammers. Lastly, ##Company1## reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. 34. Bulk Mailing: ##Company1## does not allow any type of Bulk Mailing / Mass Mailing. You must not use the ##Company1## Network, ##Company1## Equipment, IP addresses , servers or any ##Company1## e-mail Address in connection with the transmission of Bulk Mail, Mass Mailing , Newsletters etc. Bulk mailing whether solicited or unsolicited is not allowed unless the customer has specifically procured services from ##Company1## for the same. The Customer also agrees that ##Company1## solely reserves the right to refuse or cancel service without assigning any reasons whatsoever. 35. Spam Control, Virus Control & E-mail delivery / deletion: ##Company1## implements strong spam & virus control solutions on all its networks / servers. These spam & virus control services may require ##Company1## to withhold e-mails or to restrict, delete, manipulate, process the e-mail The customer agrees to such interception, restriction, deletion, manipulation and processing of e-mail, ##Company1## assures customers of all privacy and most of the processes are automatic and do not require human intervention, however the customer agrees that ##Company1## reserves the right to intercept, restrict, delete, manipulate and process e-mail with a view to control spam and viruses. The customer also agrees not to hold ##Company1## responsible for any legitimate e-mail intercepted, restricted, deleted, manipulated, or processed during this process. ##Company1## will not be responsible for any damages your business may suffer. ##Company1## makes no warranties of any kind, expressed or implied for the e-mail services provided. 36. Refusal of Service: ##Company1## reserves the right at its sole discretion to refuse or cancel service. Violation of any of ##Company1##'s Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded. 37. Service Cancellation: Customer retains the right to cancel use of ##Company1##'s Shared Hosting Service within Thirty (30) days for fresh / new orders only. In case of services other than shared web hosting including but not limited to co-location, dedicated server services, equipment / server lease, leased lines & managed services, orders once placed cannot be cancelled before the expiry of the contract. In case of termination of such orders the customer would need to provide a notice in writing for discontinuation of services. The notice period shall be for a minimum of 30 days. The notice period may be higher if so required by the service provider / ISP. The customer agrees to provide such notice as required by them. The charges applicable during the notice period shall be based on the pro rata charges as per the last month bill in which the notice is given. The decision taken by ##Company1## in this matter will be final and binding. To authenticate a cancellation request, you must fill out the Support Request Form located on the ##Company1## Web Site. If submitting this form online is not possible, you may e-mail the cancellation notice to ##accountcancellationEmailID## (for which you must receive an acknowledgement confirming the same). The e-mail should be sent only through the authorised e-mail address submitted during the registration process; in case of online form submission a confirmation e-mail shall be sent to the authorised e-mail id and must be confirmed before the request is considered. A customer may also mail the request to ##Company1## ##Address1####Address2####ClientCity##-##ClientPinCode##,##ClientState##. You must include your Account e-mail Address, Account Name, Account Password, reason for cancellation, and the Domain on which you want to cancel the hosting. We cannot accept cancellation requests over the phone for security reasons. Domain Name Registrations / renewals / transfers cannot be cancelled and fee / charges received by the company for the same are not refundable. 38. You agree to relinquish all control of services, servers, network equipment, and IP addresses once you choose to cancel a service or the term of your contract / plan expires. The customer also agrees that ##Company1## may access and destroy any and all data / files/ content and e-mail at its absolute discretion without any notice whatsoever once the period of services has expired or the terms and conditions have been violated. You also agree to pay any additional charges / penalties levied by ##Company1## in its sole discretion in case of any delays on your part to relinquish such control. 39. Disclaimer: ##Company1## will not be responsible for any damages your business may suffer. ##Company1## makes no warranties of any kind, expressed or implied for services we provide. ##Company1## disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ##Company1## and its employees. ##Company1## reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. ##Company1## furthermore expects that it's Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer's failure to comply with those laws will violate this policy. Finally, ##Company1## wishes to emphasise that in accepting services, Customers indemnify ##Company1## for the violation of any law or ##Company1## policy that results in loss to ##Company1## or the bringing of any claim against ##Company1##. This means that if ##Company1## is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against ##Company1##, plus costs and reasonable attorneys' fees. 40. Privacy Policy: ##Company1## insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by ##Company1##, its authorised representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority. 41. Each party (Customer and ##Company1##) to this agreement represents that it has all necessary rights and authority to enter into the terms of the Agreement and is in compliance with all Laws applicable in India, governing this transaction. IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto agree to the above and have entered into agreement.