Terms and Conditions |
DOMAIN NAME
1. AGREEMENT
In this Service Agreement ("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Net 4 India Ltd. (hereinafter referred
to as Net4India) and Services refers to the services provided by us. This
Agreement explains our obligations to you, and explains your obligations to us
for various Services. By selecting our Services you have agreed to establish an
account with us for such Services. The clause 16(1) shall be applicable only
for the .biz TLD. When you use your account or permit someone else to use it to
purchase or otherwise acquire access to additional Services or to cancel your
Services (even if we were not notified of such authorization), this Agreement
covers such service or actions. By using the Services under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement and by any pertinent rules or policies that are or
may be published/ mailed by us.
2. SELECTION OF DOMAIN NAME
We cannot check and are not obligate to see whether the domain name you
select/transfer, or the use you make of the domain name, infringes legal rights
of others. We urge you to investigate to see whether the domain name you select
or its use infringes legal rights of others, and in particular we suggest you
seek advice of competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You should be
aware that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should be aware that if we are sued
or threatened with lawsuit in connection with your domain name, we might turn
to you to hold us harmless and indemnify us.
3. FEES & PAYMENT AND TERM
As consideration for the Services you have selected, you agree to pay us the
applicable service(s) fees. All fees payable hereunder are non-refundable
unless we provide otherwise. As further consideration for the Services, you
agree to: (1) provide current, complete and accurate information about you as
required for the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You hereby grant us the right to disclose to third parties such
Account Information. The Registrant, by completing and submitting the Domain
Name Registration/Transfer Agreement ("Registration/Transfer Agreement"),
represents that the statements in its application are true and that the
registration of the selected Domain Name, so far as the Registrant is aware,
does not interfere with or infringe upon the legal rights of any third party.
The Registrant also represents that the Domain Name is not being
registered/transferred for any unlawful purpose.
On the registration/transfer of a Domain name by Net4India, a default (php3)
home page will be displayed that could contain the following information:
1. Name of the registrant
2. Email address of the registrant
3. Address of registrant
4. Logo of Net4domains.com (site from which the domain is registered)
5. Logo of Net4India (server on which domain is hosted initially)
Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year
but in case of .biz and .info minimum period 2 yrs.) from the date of the
registration. You can apply for renewal of the registration for further period
of 1 to 10 years on payment of renewal fees applicable at the time of
re-registration, and terms and conditions as applicable at the time of
re-registration. The payment for re-registration must be received at least 15
days prior to the date of expiry otherwise re-registration of the same domain
name shall not be granted. You acknowledge and agree that Net4India
cannot guarantee that you will be able to register or renew a desired domain
name even, if an inquiry indicates that domain name is available, since
Net4India cannot know with certainty whether or not the domain name which
you are seeking to register is simultaneously being sought by third party(s),
or whether there are any inaccuracies or errors in the domain name registration
or renewal process or related databases, including the various WHOIS databases.
You further agree that Net4India may elect to accept or reject your application
for registration or renewal for any reason at its sole discretion.
All payments are to be made in favour of "Net 4 India Ltd." payable at New
Delhi and are to be sent at the mailing address as mentioned in clause 20 of
this agreement by courier/registered post. No outstation cheques are accepted.
At the back of the cheque / Demand draft you are required to mention your Order
ID and domain name(s) you have booked against each order ID. In case payment is
made by Credit Card then the registrant is required to send at the sole
discretion of Net4India, where it deems fit a Confirmation Letter (see Annexure
I) duly signed by him through fax/courier/registered post.
Net4India reserves the right to stop the services, in case the
confirmation letter as required is not received back within 10 days of
allotment of Order ID Number.
Your domain name application, renewal application or registrar transfer request
will not be submitted to the applicable registry unless we receive actual
payment of the registration, renewal or transfer fee or reasonable assurance of
payment of the registration, renewal or transfer fee from some other entity
(such reasonable assurance as determined by Net4India at its sole
discretion).
In the event of a charge back by a credit card company or dishonor of cheque /
demand draft in connection with your payment for the registration, renewal or
registrar transfer request, you acknowledge and agree that the registration
shall be transferred to Net4India as the entity that has paid the
registration, renewal or transfer fee for that registration to registry, and
that we reserve all rights regarding such domain name including, without
limitation, the right to make the domain name available to other parties for
purchase. We will reinstate any such registration solely at our discretion, and
subject to our receipt of the applicable registration, renewal or transfer fee.
We will try to notify thirty (30) days prior to the date when a renewal fee is
due. (We owe no responsibility if we fail to notify prior to due date. You are
requested to make the payment as and when due and further request not to rely
on our mail for reminding you to make the payment). No renewal fee will be
accepted 90 days prior to expiry date. Should a renewal fee go unpaid within
the time specified regarding renewal, the registration will be cancelled.
Payment must be made by cheque/demand draft/credit card or such other method as
we may indicate in the registration application or renewal form. We will renew
the registration for the term specified, provided your credit card or other
billing information is available and up to date, unless you instruct us
otherwise within the time specified. If your billing information is not
accurate and you wish to renew the registration, we will contact you to update
this information and charge you accordingly.
In case the requisite payment is not received since it is due, then we can stop
providing services to you and the stoppage of service due to non payment or any
other reason attributable to you can not be held as " intent to cause wrongful
loss or damage to the public or any person and neither it can be constructed to
diminish the value or utility or affect you injuriously'. Discontinuance of
service by Net4India due to non payment of dues or any other reason
attributable to you does not amount to Hacking.
4. MODIFICATION OF AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to the
service(s) on our web site, or on notification to you by e-mail or regular mail
as per the Notices clause of this agreement, Clause 20. You agree to review our
web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail or
regular mail as per the Notice clause of this agreement, Clause 20. Notice of
your termination will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any revision to
this Agreement or change in service(s), you abide by any such revisions or
changes. You further agree that we, in our sole discretion, may modify our
Domain Name Dispute Policy at any time. You agree that, by maintaining the
reservation or registration of your domain name after modifications to the
Dispute Policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modifications, you may request
that your domain name be deleted from the domain name database.
5. MODIFICATION TO YOUR ACCOUNT
In order to change any of your account information with us, you must use
your CRN ID (that you were assigned when you opened your account with us) and
Password (that you use to login to your panel). Please safeguard your
Account Identifier i.e. the CRN ID and Password from any unauthorized use.
In no event we will be liable for the unauthorized use or misuse of
your CRN ID or Password.
6. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to be bound by ICANN Domain
Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a
part of this Agreement by reference. Please take the time to familiarize
yourself with the dispute policy. ICANN reserve the right to modify the dispute
policy and the moment modified dispute policy is put in our web site, the
modified dispute policy is applicable.
7. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation or transfer of your
domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy.
8. AGENTS
You agree that, if an agent for you (i.e., an Internet Service Provider,
web designing company, employee, etc.) purchased our Services on your behalf,
you are nonetheless bound as a principal by all terms and conditions herein,
including the Dispute Policy.
9. ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to add
security or to enhance your identity on the Internet.
10. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such Service(s). Our
contractors and we shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use any
of the Services or for the cost of procurement of substitute services. We
disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data mis-delivery; (3)
loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your CRN ID or Password; (5)
loss or liability resulting from errors, omissions, or mis-statements in any
and all information or services(s) provided under this Agreement; (6) loss or
liability resulting from the development or interruption of your Web site or
email service. The registrant agrees that we will not be liable for any loss of
registration and use of registrant's domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event our maximum liability
shall exceed the amount of fees paid by you for the service/s hired by you.
11. INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or someone else
using the E-mail Service with your computer, of any intellectual property or
other proprietary right of any person or entity, or from the violation of any
of our operating rules or policy relating to the service(s) provided. You also
agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened with lawsuit
by a third party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in
deactivation of your domain name.
12. BREACH
You agree that failure to abide by any provision of this Agreement, any
operating rule or policy or the Dispute Policy provided by us, may be
considered by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30) calendar days of
the date of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations under the
Agreement, then we may delete the registration or reservation of your domain
name or terminate your e-mail account without further notice. Any such breach
by you shall not be deemed to be excused simply because we did not act earlier
in response to that, or any other breach by you.
13. NO GUARANTEE
You agree that, by registration or reservation or transfer of your
chosen domain name, such registration or reservation or transfer does not
confer immunity from objection either to registration, reservation, transfer or
use of the domain name. The allotment of Order ID number and payment by you for
your requested Domain Name does not ensure that your requested Domain name is
registered. Your domain name is guaranteed as registered only when you receive
a confirmation mail from us, confirming registration of your domain name.
14. DISCLAIMER OF WARRANTIES
You agree and warrant that the information that you provide to us to
register or reserve your domain name or register for other Services is to the
best of your knowledge and belief, accurate and complete, and that any future
changes to this information will be provided immediately. You agree that your
use of our Services is solely at your own risk. You agree that such Service(s)
is provided on an "as is," "as available" basis, we expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through our e-mail service or that defects in the Services
software will be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of our e-mail service is
done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the e-mail service or any
transactions entered into through the e-mail service. No advice or information,
whether oral or written, obtained by you from us or through the e-mail service
shall create any warranty not expressly made herein.
15. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other Services, or to
delete your domain name within thirty (30) calendar days from receipt of your
payment for such services. In the event we do not register or reserve your
domain name or register you for other Services, or we delete your domain name
or other Services within such thirty (30) calendar days period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register or reserve, or
delete your domain name or register you for other Services.
16. SPECIFIC TO .BIZ TLD's
(1) .Biz Registrations: Registrations in the .biz TLD
must be used or intended to be used primarily for bona fide business or
commercial purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall mean the bona
fide use or bona fide intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit Internet users to
access one or more host computers through the DNS:
To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for
compensation shall not constitute a "bona fide business or commercial use" of
that domain name.
(2) .Biz Certification: As a .biz domain name Registrant, you
hereby certify to the best of your knowledge that:
The registered domain name will be used primarily for bona fide business or
commercial purposes and not (i) exclusively for personal use; or (ii) solely
for the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation. For more information on the .biz restrictions,
which are incorporated herein by reference please see:
http://www.neulevel.biz/ardp/docs/reg_restrictions.html
The domain name Registrant has the authority to enter into the registration
agreement; and the registered domain name is reasonably related to the
Registrant's business or intended commercial purpose at the time of
registration.
(3) Provision of Registration Data: As part of the
registration process, you are required to provide the registry operator with
certain information and to update this information to keep it current, complete
and accurate. This information includes (i) your full name, postal address,
e-mail address, voice telephone number, and fax number, if available; (ii) the
name of an authorized person for contact purposes, in the case of a Registrant
that is an organization, association, or corporation; (iii) the IP addresses of
the primary name server and any secondary name server(s) for the domain name;
(iv) the corresponding names of those name servers; (v) the full name, postal
address, e-mail address, voice telephone number, and fax number, if available,
of the technical contact for the domain name; (vi) the full name, postal
address, e-mail address, voice telephone number, and fax number, if available,
of the administrative contact for the domain name; (vii) the name, postal
address, e-mail address, voice telephone number, and fax number, if available,
of the billing contact for the domain name; and (viii) any remark concerning
the registered domain name that should appear in the Whois directory. You agree
and understand that the foregoing registration data will be publicly available
and accessible on the Whois directory as required by ICANN/Registry Policy and
may be sold in bulk in accordance with the ICANN Accreditation Agreement (the
"ICANN Agreement"), available at ICANN's site.
Inaccurate or Unreliable Data: You hereby represent and
warrant that the data provided in the domain name registration application is
true, correct, up to date and complete and that you will continue to keep all
the information provided up-to-date. Your willful provision of inaccurate or
unreliable information, your willful failure to promptly update information
provided to the registry operator, or any failure to respond for over five
calendar days to our inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing in the Whois
directory with respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration of any domain
name(s) registered by or through you or your account, shall constitute a breach
of this Agreement. Any information collected by the registry operator
concerning an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the ICANN Agreement
or any ICANN/Registry Policy.
(4) Domain Name Dispute Policy: If you reserved or registered
a .biz domain name through the registry operator, you agree to be bound by our
current domain name dispute policy that is incorporated herein and made a part
of this Agreement by reference. Please take time to familiarize yourself with
that policy. In addition, you hereby acknowledge that you have read and
understood, and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
The Start-up Trademark Opposition Policy ("STOP"), available at:
http://www.neulevel.com/countdown/stop.html; and
The Restrictions Dispute Resolution Criteria and Rules, available at:
http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute
between a Registrant of a .biz domain name ("Registrant") with any third party
(other than registry operator or registrar) over the registration or the use of
a .biz domain name registered by Registrant that is subject to the Intellectual
Property Claim Service. The Intellectual Property Claim Service is a service
introduced by Registry Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with the STOP and
its associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution
providers.
The RDRP sets forth the terms under which any allegation that a domain name is
not used primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider. None of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used primarily for
business or commercial purposes or that a domain name is being used in
compliance with the SUDRP or UDRP processes.
(5) Domain Name Dispute Policy Modifications : You agree that
the registry operator, in its sole discretion, may modify its dispute policy.
The registry operator will post any such revised policy on its Web site at
least thirty (30) calendar days before it becomes effective. You agree that, by
maintaining the reservation or registration of your domain name after
modifications to the dispute policy become effective, you have agreed to these
modifications.
(6) Reservation of Rights. Net4India and the .biz
registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel
or transfer any registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Net4India and/or NeuLevel, Inc., as well
as their affiliates, subsidiaries, officers, directors and employees.
Net4India and NeuLevel, Inc. also reserve the right to freeze a domain
name during resolution of a dispute.
17. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
18. NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
19. HEADING
Heading used in this agreement are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such clause or
in any way affect this agreement.
20. NOTICE
You agree that, unless other instructions are posted on the Net4India's
Web site, any notices required to be given under this Agreement will be deemed
to have been given if delivered by email or fax, or sent by certified mail,
return receipt requested, or other recognized overnight delivery service to
each of the parties in accordance with the most current contact information you
have provided to us. All notices shall be effective upon receipt, except that
email and fax notices shall be effective upon transmission. Mail shall be sent
to:
Net 4 India Limited
AB-11, Community Centre,
Safdarjung Enclave
New Delhi-110029
Fax No.- 91-11-41653217
Email- [email protected]
21. NON-WAIVER
Our failure to require performance by the Registrant of any provision
hereof shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
22. ENTIRETY
You agree that this Agreement, the rules and policies published by us
and the Dispute Policy are the complete and exclusive agreement between you and
us regarding our Services. This Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether established by custom, practice,
policy or precedent.
23. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of Union of India. Both parties agree to submit to the jurisdiction to the
National Capital Territory Region of Delhi.
24. INFANCY
You attest that you are of legal age to enter into this Agreement.
25. ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION
FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
WEBSITE HOSTING
1. AGREEMENT
In this service Agreement ("Agreement") “you” and “your” refer to each
customer, “we”, “us” and “our” refer to Net 4 India Ltd. (hereinafter referred
to as "Net4India") and services refer to the web hosting service provided by
us. This Agreement explains our obligation to you and explains your obligation
to us for web hosting service. By using the services under this Agreement, you
acknowledge that you have read and that you agree to be bound by all the terms
and conditions of this Agreement and any pertinent rules or policies that are
or may be published / mailed by us.
2. SERVICES
''Net4India" has agreed to provide Web Hosting services to the ''Client'' on
receipt of fee as applicable on the date of applying for the service, renewal,
etc.
3. FEES & PAYMENT
As consideration for the services you have selected, you agree to pay us the
applicable service(s) fees. All fees payable hereunder are non-refundable
unless we provide otherwise. As further consideration for the Services, you
agree to:
(1) provide current, complete and accurate information about
you, as required by the registration process; and
(2) maintain and update this information, as needed, to keep
it current, complete and accurate. All such information shall be referred to as
account information ("Account Information"). You hereby grant us the right to
disclose to third parties such Account Information. The Registrant, by
completing and submitting the Web Hosting Agreement ("Agreement"), represents
that the statements in its application are true and so far as the Registrant is
aware, does not interfere with or infringe upon the rights of any third party.
The Registrant also represents that the Web hosting is not done for any
unlawful purpose.
All payments are to be made through Cheque/ Bank Draft in favour of
"Net 4 India Ltd." payable at New Delhi and are to be sent at the mailing
address as mentioned in this Agreement by courier/registered post. The
payments are required to be paid in advance otherwise "Net4India" would not
proceed with providing of its Services. No outstation cheques are
accepted. In case payment is made by Credit Card, then the registrant is
required to send at the sole discretion of Net4India, where it deems fit a
Confirmation Letter duly signed by him through fax/courier/registered post.
Net4India reserves the right to stop the services, in case the confirmation
letter, as required, is not received back within 10 days of allotment of Order
ID Number.
Your requested space for web hosting will not be booked on our server unless we
receive actual payment of the registration or renewal or reasonable assurance
of payment of the registration or renewal from some other entity (such
reasonable assurance as determined by "Net4India" at its sole discretion).
In the event of a charge back by a credit card company or dishonor of cheque /
demand draft in connection with your payment of the registration or renewal
fee, you acknowledge and agree that "Net4India" can stop providing the services
relating to Web hosting, unless it receives the due payment along with the
administrative charges. We will reinstate any such registration solely at our
discretion, and subject to our receipt of the applicable registration, renewal
or transfer fee.
We will try to notify thirty (30) days prior to when a renewal fee is due. (We
owe no responsibility if we fail to notify prior to due date. You are requested
to make the payment as and when due and further request not to rely on our mail
for reminding you to make the payment). Should a renewal fee go unpaid within
the time specified regarding renewal, the registration will be cancelled.
Payment must be made by cheque/demand draft/credit card or such other method as
we may indicate in the registration application or renewal form. We will renew
the registration for the term specified provided your credit card or other
billing information is available and up to date, unless you instruct us
otherwise within the time specified. If your billing information is not
accurate and you wish to renew the registration, we will contact you to update
this information and charge you accordingly.
In case the requisite payment is not received since it is due, then we can stop
providing services to you and the stoppage of service due to non payment or any
other reason attributable to you can not be held as " intent to cause wrongful
loss or damage to the public or any person and neither it can be constructed to
diminish the value or utility or affect you injuriously'. Discontinuance of
service by "Net4India" due to non payment of dues or any other reason
attributable to you do not amount to Hacking under Section 66 of the
Information Technology Act, 2000.
4. TERM AND TERMINATION
a) The term of this Agreement shall begin on the date of
signing of this Agreement and shall continue in effect till the final delivery
of the service.
b) The ‘‘Client’’ can terminate the service/s provided/to be
provided by ‘‘Net4India’’ by giving a prior 30 days notice.
c) In case of termination of contract initiated by the
‘‘Client’’, the ‘‘Client’’ is required to settle the full payment for the
engagement period fees and other incidental expenses incurred by us.
d) ‘‘Net4India’’ can terminate the services provided/to be
provided to the ‘‘Client’’ if ‘‘Client’’ becomes insolvent, delinquent, unable
to pay its debt or violates any term/s and condition/s of this Agreement.
5. CLIENT COVENANTS
We cannot check to see whether the web site hosted by you on our server
infringes legal rights of others. We urge you to investigate and ensure that
web site hosted by you do not infringe the legal right of others. During the
period that '"Net4India"' provides Web Hosting service, ''Client'' shall not
distribute on the website any content that:
(a) infringes on the intellectual property rights of any third
party or any rights of publicity or privacy;
(b) violates any law, statute, ordinance or regulation;
(c) is defamatory, trade libellous, unlawfully threatening or
unlawfully harassing;
(d) is obscene, pornographic or indecent; or
(e) contains viruses or other computer programming routines
that are intended to damage or detrimentally interfere with any system, data or
personal information;
(f) under no circumstances unsolicited message/s of
communication in any form (SPAM) shall be sent by the client to any third
party. Neither shall the client send any communication to any of its client
which is not desired by him. If we receive any complaint from any third party
that they have received unsolicited communication, then we shall terminate the
services immediately, without giving any notice. If the service is terminated
due to SPAMMING, then we shall not be liable for any damages neither shall be
refund any amount received towards service fee.
"Net4India" shall terminate the services immediately without assigning any
reason if the client does not follow the client covenants as stated above.
6. INDEMNITY
'Client' shall indemnify, defend and hold '"Net4India"' harmless against any
third party claim, action, suit or proceeding alleging any breach of the
'Client Covenants' as stated in clause 5 or arising from errors or
inaccuracies in the content. 'Client' shall indemnify '"Net4India"', its
officers, directors, employees, agents or its affiliates for all losses,
damages, liabilities and all reasonable expenses and costs incurred by
"Net4India" as a result of a judgement entered against "Net4India" in any such
claim, action, suit or proceeding. "Net4India" can stop providing the services
to the Client on received of complaint by the third party regarding the
violation of Client Covenants.
7. CONFIDENTIAL INFORMATION
Information considered proprietary or confidential by either "Net4India" or
''Client'' which is delivered or disclosed pursuant to or in connection with
this Agreement and identified as such by the disclosing party ("Confidential
Information") shall be used solely for the purposes of this Agreement and shall
not be otherwise disclosed without the prior written consent of the disclosing
party. Confidential information will be kept in confidence and protected from
disclosure to unauthorized persons to the same extent the receiving party
protects its own confidential information, but in no event shall be liable for
the disclosure or use of proprietary information which is publicly known, other
than by breach hereof; is obtained without restriction by the recipient on a
non-confidential basis from a third party lawfully possessing and lawfully
entitled to disclose such information; is previously known by the recipient; is
at any time, developed by recipient independently of any disclosures hereunder;
or, is required to be disclosed by a governmental entity having jurisdiction
over the recipient. If either party is required to disclose any proprietary
information of the other party, it shall provide notice thereof to the other
party in a timely fashion so that the other party may avail itself of any
procedures or remedies to protect or avoid such disclosure.
8. LIMITATION OF LIABILITY
a) Notwithstanding anything contained herein to the contrary,
"Net4India" shall not be liable to the ''Client'' or any third person for any
delay or default in performing its obligations hereunder is caused by force
majeure, such as wars or insurrections, riots, acts of governments, riots,
strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood,
embargoes and/ or inability to obtain materials, acts of God, electricity
failure, telephone disruption, policy change by Government of India/Department
of Telecom/other related department or other cause outside the reasonable
control of '"Net4India"'. "Net4" and its officers, directors or employees shall
not be liable in any event for loss of anticipated profits, loss by reason of
shutdown, or interruption of service or other consequential loss or damage of
any nature arising from any cause whatsoever even if "Net4India" has been
advised of the possibility of such damages.
b) Under no circumstances aggregate liability payable by
''Net4India'' will exceed the total fee received from the ''Client'' under this
Agreement.
9. OUTSOURCING
The ''Client'' hereby agrees not to circumvent and engage any other independent
contractor for rendering services similar to that agreed herein during the
engagement period.
10. NON-SOLICITATION
''Client'' shall not hire or contract any of "Net4India's" employees for a
period of two (2) year following the termination or cancellation of this
Agreement. ''Client'' can not hire or contract any of the "Net4India's"
employees during the period of this Agreement.
11. GENERAL
A. Domain Name: If ''Client'' wishes to register a domain name
for the web site, "Net4India" shall co-operate with ''Client'' in registering
the domain name. ''Client'' shall be paying all fees for registration (both
initial and annual) of domain name. As between ''Client'' and "Net4India",
''Client'' shall own all right, title and interest in and to the domain name.
As part of the web hosting services provided under this Agreement, "Net4India"
will provide Domain Name Server assistance. No representation or warranties are
made by "Net4India" as to the DNS service provided to the ''Client'' under this
Agreement (pursuant to the disclaimers stated in this Agreement) where
''Client'' arranges for a third party to provide DNS and/or E-Mail service.
''Client'' agrees to hold "Net4India" harmless from any errors made as a result
of third party's management of the ''Client’s” DNS and/or E-Mail service. If a
third party provides DNS and/or E-Mail service for ''Client'', and ''Client''
needs additional services from Provider concerning ''Client’s” DNS and /or
E-Mail service, additional services will be provided by "Net4India" at
"Net4India's" then hourly rate.
Note: Our domain name terms and conditions shall govern Domain
Name registration. You are requested to familiarize yourself with the domain
terms and conditions as given in our site.
B. Performance: "Net4India" will not be responsible for
refunding any fees paid by ''Client''.
C. Cancellation of Web Hosting : Net4India can terminate the
services provided to the Client, if it is found by Net4India that the Client is
utilizing more than the sanctioned space. Upon the cancellation of the
provision of the Website hosting service to ''Client'' or termination of this
Agreement, "Net4India" shall: (i) replace the home page of the
web site with a standard error message at no charge to ''Client''; (ii)
upon ''Client’s'' request, provide a forwarding address on the website for
"Net4India's" standard fees Rs. 2,000.00 which shall be payable in advance;
(iii) upon ''Client’s'' request, provide to ''Client'' one copy of
the website, in object code format for a fee of Rs. 5,000.00 which shall be
payable in advance. If upon termination of this Agreement or cancellation of
the provision of the website Hosting service to ''Client'', ''Client'' notifies
"Net4India" that it wishes to transfer the hosting of the website to another
company, "Net4India" shall promptly comply with the transfer request from the
other company if ''Client'' is not then delinquent with respect to any amount
payable under this Agreement. Upon payment to "Net4India" of the delinquent
amounts, if any, "Net4India" shall promptly comply with the request.
D. Modification: "Net4India" at its sole discretion modify the
service as provided. "Net4India" at the time of renewal can at its sole
discretion withdraw, reduce or continue with the additional services offered to
the customers before.
12. AGENTS
You agree that, if an agent for you (i.e. and Internet Service Provider, Web
design company, employee, etc) purchased our services on your behalf, you are
nonetheless bound as a principal by all the terms and conditions herein.
To the terms and conditions contained in the Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
13. ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent to the
quality or operation of our services and those of our service partners. These
announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to add
security or to enhance your identity on the internet.
14. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. "NET4INDIA" EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE
OF DEALING, USAGE OR TRADE PRACTICE. "NET4INDIA" DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT
THE SERVICES WILL MEET YOUR REQUIREMENTS.
15. GOVERNING LAW
This Agreement will be governed and construed in accordance with the laws of
Union of India. Both parties agree to submit to jurisdiction to the National
Capital Territory Region of Delhi.
16. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable for
any reason, the remaining provisions will continue in full force without being
impaired or invalidated in any way. The parties agree to replace any invalid
provision with a valid provision that most closely approximates the intent and
economic effect of the invalid provision. The waiver of either party of a
breach of any provision of this Agreement will not operate or be interpreted as
a waiver of any other or subsequent breach.
17. HEADING
Heading used in this Agreement are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section or in
any way affect this Agreement.
18. ASSIGNMENT
The parties' rights and obligations will bind and inure to the benefit of their
respective successors and assignees.
19. INDEPENDENT CONTRACTORS
The parties to this Agreement are independent contractors, and no agency,
partnership, joint venture or employee-employer relationship is intended or
created by this Agreement. Neither party shall have power to obligate or bind
the other party. Personnel supplied by "Net4India" shall work exclusively for
"Net4India" and shall not, for any purpose, be considered employees or agents
of ''Client''. "Net4India" assumes full responsibility for the acts of such
personnel while performing services hereunder and shall be solely responsible
for their supervision, direction and control, compensation, benefits and
taxes.
20. NOTICE
Any notices required or permitted hereunder shall be given to the appropriate
party at the address specified below or at such other address as the party
shall specify in writing. Such notice shall be deemed given: upon personal
delivery; if sent by telephone facsimile, upon confirmation of receipt; or if
sent by registered mail or courier, postage prepaid, 5 days after the date of
mailing. Mail shall be sent to:
Net 4 India Limited
AB-11, Community Centre
Safdarjung Enclave
New Delhi-110029
Fax No.- 91-11-41653217
Email- [email protected]
21. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and Agreement of the parties
and supersede any and all oral or written Agreements or understandings between
the parties as to the subject matter of this Agreement. It can be changed only
by a writing signed by both parties. Neither parties is relying upon any
warranties, representations, assurances or inducements not expressly set forth
herein.
22. INFANCY
You attest that you are of legal age to enter into this Agreement.
23. ACCEPTANCE OF AGREEMENT
You acknowledge that you have read this Agreement and agree to all its terms
and conditions. You have independently evaluated the desirability of
participating in the affiliate network and are not relying on any
representation, guarantee or Statement other than as set forth in this
Agreement.
(I accept) (I don't accept)
Annexure-I
For Payment of Credit Card
Since the amount of the transaction is large, to avoid inconvenience to both of us arising out of repudiation and refusal of payments due to any reason by the banks, we request you to please fill up the following and courier/fax/register post it to us at the earliest in order to continue/provide our services.
Confirmation Letter
I confirm having booked the services of Net 4 India Ltd. vide my order no.___________ and authorize Net 4 India Ltd. or their duly appointed agent to debit my credit card account with Rs. ________________.
Name:
Address:
House No.:
Street:
City:
State:
Pin Code:
Phone:
Credit Card No.:
Signature:
Date: