This legally binding contract (the "Agreement") is by and between
IndicHosts.Net, Inc., ("IndicHosts.Net"), and you and your
assigns, employees, agents or contractors ("You", "Your", the "Client")
and is effective as of the date you purchase dedicated hosting services
from IndicHosts.Net. This Agreement sets forth the terms and conditions of
Your use of IndicHosts.Net's Dedicated Server services (collectively, the
"Services") and represents the entire agreement between You and
IndicHosts.Net relating to the Services. This Agreement contains provisions
that set forth IndicHosts.Net's Acceptable Use Policy, Privacy Policy and
guarantees of a certain service level (found in the "Uptime Guarantee"
and "Service Level" sections below).
By purchasing the Services, You acknowledge and agree that You have
read, understand, acknowledge and agree to be bound by all the terms and
conditions of this Agreement, along with any new, different or
additional terms, conditions or policies that IndicHosts.Net may establish
and post on its website from time to time.
Description of Services
IndicHosts.Net provides the Services to its customers for a monthly fee.
IndicHosts.Net will provide You an account on one or more of its dedicated
servers, provided, however, You abide by the terms and conditions set
forth in this Agreement and in any other agreement pertaining to other
services you may purchase. IndicHosts.Net reserves the right to modify its
network and facilities used to provide the Services for purposes
including, but not limited to, accommodating evolving technology and
increased network demand, and providing enhanced services. IndicHosts.Net
shall use reasonable efforts to notify You in advance of any planned
changes to IndicHosts.Net's network or facilities that may adversely affect
the Services provided under this Agreement.
Fees
Fees for Services ordered by You shall be charged beginning on the date
of the initial order and that date shall serve as the monthly
anniversary date for all future billings including one time fees,
upgrades, additional services, cancellations and service credits. Fees
are due in advance of the monthly service cycle and will be billed on
the anniversary date of each month.
From time to time it may be necessary to make adjustments in the fees
and surcharges charged for the Services in order to cover certain
changing costs (e.g., power) incurred by IndicHosts.Net in providing the
services. Such adjustments will be reflected on the statement or
invoice provided to you for the Services, and you agree to pay for the
fees and surcharges for the Services, as adjusted.
Payment Options
IndicHosts.Net provides several options for payment:
- PayPal Subscriptions. When you place a PayPal subscription on file with
IndicHosts.Net, we will, typically, bill the card a few days before your
invoice is due. If the credit card charge is expired, not authorized or
declined by the processing company, we will notify you via E-mail. We
request that you update your card promptly. If your invoice becomes more
than 3-days past due (from the invoice Due Date) then IndicHosts.Net
reserves the right to suspend service or terminate service after 5 days
past due until payment is received.
- Credit Card Payments. IndicHosts.Net
accepts payment thourgh international Credit Cards through our payment processor. In the event a charge is returned,
IndicHosts.Net will charge a returned check fee of $35.00 or, if less, legal
limit in Your state or country. You are responsible for payment of all
chargeback fees. In the event Your invoice is 3-days or more past due
(from the invoice Due Date) then IndicHosts.Net reserves the right to
suspend service or terminate service after 5 days past due until payment
is received.
Late Payment
InIndicHosts.Net reserves the right to charge a late fee of 1.5-5% per invoice
per month on late payments. Invoices will be automatically considered
late once the invoice due date has passed.
Non-payment Termination
In the event you fail to pay your invoice within 3 days of the due date,
we reserve the right to suspend your service.
If you are still past due on the 5th day from the due date on the
invoice, we reserve the right to terminate your service entirely and
reformat your server.
If you are terminated for non-payment, we also reserve the right to
refer your account to a third party collection agency and you agree to
pay any collection fees or legal fees we may be charged to collect on
your debt.
Overage Billing
"Overage" is defined as usage of the Services provided by IndicHosts.Net to
You in excess of the allocated limitation. Overages are charged for SAN,
Backup, Bandwidth and Professional Services (administrative time) used
in excess of the amount allocated to Your account.
YoYou agree to pay the then-current Overage fees and charges for the
IndicHosts.Net services, including backup and bandwidth Overage fees, upon
receipt of an invoice. Overage rates are set and published on our website.
Overage fees can be avoided by subscribing to a higher service plan.
Cancellation and Refunds
IndicHosts.Net is not able to schedule cancellation for a specific time or
date. To submit a cancellation request, please visit
http://indichosts.net.net/cancel and follow the on-screen instructions. When
you request cancellation, we will follow this process: We will first
contact you to confirm the cancellation and verify that you are
authorized under your account to cancel it. Then, we will immediately
suspend billing and cancel the server. We are not able to provide
scheduled cancellations and all cancellations are effective immediately.
Regarding mid-month or mid-period cancellations, IndicHosts.Net will not
issue pro-rated refunds for cancellations received in the middle of a
payment cycle.
Refunds will not be given on a pro-rated basis for Services provided in a
given billing period. Receipt by you of any Services in a given period
will obligate you to pay for the Services during that entire billing
period.
Term and Termination and Money Back Guarantee
You agree to a month to month term for the Services unless otherwise
agreed to in writing. The month to month term for services is
automatically renewed each month unless either party notifies the other
in writing of its desire that the Agreement not be renewed, no later
than serven (7) days before the next upcoming anniversary date for
billing. You may cancel Your account by terminating this Agreement in
this manner by contacting the IndicHosts.Net billing department.
IndicHosts.Net may terminate this Agreement effective immediately and without
notice upon any breach by You of any of the terms of this Agreement. In
such event, IndicHosts.Net shall have no obligation to refund any fees paid
in advance by You.
At this time, IndicHosts.Net does not offer a refund-based MBG of any kind.
Chargebacks and Payment Disputes
Under this Terms of Service agreement you must first contact IndicHosts.Net
to attempt to resolve any billing disputes before contacting your bank
or credit card company to dispute the charges. You further agree that
any billing disputes must be submitted in writing to our billing
department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact
IndicHosts.Net before contacting your financial institution to seek a
resolution.
In the event you dispute charges contrary to this agreement, we reserve
the right to add a $150 collection chargeback fee and to refer your
account or sell your debt to a third party collection agency. We also
reserve the right to take further legal action against you.
Promotional or Special Offers: Pre-payment Offers
From time to time, IndicHosts.Net may offer discounted pricing for initial
introductory periods (e.g., discounted fees for the first months
service.) A condition of such discounted pricing may be the requirement
that prepayment for a period longer than the introductory period be
paid. For example, the first month's service may be offered for a
discount, with the standard pricing going into effect during the second
month, with a quarterly prepayment being required. Promotional offers
are non-refundable.
Promotional or Special Offers: Other Types of Offers
From time to time, IndicHosts.Net may offer promotional or special offers as
sales incentives. These offers may be comprised of discounts, free time,
free services, discounted services, trial offer periods and other types
of offers. Such offers cannot be combined with other offers unless
otherwise stated and are one-time use offers. One offer per client only.
Offers are valid only where they are permitted by law. Offers are void
where prohibited. Some offers (example: "Three Months Free Load
Balancing Service") require You, the Client, to contact IndicHosts.Net prior
to the expiration of the trial period in order to avoid being re-billed.
Offers which provide a discounted monthly rate for a specified period
of time will reset automatically to the full monthly rate once the
promotional period has passed and You, the Client, agree to pay, in
full, the full monthly rate, unless You cancel in advance.
Tortuous Conduct
Any abuse towards any IndicHosts.Net employee will not be tolerated. You are
expected to request and respond to support and other issues in a
professional manner, when emailing, calling or submitting online tickets
to IndicHosts.Net. Any cursing, yelling, or further intentional disruptive
behavior aimed at IndicHosts.Net or its employees shall be considered a
violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in written, via E-mail, via Live
Chat, delivered by second parties or delivered in any other way, and
directed towards IndicHosts.Net or any of IndicHosts.Net's employees, partners,
staff, contractors, sub-contractors, facilities, offices, etc. shall be
construed as a violation of this Terms of Service agreement. Threats of
physical violence will be directed to the proper authorities.
No refunds shall be given when the above Tortuous Conduct clause is
violation and necessitates the termination of an account or services.
License to Host
You hereby grant to IndicHosts.Net a non-exclusive, royalty-free, worldwide
right and license during the term of this Agreement to do the following
to the extent necessary to provide the Services under this Agreement:
(a) digitize, convert, install, upload, select, order, arrange, compile,
combine, synchronize, use, reproduce, store, process, retrieve,
transmit, distribute, publish, publicly display, publicly perform and
hyperlink any content uploaded by You; and (b) make archival or backup
copies of content uploaded by You to the IndicHosts.Net servers. IndicHosts.Net
shall have the right, but not the obligation, to make backup copies of
the data uploaded by You to the IndicHosts.Net servers. You are responsible
for any of your content residing on IndicHosts.Net's servers and for the
backup thereof.
Storage and Security
At all times, You bear full risk of loss of any content and software you
place on the IndicHosts.Net servers. You are entirely responsible for
maintaining the confidentiality of Your password and account
information. You acknowledge and agree that You are solely responsible
for all acts, omissions and use under and charges incurred with Your
account or password or in connection with the server or any of the
content displayed, linked, transmitted through or stored on the server.
IndicHosts.Net does not undertake any obligation to provide management or
security services unless you specifically request it to do so. If any
technology specifically associated with your account requires updating,
You must make a request for such update through IndicHosts.Net's ticketing
system.
You shall be solely responsible for undertaking measures to: (i) prevent
any loss or damage to Your content; (ii) maintain independent archival
and backup copies of Your content; and (iii) ensure the security,
confidentiality and integrity of Your content transmitted through or
stored on IndicHosts.Net servers. IndicHosts.Net shall have no liability to You or
any other person for loss, damage or destruction of any of Your
content.
Uptime Guarantee
"Uptime" refers to the amount of time the Services are available, as
measured solely and only by IndicHosts.Net's internal monitoring systems.
"Downtime" refers to the amount of time the Services are unavailable, as
measured solely and only by IndicHosts.Net's internal monitoring systems.
IndicHosts.Net guarantees that it's Networking and Connectivity services will
be available 100% of the time. In the event such level of service is
not provided, IndicHosts.Net will credit your account in an amount as
determined in the chart below, reflecting credit percentages of the
monthly fees paid by You to IndicHosts.Net for the Services, but not payments
made for any of the following products and services: domain name
registration, software licenses, IP address charges, set up fees,
shipping and handling, SSL certificate fees, labor charges, and other
services which are unrelated to Uptime.
1. 100% will result in a credit of: 0%
2. 99.1% to 99.9% will result in a credit of: 5%
3. 98% to 99% will result in a credit of: 10%
4. 95% to 97.9% will result in a credit of: 25%
5. 90% to 94.9% will result in a credit of: 50%
6. 89% or below will result in a credit of: 100%
ToTo receive a credit, You must make a request by sending an email message
to billings@IndicHosts.Net.com. Each request in connection with this
Agreement must include the dates and times of the Downtime, the name and
IP address of the server or servers which experienced the Downtime. The
request must be received by IndicHosts.Net within ten (10) business days
after the incident of Downtime. If the unavailability is confirmed by
IndicHosts.Net, credit will be applied to Your IndicHosts.Net account within
thirty (30) days of receipt of Your credit request.
The total amount credited to You in a particular month under this
Agreement shall not exceed the total amount of fees paid by You for such
month for the affected Services. Credits are exclusive of any
applicable taxes charged to You or collected by IndicHosts.Net and are Your
sole and exclusive remedy with respect to any Downtime. br />
The provisions of the Agreement pertaining to Force Majerue are
unaffected by these terms referring to Uptime Guarantee. Moreover,
downtime caused by any of the following shall not result in any
obligation by IndicHosts.Net to provide credit to You:
1. emergency maintenance
2. scheduled maintenance
3. system upgrades
4. domain name system (DNS) problems outside of IndicHosts.Net's control
5. issues with FTP, POP, IMAP, or SMTP customer access
6. Acts or omissions by You or any of Your employees or agents,
resulting in downtime
7. Any negligence, willful misconduct, or use of the services in
breach of IndicHosts.Net's Acceptable Use Policy
8. Problems with users' web browsers, DNS, or other caching that
might make it appear the Services are unavailable even though others can
still access the IndicHosts.Net servers.
Hardware Replacement Guarantee
IndicHosts.Net strives to maintain the integrity of the hardware used to
provide its services, and any Downtime caused by hardware failure shall
be credited pursuant to this Agreement. IndicHosts.Net maintains a stock of
all essential hardware necessary to provide the Services. IndicHosts.Net
shall replace any and all substantially malfunctioning hardware within 1
hour of IndicHosts.Net becoming aware of such substantial malfunction.
The amount of time for replacement of hardware shall be measured from
the moment that IndicHosts.Net determines that the hardware must be replaced,
and does not include time spent diagnosing the problem, researching
other solutions, investigating the cause of the failure or time spent
installing software, restoring backups or other, similar situations.
In the event that IndicHosts.Net fails to meet this hardware replacement
guarantee, IndicHosts.Net will issue, to You, account credits in the amount
of 10% of the base monthly server rent for each hour after the first
hour of the monthly service fee for the server in question to a maximum
of 50% of the cost of the server itself (excluding any management,
upgrades or additional services associated with the server in question.)
To receive a credit, You must make a request by sending an email message
to billing@IndicHosts.Net.com. Each request in connection with this
Agreement must include the dates and times of the hardware replacement
situation, the name and IP address of the server or servers which
experienced delayed replacement. The request must be received by
IndicHosts.Net within ten (10) business days after the incident. Upon
confirmation by IndicHosts.Net, credit will be applied to Your IndicHosts.Net
account within thirty (30) days of receipt of Your credit request.
Acceptable Use
You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- administer IRC;
- harm minors in any way;
- impersonate any person or entity;
- "stalk" or otherwise harass another person;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any
Content that You do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," or "pyramid schemes;"
- upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in the paragraphs
above.
TERMS APPLICABLE TO RESELLERS
THE TERMS IN THIS SECTION APPLY TO RESELLERS OF IndicHosts.Net’S HOSTING
SERVICES THROUGH IndicHosts.Net’S RESELLER PROGRAM.
Grant of Right to Resell Services
Provided that You complete the registration process and are accepted by
IndicHosts.Net for participation in IndicHosts.Net’s “control panel” Reseller Program
(the “Reseller Program”), You are granted the limited right as provided
in this section to resell the Services. This limited right is
conditioned upon Your full compliance with all applicable user
agreements, including but not limited to IndicHosts.Net’s Terms of Service
and Acceptable Use Policy, and is also conditioned upon compliance with
all applicable user agreements by the customers of Yours to whom You
resell IndicHosts.Net’s services (“Reseller Customers”).
The rights granted to You to resell the Services are non-transferable
and cannot be sold separately or in conjunction with the sale of an
existing site or business without IndicHosts.Net’s prior written consent.
Price and Payment
IndicHosts.Net will provide the Services to You under the Reseller Program at
the prices and rates posted on the Reseller Price Schedule, which is
located inside of the IndicHosts.Net control panel and accessible at any
time, applicable to You. The rates applicable to You will vary
depending on various factors such as
- Volume of servers that you currently maintain with IndicHosts.Net
- Volume of value added services that you currently maintain with
IndicHosts.Net
- Special written offers provided by an Account Executive or other
authorized IndicHosts.Net employee.
- Custom pricing for Servers and Services (“Overrides”)
Pricing is updated every night automatically based on the above factors,
Indemnification by Reseller
You agree to indemnify, defend and hold IndicHosts.Net harmless against any
and all claims, damages and liability occasioned by any conduct of You
or Your Reseller Customers, including any and all claims arising from
content uploaded or stored by any Reseller Customer. You agree to
indemnify IndicHosts.Net against transactions processed by IndicHosts.Net by or on
Your behalf that are fraudulent in nature.
Agreement to Cooperate With Investigations
You agree that You will provide assistance to IndicHosts.Net in connection
with any investigation, demand, or notice provided to IndicHosts.Net
pertaining to any conduct or content of any Reseller Customer made by
any governmental agency or third party. Such assistance shall include
but not be limited to investigation and necessary communication in
connection with “Takedown Notices” issued to IndicHosts.Net pursuant to the
Digital Millennium Copyright Act. You agree that You will cooperate with
IndicHosts.Net in connection with all reasonable requests made by
IndicHosts.Net
for You to preserve all information and content that may be the subject
of any investigation or third party claim.
Management of Reseller Customer Accounts
At all times you must maintain a list and contact information of your
clients with IndicHosts.Net for the purpose of cooperation with any
investigations that may be executed upon you or your clients activities,
and to maintain your active status as a reseller with IndicHosts.Net.
In the event of a default or breach by You of any provision of this
Agreement or the IndicHosts.Net TOS (Terms of Service), or in the event You
abandon, for any reason, Your obligation to provide the Services to any
of Your Reseller Customers, IndicHosts.Net shall be entitled to do any of the
following in connection with Your Reseller Accounts:
- Directly contact Reseller Customers
- Bill Your Reseller Customers directly for the Services
- Collect all amounts due directly from such Reseller Customers
- Terminate Your Account (including Your status as a participant
in the Reseller Program)
In the event of default, breach or abandonment by You as provided in
this subsection, You agree to provide to IndicHosts.Net, on IndicHosts.Net’s
request, all billing and contact information for each of Your Reseller
Customers so that IndicHosts.Net may exercise the rights set forth in this
subsection.
Your Obligations to Provide Customer Service
Unless You elect otherwise, on a per incident basis, through a technical
feature in the Reseller Program, You shall be solely responsible for
providing all Customer Service to Your Reseller Customers. In the event
You elect to have IndicHosts.Net handle a particular customer service
incident, You grant the authority to IndicHosts.Net to handle the particular
situation exercising IndicHosts.Net’s sole discretion, and agree to hold
IndicHosts.Net harmless for any claims made by the Reseller Customer in
connection with IndicHosts.Net’s handling of the customer service request.
IndicHosts.Net reserves the right to charge You a fee for each incident You
elect IndicHosts.Net to handle.
Requirements for Agreements With Reseller Customers
In no event will You undertake any obligation to any Reseller Customer
which would grant or purport to grant any rights not expressly provided
to You under this Agreement.
Disclaimer of Warranties
You acknowledge and agree that IndicHosts.Net exercises no control over, and
accepts no responsibility for, the content of the information passing
through the host computers, network hubs and points of presence or the
Internet. NEITHER IndicHosts.Net, ITS EMPLOYEES, AFFILIATES, AGENTS,
SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR
THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY
EQUIPMENT IndicHosts.Net PROVIDES. NEITHER IndicHosts.Net, ITS EMPLOYEES,
AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THE SERVICES. IndicHosts.Net IS NOT LIABLE
FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR
STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY
IndicHosts.Net.
Indemnification
You agree to indemnify, hold harmless, and defend IndicHosts.Net and all
directors, officers, employees, and agents of IndicHosts.Net from and against
any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative) and expenses
(including but not limited to reasonable legal fees) arising out of or
relating to the use of the Services by You, including any violation of
the Acceptable Use Policy set forth in this Agreemnet. Such claims shall
include, but shall not be limited to, claims based upon trademark,
service mark, trade name, copyright and patent infringement, trademark
dilution, tortious interference with contract or prospective business
relations, unfair competition, defamation or injury to reputation, or
other injuries or damage to business.
Limitation of Liability
IN NO EVENT SHALL IndicHosts.Net BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR
USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF
IndicHosts.Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
event will IndicHosts.Net's liability for any damages, losses and causes of
actions whether in contract or tort (including negligence or otherwise)
exceed the actual dollar amount paid by You for the Services during the
12-month period prior to the date the damage or loss occurred or the
cause of action arose. The provisions of this Agreement pertaining to
Uptime Guarantee apply to credits available to you for system downtime.
IndicHosts.Net’s Utilization of Third Party Services
IndicHosts.Net reserves the right, and You agree to pay for, services of
third party consultants hired by IndicHosts.Net in its discretion to assist
IndicHosts.Net in providing the Services to you. Fees for the services of
third parties retained by IndicHosts.Net will be charged to You in the
invoice covering the period during which the third party services were
utilized by IndicHosts.Net.
Unsolicited E-mail Policy
"Unsolicited E-mail Complaint" is an occurrence of a third-party
complaint regarding a specific E-mail communication message sent by You.
"Unsolicited E-mail Incident" is an occurrence of a single E-mail
message which may have been sent to multiple E-mail addresses. An
Incident may contain numerous Complaints. Incidents may contain
Complaints received up to 24 hours after the first. After 24 hours, a
new Incident will be opened. "IP Black Listing" is an occurrence when a
third party black listing service determines that a IndicHosts.Net issued IP
address is a frequent source of Unsolicited E-mail. Black Listings
result in the IP address (or multiple IP addresses in the same "IP
range") are unable to send E-mail to certain third parties.
IndicHosts.Net has designed this portion of this Agreement to comply with the
United States CAN-SPAM Act (the "Act".) The Act states that commercial
E-mail must be solicited, an effective, visible and clearly defined
un-subscription process be in place, that every E-mail message sent be
sent from a valid address, without any form of IP or source spoofing,
that every E-mail message sent contain the physical contact information
of the sender, that every receipient of such E-mail messages has
requested to receive such E-mails and that the messages and method in
which they were sent comply with the other provisions of the United
States CAN-SPAM Act.
IndicHosts.Net considers any attempt to send Unsolicited E-mail Messages or
other forms of Spam E-mail (including "Spamvertising" other websites or
services or products) to be violations of this Agreement.
To help reduce the overall Unsolicited E-mail problem, IndicHosts.Net has put
into place the following 3-Strike Policy: For every Unsolicited E-mail
Incident, IndicHosts.Net will assess a penalty of $25.00 per verified
Incident and a penalty of $200 for the first instance of IP Black
Listing and $400 for the second instance of IP Black Listing
(collectively, the "Penalties".) For each $25.00 Unsolicited E-mail
Incident Penalty, you will be issued one strike. For your first IP Black
Listing Incident, you will be issued one strike. For your second IP
Black Listing Incident, you will be issued two strikes. On your third
strike, IndicHosts.Net reserves the right to terminate your service with or
without warning. If your service is terminated under the Unsolicited
E-mail Policy then you forfeit all fees paid, including pre-paid fees
and unused time. All fees paid become non-refundable. Further, account
termination does not absolve or nullify Penalty payments you may owe to
IndicHosts.Net. Further, you may accumulate additional Penalties based on
complaints received after your termination. This section of the
Agreement will survive for a period of one year after this agreement is
terminated.
Force Majeure
IndicHosts.Net shall not be liable for failure or delay in performing its
obligations under this Agreement if such failure or delay is due to
circumstances beyond its reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, terrorist or other attack, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability
of or interruption or delay in telecommunications or third party
services, failure of third party software or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision
of the Services.
Intellectual Property
You represent and warrant that Your use of the Services shall not
infringe the intellectual property or other proprietary rights of
IndicHosts.Net or any third party. You further acknowledge that all right,
title and interest in any and all technology, including the software
that is part of or provided with the Services and any trademarks or
service marks of IndicHosts.Net is owned by IndicHosts.Net and/or its licensors.
Unless otherwise specifically provided in this Agreement, You shall have
no right, title, claims or interest in or to IndicHosts.Net's intellectual
property.
You shall not copy, modify or translate any IndicHosts.Net intellectual
property or related documentation, or decompile, disassemble or reverse
engineer same, to use it other than in connection with the Services, or
grant any other person or entity the right to do so. Unless otherwise
specifically provided in this Agreement, You are not authorized to
distribute or to authorize others to distribute IndicHosts.Net intellectual
property in any manner without the prior written consent of IndicHosts.Net.
IndicHosts.Net respects the intellectual property of others, and we ask You
to do the same. IndicHosts.Net may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be
repeat infringers.
Governing Law and Forum Selection
This Agreement shall be interpreted and construed according to, and
governed by, the laws of the State of Delhi. The Circuit Court of Delhi shall have exclusive jurisdiction to hear any
dispute under this Agreement, or, if such court is without subject
matter jurisdiction, the United States District Court for the Northern
District of Illinois shall have exclusive jurisdiction.
Waiver and Modification
Except as otherwise provided herein, this Agreement may not be amended
except through a writing executed by the parties. Any failure or delay
in exercising any right, remedy, or power under this Agreement shall not
operate as a waiver thereof, nor shall any single or partial exercise
of any right, remedy, or power hereunder preclude any other or further
exercise thereof or the exercise of any other right, remedy, or power
provided herein or by law or in equity. The waiver by any party of the
time for performance of any act or condition hereunder shall not
constitute a waiver of the act or condition itself.
Assignment and Severability
This Agreement shall be binding upon and inure to the benefit of You,
IndicHosts.Net and their respective successors, and assigns. You may not
assign this Agreement without the prior written consent of IndicHosts.Net,
which consent will not be unreasonably withheld. If any provision of
this Agreement shall be held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this Agreement shall
remain in full force and effect.
Additional Incorporated Agreements
Additional amendments to the Agreements, when noted, are amendments to
this Agreement and are to be incorporated into it. Examples include
terms and conditions for promotional offers and other additional terms
and conditions.
IndicHosts.Net reserves the right to modify this agreement as needed without
notice, and You agree that by creating, using, or otherwise engaging in
business with IndicHosts.Net, that You have fully read, fully understand and
agree to these Terms and Conditions. You understand that the Terms and
Conditions in the Agreement are legally binding and that you are
authorized to enter into such agreements on behalf of Your organization
or Yourself.
IndicHosts.Net, Inc. respects the intellectual property of others, and we ask
our users to do the same. IndicHosts.Net may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users
who may be repeat infringers. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please
provide IndicHosts.Net's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
IndicHosts.Net's Agent for notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By CERTIFIED mail:
IndicHosts.Net
207 Sethi Bhavan
7 Rajendra Place,
New Delhi 110008, India
WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE
SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5
BUSINESS DAYS FOR PROCESSING.
This is the web site of IndicHosts.Net, Inc.
Our postal for legal and privacy issues is address (headquarters:)
IndicHosts.Net
207 Sethi Bhavan
7 Rajendra Place,
New Delhi 110008, India
For each visitor to our Web page, our Web server automatically
recognizes only the consumer's domain name, but not the e-mail address
(where possible). We collect only the domain name, but not the e-mail
address of visitors to our Web page, user-specific information on what
pages consumers access or visit, information volunteered by the
consumer, such as survey information and/or site registrations. The
information we collect is used for internal review and is then
discarded, used to improve the content of our Web page, used to
customize the content and/or layout of our page for each individual
visitor.
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With respect to cookies: We use cookies to ensure that visitors are not
repeatedly sent the same banner ads.
WiWith respect to contact forms and free demo account forms: We will
contact you using the information you provide us on our contact forms
for the purposes stated on the form. If you sign up for a free demo
account, we will contact you for some additional information we need to
setup the demo account. This information includes any of the following
that may be ommited from a short request form: Your full name, Your
street address, Your fax number, Other contact information about You and
general survey questions we may have. If you do not wish to provide
this information or decided that you did not want the free demo then
please let us know and we will not contact you further. If you do accept
the demo offer then we may follow up with you in a few days to see what
you thought. Our demo offers, such as our control panel demo offer, is valid for
a short time and each demo account will expire after 5 business days of
being active. Our agents may ask you if you wish to transfer service to
IndicHosts.Net during the course of your demo. If at any time you wish for
us to delete your demo account and cease contact with you simply request
so by contacting us and letting us know via E-mail.
If you do not want to receive e-mail from us in the future, please let
us know by sending us e-mail at the above address.
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If you supply us with your postal address on-line you will only receive
the information for which you provided us your address.
From time to time, we may use customer information for new,
unanticipated uses not previously disclosed in our privacy notice. If
our information practices change at some time in the future we will
contact you before we use your data for these new purposes to notify you
of the policy change and to provide you with the ability to opt out of
these new uses.
Upon request we provide site visitors with access to all information
[including proprietary information] that we maintain about them.
Consumers can access this information by e-mail us at the above address.
With respect to security: We always use industry-standard encryption
technologies when transferring and receiving consumer data exchanged
with our site.
If you feel that this site is not following its stated information
policy, you may contact us at the above addresses.
