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HOSTONUNIVERSE.COM",
is a Web Presence Provider. The purpose of this Service Agreement /
Service Contract is to specify the terms, conditions, and
obligations which a customer agrees to accept by the his, her or its
conduct of using the Services of HOSTONUNIVERSE.COM for the
registration and renewal of the registration of a domain name, or by
opening an account for any of its services with HOSTONUNIVERSE.COM
for such purpose.
1. Definitions: As used in this Agreement, the
following terms have the following meanings:
(a) "you" ,"your", “customer” and "Subscriber" refer to each
customer, that is, each person who avails or subscribes for any of
Services from HOSTONUNIVERSE.COM
(b) "we," "us, and "our" refer to HOSTONUNIVERSE.COM
(c) "Services" refers to the domain services, web hosting services,
web designing services, online payment gateway, search engine
optimization, sms gateway provided by us as offered through
HOSTONUNIVERSE.COM .
(d) "Account" means a wholesale account opened with
HOSTONUNIVERSE.COM for the registration of domain names and the
payment for such registrations; and
2. The Agreement: This Agreement explains our
obligations to you, and explains your obligations to us, for various
Services. By using our Services, you have agreed to establish an
account with us for such Services. When you use your account, or
permit someone else to use it for any purpose whatsoever (whether or
not we are notified of your having given authorization to such third
party to use your account), this Agreement covers such use and the
service sought or rendered. By opening an account with
HOSTONUNIVERSE.COM. or by using any Services under this Agreement
you acknowledge that you have read, and you agree to be bound by all
terms and conditions of this Agreement, and any pertinent rules or
policies that are or may be published by us. If you do not wish to
be bound by these terms and conditions, you should not proceed to
place any information of any kind on HOSTONUNIVERSE.COM services.
USER CONDUCT
Customer Content: Customer acknowledges that
HOSTONUNIVERSE.COM exercises no control whatsoever over the content
of the information passing through Customer's site (s) and that it
is the sole responsibility of Customer to ensure that the
information it and its users transmit and receive complies with all
applicable laws and regulations and these Rules and Regulations.
Prohibited Activities: Customer will not, and will
not permit any persons ("Users") using Customer's online facilities
and/or services, including, but not limited to, Customer's Web site
(s) and transmission capabilities, to do any of the following
("Prohibited Activities") The following constitute Prohibited
Activities of Service Agreement: :
1. Illegal use: HOSTONUNIVERSE.COM ’s services may
not be used for illegal purposes, or in support of illegal
activities. HOSTONUNIVERSE.COM reserves the right to cooperate with
legal authorities and/or injured third parties in the investigation
of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the HOSTONUNIVERSE.COM ’s
service to harm, or attempt to harm, minors in any way, including,
but not limited to child pornography.
3. Threats: Use of the HOSTONUNIVERSE.COM ’s
service to transmit any material (by email, uploading, posting etc.)
that threatens or encourages bodily harm or destruction of property.
4. Harassment : Use of the HOSTONUNIVERSE.COM ’s
service to transmit any material (by e-mail, uploading, posting
etc.) that harasses another.
5. Fraudulent activity: Use of HOSTONUNIVERSE.COM
’s service to make fraudulent offers to sell or buy products, items,
or services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation: Adding, removing or
modifying identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate any
person by using forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) : Use of the HOSTONUNIVERSE.COM ’s service to
transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in the
immediate termination of the offending HOSTONUNIVERSE.COM ’s
account.
8. E-mail / News Bombing: Malicious intent to
impede another person's use of electronic mail services or news will
result in the immediate termination of the offending
HOSTONUNIVERSE.COM ’s account.
9. E-mail / Message Forging: Forging any message
header, in part or whole, of any electronic transmission,
originating or passing through the HOSTONUNIVERSE.COM ’s service is
in violation of this Service Contract.
10. Usenet SPAMing : HOSTONUNIVERSE.COM ’s has a
zero tolerance policy for the use of its network for the posting of
messages or commercial advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or mailing list.
Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients
are permitted.
11. Unauthorized access: Use of the
HOSTONUNIVERSE.COM ’s service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of HOSTONUNIVERSE.COM 's or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited and the
offending Subscribers account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the
HOSTONUNIVERSE.COM ’s service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying
of copyrighted material, the digitization and distribution of
photographs from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of the
HOSTONUNIVERSE.COM ’s service to collect, or attempt to collect,
personal information about third parties without their knowledge or
consent.
14. Network disruptions and unfriendly activity:
Use of the HOSTONUNIVERSE.COM ’s service for any activity which
affects the ability of other people or systems to use
HOSTONUNIVERSE.COM ’s Services or the Internet. This includes
"denial of service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other network
users, services or equipment is prohibited. Customer may not,
through action or inaction, allow others to use their network for
illegal or inappropriate actions. Customer may not permit their
network, through action or inaction, to be configured in such a way
that gives a third party the capability to use their network in an
illegal or inappropriate manner. Unauthorized entry and/or use of
another company and/or individual's computer system will result in
immediate account termination. HOSTONUNIVERSE.COM will not tolerate
any Customer attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the
intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or
misleading statement, writing or activity made with the intent that
the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right: Distribution and/or
posting of copyrighted or the aforementioned infringements will not
be tolerated.
17. Distribution of Viruses: Intentional
distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems
are prohibited. Such an offense will result in the immediate
termination of the offending account.
18. Inappropriate Use of Software: Use of software
or any device that would facilitate a continued connection, i.e.
pinging, while using HOSTONUNIVERSE.COM ’s services could result in
suspension service.
19. Third Party Accountability: HOSTONUNIVERSE.COM
’s Subscribers will be held responsible and accountable for any
activity by third parties, using their account, that violates
guidelines created within the Service Agreement.
REFUSAL OR DISCONTINUANCE OF SERVICE
HOSTONUNIVERSE.COM . reserves the right to refuse or discontinue
service to anyone at HOSTONUNIVERSE.COM ’s sole discretion after
giving a notice of 15 days. HOSTONUNIVERSE.COM may deny you access
to all or part of the service without notice if you engage in any
conduct or activities that HOSTONUNIVERSE.COM in its sole discretion
believes violates any of the terms and conditions in this agreement.
HOSTONUNIVERSE.COM shall have no responsibility to notify any
third-party providers of services, merchandise, or information, nor
any responsibility for any consequences resulting from such
discontinuance or lack of notification. You agree that
HOSTONUNIVERSE.COM . has the right to monitor the service
electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself or its
subscribers. HOSTONUNIVERSE.COM . reserves the right to refuse to
post or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or in
violation of this agreement.
IDENTIFICATION INFORMATION You agree that you as
the person legally responsible for use of this account, are at least
18 years of age. You agree to supply HOSTONUNIVERSE.COM with a
current and truthful name, postal address and telephone number for
our records, and you have a continued obligation to keep this
information current. You also agree that you are an authorized user
of any credit card that you supply to us and agree that we have an
obligation to fully investigate any possible fraudulent credit card
use .
NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the
proper operation of the system, including but not limited to
defeating identification procedures, obtaining access beyond that
which you are authorized for, and impairing the availability,
reliability, or quality of service for other Subscriber. You further
agree not to interfere with the proper operation of other systems
reachable through the Internet, including any attempt at
unauthorized access. You agree to follow the Acceptable Use Policy
of any network or service you connect to. You agree to adhere to
system policies as published online by HOSTONUNIVERSE.COM including
restrictions on services available with each account type,
restrictions on certain features, and all other policies designed to
protect and enhance the quality and reliability of service at
HOSTONUNIVERSE.COM You agree to abide by any and all future
HOSTONUNIVERSE.COM policy decisions.
SECURITY
You agree that the security of your account is solely your own
responsibility. Customer understands that Internet and other various
networking communication medium are not secure, unless explicitly
specified as such, and may be subjected to interception or loss
HOSTONUNIVERSE.COM makes no warranties of any kind, either express,
implied or statutory concerning the data or information available
through the HOSTONUNIVERSE.COM network. In no event will
HOSTONUNIVERSE.COM be liable to the customer for any indirect,
incidental or consequential damages arising out of the services or
any products provided under this agreement, even if the company has
been advised of the possibility of such damages. You further agree
that if you believe the security of your account has been
compromised in any way, you will notify HOSTONUNIVERSE.COM in
writing by registered mail You shall be held fully responsible for
any misuse or compromise to your account for which
HOSTONUNIVERSE.COM is not properly notified. You agree that if any
security violations are believed to have occurred in association
with your account, HOSTONUNIVERSE.COM has the right to suspend
access to the account pending an investigation and resolution. You
also agree that HOSTONUNIVERSE.COM has the right to cooperate in any
government or legal investigation regarding any aspect of our
services, including services sold to you. Any use of our system to
engage in software piracy or other violations of law will result in
account suspension and be immediately reported to the appropriate
authorities.
BACKUP OF DATA
Your use of the service is at your sole risk. HOSTONUNIVERSE.COM is
not responsible for files and data residing on your account. You
agree to take full responsibility for files and data transferred and
to maintain all appropriate backup of files and data stored on
HOSTONUNIVERSE.COM servers, unless otherwise specified depending on
the account type.
CONFIDENTIAL INFORMATION
Nondisclosure of Confidential Information. Each party acknowledges
that it will have access to certain confidential information of the
other party concerning the other party's business, plans, customers,
technology, and products, and other information held in confidence
by the other party ("Confidential Information"). Confidential
Information will include all information in tangible or intangible
form that is marked or designated as confidential or that, under the
circumstances of its disclosure, should be considered confidential.
Confidential Information will also include, but not be limited to,
HOSTONUNIVERSE.COM .’s Technology, Customer Technology, and the
terms and conditions of this Agreement. Each party agrees that it
will not use in any way, for its own account or the account of any
third party, except as expressly permitted by, or required to
achieve the purposes of, this Agreement, nor disclose to any third
party (except as required by law or to that party’s attorneys,
accountants and other advisors as reasonably necessary), any of the
other party's Confidential Information and will take reasonable
precautions to protect the confidentiality of such information, at
least as stringent as it takes to protect its own Confidential
Information.
Exceptions:
Information will not be deemed Confidential Information hereunder if
such information:
(i) is known to the receiving party prior to receipt from the
disclosing party directly or indirectly from a source other than one
having an obligation of confidentiality to the disclosing party;
(ii) becomes known (independently of disclosure by the disclosing
party) to the receiving party directly or indirectly from a source
other than one having an obligation of confidentiality to the
disclosing party;
(iii) becomes publicly known or otherwise ceases to be secret or
confidential, except through a breach of this Agreement by the
receiving party; or
(iv) is independently developed by the receiving party. The
receiving party may disclose Confidential Information pursuant to
the requirements of a governmental agency or by operation of law,
provided that it gives the disclosing party reasonable prior written
notice sufficient to permit the disclosing party to contest such
disclosure.
PAYMENT You agree to supply appropriate payment for
the services received from HOSTONUNIVERSE.COM in advance of the time
period during which such services are provided or as per the payment
terms of the service opted for, whichever is applicable. You agree
that all setup fees are non-refundable once setup is completed.
Payments are accepted only in the form of crossed Demand Drafts,
Cheques payable locally or by depositing in our Net Banking A/c.
Charges for all services are payable prior to the beginning of each
service period. Failure to pay in no way relieves the Clients
obligations to make full payment. HOSTONUNIVERSE.COM retains full
rights to charge for or alter specifications or discontinue any of
the services/ features offered under the various schemes at any
time, without any prior notice. It shall be our endeavor to set-up
the server with in 3 working days of the receipt of completed form
along with the payment (realization). If however, there is a delay
for any unforeseen circumstances, the clients are requested to
kindly bear with us. Additional or customized services are available
at extra cost as applicable and mentioned in the hosting scheme. You
accept that your account may be temporarily or permanently suspended
without any prior notice or information to you in any event of non
payment from your side for any of HOSTONUNIVERSE.COM 's services
SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and
effect and said provision shall be reformed only to the extent
necessary to make it enforceable.
JURISDICTION
The laws of the Republic of India shall govern this agreement In any
event of dispute the area of Jurisdiction would be Rudrapur /
Nainital only.
ACKNOWLEDGEMENT
By placing, hiring and continuing to maintain or place information
at HOSTONUNIVERSE.COM .'s servers you are stating and acknowledging
that you have read the aforementioned terms and conditions and that
you understand such terms and conditions and agree to be bound by
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