In this Service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, us” and “our” refer to Hosting-Adda (hereinafter referred to as Hosting-Adda) 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 19 sets out the additional provisions specific to .biz; .asia; .me TLD domain name registration. 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.
- 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.
- Rights & Responsibilities of Parties
a) You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation.
b) Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the agreement and be a basis for cancellation of the domain registration.
c) If you intends to license use of the domain name to a third party, nonetheless, you are responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. The Registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.
d) You may choose to limit the amount of personal information that a Registrar makes available in a WHOIS query. To do so, the name may be registered through a privacy service (allowing you to conceal personal identifying information and often replacing it with the information of the privacy service). However, in such circumstances also, you are required provide to us the accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation. You shall be bound to provide us the accurate and complete information as required under WHOIS, which though not published but be maintained in our database.
e) We shall provide notice to each new or renewed Registrant stating:
- The purposes for which any Personal Data collected from the applicant/registrant are intended;
- The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
- Which data are obligatory and which data, if any, are voluntary; and
- How the Registrant or data subject can access and, if necessary, rectify the data held about them.
f) You shall consent to the data processing referred to in Clause (d).
g) You shall represent that notice has been provided equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to the Company by you, and that you have obtained consent equivalent to that referred to in Clause (e) of any such third-party individuals.
h) We agree that we’ll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above.
i) We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
j We shall maintain the confidentiality of the WHOIS data provided by you under the Privacy Service, however we shall have the right to disclose such information, without any prior intimation to you, to any regulatory authority or to any other person whom we shall deem required to be provided with.
k) You shall represent that, to the best of your knowledge and belief, neither the registration of the domain Name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party.
l) For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.
m) You shall agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.
n) You shall indemnify and hold harmless the Company, and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
- 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 Hosting-Adda, 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 Hosting-Adda.com (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, .info and .asia 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. As a security measure all .in domain shall be under transfer lock and auth codes for unlocking the domain not due for renewal within 45 days shall be given to customer on request. In case the date of renewal is less than 45 days auth code for such domains shall be given to customer only after renewal. 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 Hosting-Adda 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 Hosting-Adda 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 Hosting-Adda 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 “Hosting-Adda” 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 Hosting-Adda, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. Hosting-Adda 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 Hosting-Adda 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 Hosting-Adda 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.
As per the ICANN Policy the Registrar shall send atleast two reminder mails/notice to the Registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on timely basis. However, at the conclusion of the registration period , failure by the Registrant fails to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than two reminder mails for renewal prior to the date when a renewal is due. (Though renewal reminder is automated, We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due). Domain renewal status can be checked by you from the control panel provided to you. 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 Hosting-Adda due to non payment of dues or any other reason attributable to you does not amount to Hacking.
- 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.
- 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. However processing of any transaction relating to your domain, may require certain modification, for which purposes you authorize us to modify you domain details for processing your requested transaction on your behalf. That such modification to your domain details will be restored back within 30 days from the date when the requested transaction has been successfully executed.
- 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.
- 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.
- DOMAIN NAME RENEWALS AND DELETION POLICY
If you fail to renew your domain name, the domain names under Hosting-Adda will be renewed automatically by Hosting-Adda on your behalf for a period of one (1) Year. After auto renewal of your domain name by Hosting-Adda you will have a Renewal Grace Period of 38 days during which you may reimburse Hosting-Adda its renewal fee and keep your domain name. That a Domain under Renewal Grace Period shall on expiry of 21st day be put on HOLD (i.e. domain gets disabled and all services like hosting/mailing gets stopped). If you do not reimburse Hosting-Adda such renewal charges during the renewal grace period your domain with Hold status shall be flagged for deletion on the 38th Day, after which you will have a 30-day redemption period during which you may pay Hosting-Adda Redemption fee and renewal charges and redeem your domain name from the Registry. The maximum redemption fee is INR 10,000/- and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the Redemption Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.
Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.
RENEWAL NOTICES REMINDER SCHEDULE:
The renewal notice reminder shall be sent by the Company to the Registrants (Owner’s) in accordance to the below given schedule:
i) First renewal reminder shall be sent 30 days prior to the expiry of the concerned domain.
ii) Subsequent renewal reminder shall be sent 15 days prior to the expiry of the concerned domain.
iii) Further, renewal notice reminder shall again be sent to the registrant’s 7 days prior to the expiry of the concerned domain.
iv) Final reminder shall be sent 7 days post to the expiry of the concerned domain.
The notification for renewal will be sent to the Registered Name Holder via email on the email address provided as the point of contact in Registration Service.
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.
We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations 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 search on the Internet.
- 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.
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.
- 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.
- RIGHT OF REVOCATION
Registrant agrees that registrar may delete a Registrant’s domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement. Registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of Registrant’s domain name, or, suspend the delegation of Registrant’s Domain Name, if it is reasonably determined by registrar in its sole discretion, that Registrant or any other person uses or perceived to use the domain name in connection with: a) Any activity that infringes the intellectual property rights or other rights of third parties; b) Any activity that defames or disparages any person; or c) Any illegal activity including but not limited to, pornography and/or nudity of any kind, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature; or d) Any otherwise illegal or fraudulent activity.
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 five (5) 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.
- 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.
- 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.
- 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 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 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 register you for other Services.
In this service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, “us” and “our” refer to Hosting-Adda (hereinafter referred to as “Hosting-Adda”) 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.
”Hosting-Adda” 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.
- 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 “Hosting-Adda” 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 “Hosting-Adda” 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 Hosting-Adda, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. Hosting-Adda 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 “Hosting-Adda” 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 “Hosting-Adda” 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 “Hosting-Adda” 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.
- 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 ‘‘Hosting-Adda’’ 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) ‘‘Hosting-Adda’’ can terminate the services provided/to be provided to the ‘‘Client’’ if ‘‘Client’’ becomes insolvent, delinquent, unable to pay its debt violates any term/s and condition/s of this Agreement. Hosting-Adda also reserves the right to terminate the services if it is determined by Hosting-Adda, in its sole discretion, that the client is pursuing or is perceived to pursue any illegal activity and/or if at any time your site has or perceived to have pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
- 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 ‘”Hosting-Adda”‘ 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.
“Hosting-Adda” shall terminate the services immediately without assigning any reason if the client does not follow the client covenants as stated above.
‘Client’ shall indemnify, defend and hold ‘”Hosting-Adda”‘ 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 ‘”Hosting-Adda”‘, its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by “Hosting-Adda” as a result of a judgement entered against “Hosting-Adda” in any such claim, action, suit or proceeding. “Hosting-Adda” can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.
- CONFIDENTIAL INFORMATION
Information considered proprietary or confidential by either “Hosting-Adda” 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.
- LIMITATION OF LIABILITY
a) Notwithstanding anything contained herein to the contrary, “Hosting-Adda” 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 ‘”Hosting-Adda”‘. “Hosting-Adda” 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 “Hosting-Adda” has been advised of the possibility of such damages.
b) Under no circumstances aggregate liability payable by ”Hosting-Adda” will exceed the total fee received from the ”Client” under this Agreement.
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.
”Client” shall not hire or contract any of “Hosting-Adda’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 “Hosting-Adda’s” employees during the period of this Agreement.
A. Domain Name: If ”Client” wishes to register a domain name for the web site, “Hosting-Adda” 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 “Hosting-Adda”, ”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, “Hosting-Adda” will provide Domain Name Server assistance. No representation or warranties are made by “Hosting-Adda” 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 “Hosting-Adda” 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 “Hosting-Adda” at “Hosting-Adda’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: “Hosting-Adda” will not be responsible for refunding any fees paid by ”Client”.
C. Cancellation of Web Hosting : Hosting-Adda can terminate the services provided to the Client, if it is found by Hosting-Adda 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, “Hosting-Adda” 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 “Hosting-Adda’s” standard fees Rs. 500.00 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 “Hosting-Adda” that it wishes to transfer the hosting of the website to another company, “Hosting-Adda” 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 “Hosting-Adda” of the delinquent amounts, if any, “Hosting-Adda” shall promptly comply with the request.
D. Modification: “Hosting-Adda” at its sole discretion modify the service as provided. “Hosting-Adda” at the time of renewal can at its sole discretion withdraw, reduce or continue with the additional services offered to the customers before.
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.
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.
- DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. “HOSTING-ADDA” 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. “HOSTING-ADDA” DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
- 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.
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.
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.
The parties’ rights and obligations will bind and inure to the benefit of their respective successors and assignees.
- 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 “Hosting-Adda” shall work exclusively for “Hosting-Adda” and shall not, for any purpose, be considered employees or agents of ”Client”. “Hosting-Adda” 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.