Terms Of Service
Gift Voucher Terms
- Only One Gift Card Can be Redemmed at a time
- Cloud Bazar Gift Cards are valid till 31st March 2020
- A Minimum purchase should be of INR 1500 or above.Taxes Excluded
- Webzworld can change it Terms & Condition anytime
- Gift Card can be redemmed by only new registration clients
- Gift Card can only be redemmed on One-time purchase
Quick Links
Eligibility, Registration and Account Security
This section describes the eligibility criteria we require
from all of our users. When you register to use our
Services (as defined below), we need to make sure that you are
able to legally contract with us. This section also explains that you
are responsible for account security including all use of the Services through
your User account, whether or not authorized by you.
HIPAA Disclaimer
Our Services do not comply with the U.S. Health Insurance
Portability and Accountability Act (“HIPAA”). This section describes our policy
on HIPAA in more detail.
Termination Policy
Your Services offer plans for a fixed period
of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even
though we do not want you to, we know that one day you might want to leave us.
Auto-Renewal Terms
Unless otherwise provided, your Services will automatically
renew on your renewal date to ensure uninterrupted service. This section
explains this process in more detail.
Refunds
This section describes our refund policy.
User’s Responsibilities
You are required to comply with applicable law and have
certain obligations with respect to their use of the Services. You are also
required to cooperate with us and utilize hardware and software that is
compatible with the Services. In addition, you are responsible for the security
of your account and its content, as well as for maintaining a backup of your
content and promptly removing any malware from your account.
Billing and Payment
We offer a great range of Services to suit everyone’s needs
and at prices to suit everyone’s pockets. The fees you pay are based on the
plan you choose and any add-on products you purchase. All payments are taken,
in advance, for the full term of your plan.
Resource Usage
You are required to utilize server resources in an efficient
and responsible manner. Excessive use of server CPU and memory resources by you
can interfere with or prevent normal service performance for other customers.
Additional information about our policy on CPU, Bandwidth and Disk Usage can be
found here.
TERMS OF SERVICE
These Terms of Service (the “Agreement”) are an agreement
between you (“User” or “you” or “your”) and Webzworld unless you are a User in
India. For all Users in India, this is an Agreement between you and Webzworld , an Indian
corporation. For all customers outside of India, “Company”,
”we”, “us” or “our” shall refer to Webzworld, and for all customers in
India, the same shall refer to Webzworld .
This Agreement sets forth the general terms and conditions
of your use of the products and services made available by us and on our
website (collectively, the “Services”).
1. Additional
Policies and Agreements
1. Use of
the Services is also governed by the following policies, which are incorporated
into this Agreement by reference. By using the Services, you also agree to the
terms of the following policies.
1. Acceptable
Use Policy
2. Copyright
Infringement Policy
3. Data
Request Policy
4. Privacy
Policy
2. Additional
terms may also apply to certain Services, and are
incorporated into this Agreement by reference as applicable. For example, the
Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS
Addendum will also apply to you as applicable and would be incorporated into
this Agreement.
2. Account
Eligibility
1. By
registering for or using the Services, you represent and warrant that:
1. You are
eighteen (18) years of age or older. The Services are intended solely for Users
who are eighteen (18) years of age or older. Any registration, use of or access
to the Services, by anyone under eighteen (18) is unauthorized and is a
violation of this Agreement.
2. If you
use the Services on behalf of another party you agree that you are authorized
to bind such other party to this Agreement and to act on such other party’s
behalf with respect to any actions you take in connection with the Services.
2. It is
your responsibility to provide accurate, current, and complete information on
the registration forms, including an email address that is different from the
domain you are signing up under. If there is ever an abuse issue or we need to
contact you, we will use the primary email address we have on file. It is your
responsibility to ensure that the contact information for your account,
including any domain accounts is accurate, correct and complete at all times. We are not responsible for any lapse in the
Services, including without limitation, any lapsed domain registrations due to
outdated contact information being associated with the domain. If you need to
verify or change your contact information, please contact our sales team via
email or update your contact information through the our
billing and support system. Providing false contact information of any kind may
result in the termination of your account. For dedicated server purchases or in
certain other cases, you may be required to provide government issued
identification and possibly a scan of the credit card used for verification
purposes. Failure to provide the information requested may result in your order
being denied.
3. You agree
to be fully responsible for all use of your account and for any actions that
take place through your account. It is your responsibility to maintain the
confidentiality of your password and other information related to the security
of your account.
3. Company
Content
Except for User Content (as defined below), all content
available through the Services, including designs, text, graphics, images,
video, information, software, audio and other files, and their selection and
arrangement, and all software used to provide the Services (collectively,
“Company Content”), are the proprietary property of the Company or the
Company’s licensors. Company Content may not be modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, sold or exploited for any purpose in any form or by any means, in
whole or in part, other than as expressly permitted in this Agreement. You may
not, directly or indirectly, reverse engineer, decompile, disassemble or
otherwise attempt to derive source code or other trade secrets from any Company
Content. Any use of Company Content, other than as specifically authorized herein,
is prohibited and will automatically terminate your rights to use the Services
and any Company Content. All rights to use Company Content that are not
expressly granted in this Agreement are reserved by the Company and the
Company’s licensors.
4. User
Content
1. You may
upload, store, publish, display, and distribute information, text, photos,
videos and other content for your website on or through the Services
(collectively, “User Content”). User Content includes any content posted by you
or by users of any of your websites hosted through the Services (“User
Websites”). You are solely responsible for any and all User Content and any
transactions or other activities conducted on or through User Websites. By
posting or distributing User Content on or through the Services, you represent
and warrant to us that (i) you have all the necessary
rights to post or distribute such User Content, and (ii) your posting or
distribution of such User Content does not infringe or violate the rights of
any third party.
Solely for purposes of providing the Services, you hereby
grant to the Company a non-exclusive, royalty-free, worldwide right and license
to: (i) use, reproduce, publicly perform, publicly
display, modify, translate, excerpt (in whole or in part), publish and
distribute User Content; and (ii) make archival or back-up copies of User
Content and User Websites. Except for the rights expressly granted herein, the
Company does not acquire any right, title or interest in or to the User
Content, all of which shall remain solely with you.
2. We
exercise no control over, and accept no responsibility for, User Content or the
content of any information passing through our computers, network hubs and
points of presence or the internet. We do not monitor User Content. However,
you acknowledge and agree that we may, but are not obligated to, immediately
take any corrective action in our sole discretion, including without limitation
removal of all or a portion of the User Content or User Websites, and suspend
or terminate any and all Services without refund if you violate the terms of
this Agreement. You hereby agree that the Company shall have no liability due
to any corrective action that we may take.
5. HIPAA
Disclaimer
The Services do not comply with the U.S. Health Insurance
Portability and Accountability Act (“HIPAA”). You are solely responsible for
compliance with all applicable laws governing the privacy and security of
personal data, including medical or other sensitive data. You acknowledge that
the Services are not appropriate for the storage or control of access to
sensitive data, such as information about children or medical or health
information. We do not control or monitor the information or data you store on,
or transmit through, our Services. We specifically disclaim any representation
or warranty that the Services, as offered, comply with HIPAA. Users requiring
secure storage of “Protected Health Information” as defined under HIPAA are
expressly prohibited from using this Service for such purposes. Storing and
permitting access to “Protected Health Information,” is a material violation of
this Agreement, and grounds for immediate account termination. We do not sign
“Business Associate Agreements,” and you agree that Company is not a Business
Associate or subcontractor or agent of yours pursuant to HIPAA. If you have
questions about the security of your data, please contact us by phone or chat.
6. Payment
Card Industry Security Standard Disclaimer.
We comply with the Payment Card Industry Security Standard
(“PCI Standard”) in connection with the collection and processing of your data
and billing information. However, you are solely responsible for the security
of the data and billing information you collect on your User Website. We do not
monitor User Websites for compliance and therefore we are not able to verify
whether any User Website complies with the PCI Standard.
7. Certain
Services; 404 Error Page .
In the event you fail to configure a 404
error page, a default 404 error page will be configured by the Company
to appear in the event an Internet user enters a URL related to your domain but
for which no file is associated. By not configuring a 404
error page, you hereby consent to and authorize the Company’s placement
of a default 404 error page and its associated content on your website. The
Company’s 404 error page may contain advertisements and other materials
selected by the Company in the Company’s sole discretion. This may include, but
is not limited to, third-party websites, third-party product and service
offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. The Company
reserves the right to collect and retain all revenue obtained from such
advertising and other materials.
8. Third
Party Products and Services
1. Third
Party Providers
We may offer certain third party
products and services. Such products and services may be subject to the terms
and conditions of the third party provider. Discounts,
promotions and special third party offers may be subject to additional
restrictions and limitations by the third party
provider. You should confirm the terms of any purchase and the use of goods or
services with the specific third party provider with
whom you are dealing. Please refer to Appendix A to obtain links to the terms
and conditions of certain third party providers.
Appendix A is a representative list and not a comprehensive list of goods or
services offered by third party providers.
The Company does not make any representations or warranties
regarding, and is not liable for, the quality, availability, or timeliness of
goods or services provided by a third party provider.
You undertake all transactions with these third party
providers at your own risk. We do not warrant the accuracy or completeness of
any information regarding third party providers. The Company is not an agent,
representative, trustee or fiduciary of you or the third
party provider in any transaction.
2. The
Company as Reseller or Sublicensor
We may act as a reseller or sublicensor
of certain third party services, hardware, software
and equipment used in connection with the Services (“Resold Products”). We
shall not be responsible for any changes in the Services that cause any Resold
Products to become obsolete, require modification or alteration, or otherwise
affect the performance of the Services. Any malfunction or manufacturer’s
defects of Resold Products, either sold, sublicensed or provided by us to you
will not be deemed a breach of the Company’s obligations under this Agreement.
Any rights or remedies you may have regarding the ownership, licensing,
performance or compliance of any Resold Product are limited to those rights
extended to you by the manufacturer of such Resold Product. You are entitled to
use any Resold Product supplied by us only in connection with your use of the
Services as permitted under this Agreement. You shall make no attempt to copy,
alter, reverse engineer, or tamper with such Resold Product or to use it other
than in connection with the Services. You shall not resell, transfer, export or
re-export any Resold Product, or any technical data derived therefrom, in
violation of any applicable law, rules or regulations.
3. Third
Party Websites
The Services may contain links to other websites that are
not owned or controlled by us (“Third Party Sites”), as well as articles,
photographs, text, graphics, pictures, designs, sound, video, information, and
other content or items belonging to or originating from third parties (“Third
Party Content”). We are not responsible for any Third Party
Sites or Third Party Content accessed through the Services. Third Party Sites
and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us. If
you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You should review
the applicable third party’s terms and policies, including privacy and data
gathering practices of any website to which you navigate.
9. Prohibited
Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic
sanctions laws and regulations administered or enforced by the United States
Department of Commerce, Department of Treasury’s Office of Foreign Assets
Control (“OFAC”), Department of State, and other United States authorities
(collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport,
or permit the export or reexport, of software or technical data in violation of
U.S. Trade Laws. In addition, by using the Services, you represent and warrant
that you are not (a) an individual, organization or entity organized or located
in a country or territory that is the target of OFAC sanctions (including Cuba,
Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b)
designated as a Specially Designated National or Blocked Person by OFAC or
otherwise owned, controlled, or acting on behalf of such a person; (c)
otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear,
missile, chemical or biological weapons activities to which U.S. persons may
not contribute without a U.S. Government license. Unless otherwise provided
with explicit written permission, the Company also does not register, and
prohibits the use of any of our Services in connection with, any Country-Code
Top Level Domain Name (“ccTLD”) for any country or territory that is the target
of OFAC sanctions. The obligations under this section shall survive any
termination or expiration of this Agreement or your use of the Services.
10. Account
Security and Company Systems.
1. It is
your responsibility to ensure that scripts/programs installed under your account
are secure and permissions of directories are set properly, regardless of the
installation method. When at all possible, set permissions on most directories
to 755 or as restrictive as possible. Users are ultimately responsible for all
actions taken under their account. This includes the compromise of credentials
such as username and password. You are required to use a secure password. If a
weak password is used, your account may be suspended until you agree to use a
more secure password. Audits may be done to prevent weak passwords from being
used. If an audit is performed, and your password is found to be weak, we will
notify you and allow time for you to change or update your password before
suspending your account.
2. The
Services, including all related equipment, networks and network devices are
provided only for authorized customer use. We may, but is not obligated to,
monitor our systems, including without limitation, to ensure that use is
authorized, to facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During
monitoring, information may be scanned, examined, recorded, copied and used for
authorized purposes. By using the Services, you consent to monitoring for these
purposes.
3. Any
account found connecting to a third party network or
system without authorization from the third party is subject to suspension.
Access to networks or systems outside of your direct control requires the
express written consent of the third party. We may, at our discretion, request
documentation to prove that your access to a third party
network or system is authorized.
4. Any
account that is found to be compromised may be disabled and/or terminated. If
you do not clean up your account after being notified by us of an ongoing
issue, we reserve the right to keep your account disabled. Upon your request,
we may clean-up your account for an additional fee.
5. We
reserve the right to migrate your account from one data-center
to another in order to comply with applicable data center
policies, local law or for technical or other reasons without notice.
11. Compatibility
with the Services
1. You agree
to cooperate fully with us in connection with our provision of the Services. It
is solely your responsibility to provide any equipment or software that may be
necessary for your use of the Services. To the extent that the performance of
any of our obligations under this Agreement may depend upon your performance of
your obligations, the Company is not responsible for any delays due to your
failure to timely perform your obligations.
2. You are
solely responsible for ensuring that all User Content and User Websites are
compatible with the hardware and software used by us to provide the Services,
which may be changed by us from time to time in our sole discretion.
3. You are
solely responsible for backing-up all User Content, including but not limited
to, any User Websites. The Company does not warrant that we back-up any User
Content, and you agree to accept the risk of loss of any and all User Content.
12. Billing
and Payment Information
1. Prepayment.
It is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. You agree to
pay for the Services in advance of the time period during which such Services
are provided. Subject to applicable laws, rules, and regulations, at our sole
discretion, payments may be applied to outstanding invoices in your billing
account.
2. Autorenewal.
Unless otherwise provided, you agree that until and unless
you notify us of your desire to cancel the Services, you may be billed, but we
are not obligated to bill you, on an automatically recurring basis to prevent
any disruption to your Services, using your credit card or other billing
information on file with us.
3. Advance
Account.
If you maintain a credit balance, we will deduct from the
credit balance when you purchase products or services from us. If the credit
balance is insufficient for processing the order the order may not be
processed. Any negative balance in the Advance Account will become immediately
payable. If you do not correct a negative balance in your account within 24
hours, we reserve the right to terminate the Services with immediate effect and
without any notice.
4. Taxes.
Listed fees for the Services do not include any applicable
sales, use, revenue, excise or other taxes imposed by any taxing authority,
unless otherwise provided. Any applicable taxes will be added to your invoice
as a separate charge to be paid by you. All fees are non-refundable when paid
unless otherwise stated.
5. Late
Payment or Non-Payment.
Any invoice that is outstanding may result in the suspension
or termination of Services. Access to the account will not be restored until
payment has been received. If you fail to pay the fees as specified herein, we
may suspend or terminate your account and pursue the collection costs incurred
by the Company, including without limitation, any arbitration and legal fees,
and reasonable attorneys’ fees. We will not activate new orders or activate new
packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all
content deleted if you fail to make a timely payment. You have fifteen (15)
days from the expiry date to pay the outstanding amount due for a dedicated
server. After 15 days, the data on the dedicated server will be permanently
deleted and cannot be restored.
6. Domain
Payments.
1. Domain
registrations. No refunds will be given once a domain is registered.
2. Domain
Renewals. You can manage domain renewals in your control panel. Domain renewal
notices are provided as a courtesy reminder and we are not responsible for any
failure to renew a domain or failure to notify about a domain renewal. No
refunds will be given once a domain is renewed.
7. Fraud.
It is a violation of this Agreement for you to misuse or
fraudulently use credit cards, charge cards, electronic funds transfers,
electronic checks, or any other payment method. We may report any such misuse
or fraudulent use, as determined in our sole discretion, to governmental and
law enforcement authorities, credit reporting services, financial institutions
and/or credit card companies.
8. Invoice
Disputes.
If you have any questions concerning a charge on your
account, please reach out to our billing department for assistance.
9. Price
Change
The Company reserves the right to change prices, the monthly
payment amount, or any other charges at any time. We will provide you with at
least thirty (30) days’ notice before charging you with any price change. It is
your sole responsibility to periodically review billing information provided by
us through the user billing tool or through other methods of communication,
including notices sent or posted by us.
10. Coupons
Discounts and coupon codes are reserved for first-time
accounts or first-time customers only and may not be used towards the purchase
of a domain registration unless otherwise specified. If you have previously
signed up using a particular domain, you may not sign
up again for that domain using another coupon at a later date. Any account
found in violation of these policies will be reviewed by our Sales department
and the appropriate charges will be added to the account. Coupon abuse will not
be tolerated and may result in the suspension or termination of your account.
All coupons and discounts are only valid towards the initial purchase and do
not affect the renewal or recurring price.
13. Cancellations
and Refunds
Cancellation Process.
You may terminate or cancel the Services from the control
panel. If you cancel the Services, you are obligated to pay all fees and
charges accrued prior to the effectiveness of such cancellation. If you request
to suspend or cancel your customer account, your access to the control panel
will be suspended and you will not be able to access the billing system to
renew products or services or to update your account information. However, you
will continue to have access to use the Services purchased until the end of
your prepaid term.
Please note that if you have pending orders outstanding on
your account at the time you cancel your account, we will continue to process
those orders so long as your Advance Account has sufficient
funds to cover the charges. If we are unable to fulfill
any orders, the charges for such orders will be reversed and we reserve the
right to cancel such orders.
We reserve the right to deny or cancel any order within
thirty (30) days of processing such order. In such case we will refund the fees
charged for the order.
14. Termination.
We may terminate your access to the Services, in whole or in
part, without notice in the event that: (i) you fail
to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may
harm the Company or others or cause the Company or others to incur liability,
as determined by us in our sole discretion; or (iv) as otherwise specified in
this Agreement. In such event, we will not refund to you any fees paid in
advance of such termination, and you shall be obligated to pay all fees and
charges accrued prior to the effectiveness of such termination. Additionally,
the Company may charge you for all fees due for the Services for the remaining
portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER
CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
Shared hosting has been designed to host most personal,
small business websites. To support this, we offer unmetered disk space,
unmetered bandwidth and unmetered websites on some of our plans
15. CPU,
Bandwidth and Disk Usage
a. Permitted
CPU and Disk Usage.
All use of hosting space provided by India is subject to the
terms of this Agreement and the Acceptable Use Policy. Shared hosting space
shall only be used for: (i) web files; (ii) active
email; and (iii) content of User Websites.
However, Shared hosting space may not be used for any
activity not listed above, including but not limited to: (i)
storage of media, emails, or other data as determined by the service providers;
or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming
server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer
than 15 seconds; or (vi) use more than 50% of your website’s disk space for
storing emails. Notwithstanding the above, your email storage cannot exceed 10
GB of disk space used by your Hosting order, even if it is within the aforesaid
50% of your website’s disk space. or (vii) use more than 5 GB or lesser based
on the offering per database. We expressly reserve the right to review every
shared account for excessive usage of CPU, disk space and other resources which
might affect the stability, performance and uptime of our servers, storage and
network that may be caused by your violation of this Agreement or the
Acceptable Use Policy or otherwise.
If you are in violation of the above, we may, in our sole
discretion require you to upgrade your package, or move to a VPS or Dedicated
server (depending on which package would meet your needs) or terminate access
to the Services or remove or delete User Content for those accounts that are
found to be in violation of this Agreement and other policies. Please note,
Dedicated and VPS usage will be limited by the resources allocated to the
specific plan that you purchase.
b. Bandwidth
Usage.
Bandwidth usage is unmetered on shared and cloud hosting
services. Additionally, specific limits on the services have been mentioned on
the product that you purchase, which include but are not limited to Shared
hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If
we encounter any website/package/order/customer consuming more than 25% of the
system resources for more than 90 seconds which might affect the stability,
performance, and uptime of our servers, storage and network, we may require to
you upgrade your package, or move to a VPS or Dedicated server, or we may take
action to restrict the bandwidth or other resources applicable for your
website/package/order/account.
16. Limitation
of Liability
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER
CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE
SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3)
MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN
AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT
INCREASE THIS LIMIT.
17. Indemnification
You agree to indemnify, defend and hold harmless the
Company, our affiliates, and their respective officers, directors, employees
and agents (each an “Indemnified Party” and, collectively, the “Indemnified
Parties”) from and against any and all claims, damages, losses, liabilities,
suits, actions, demands, proceedings (whether legal or administrative), and
expenses (including, but not limited to, reasonable attorney’s fees)
threatened, asserted, or filed by a third party against any of the Indemnified
Parties arising out of or relating to (i) your use of
the Services, (ii) any breach or violation by you of this Agreement; or (iii)
any acts or omissions by you. The terms of this section shall survive any
termination of this Agreement.
18. Arbitration
Your use of the Services is also governed by the following:
Unless you are in India, you also hereby agree to the
Company’s Arbitration Agreement, which is incorporated into this Agreement by
reference and can be found here .
Alternatively, if you are in India, the following provision
applies to you:
All disputes, controversies and differences arising out of
or relating to this Agreement, including a dispute relating to the validity or
existence of this Agreement
(“Dispute”) shall be referred to and resolved by arbitration
in Mumbai, India under the provisions of the Arbitration and Conciliation Act,
1996; provided that, to the extent a party may suffer immediate and irreparable
harm for which monetary damages would not be an adequate remedy as a result of
the other party’s breach or threatened breach of any obligation hereunder, such
party may seek equitable relief, including an injunction, from a court of
competent jurisdiction, which shall not be subject to this Section. The
arbitration tribunal shall consist of one (1) arbitrator jointly appointed by
the parties within fifteen (15) days from the date of first recommendation for
an arbitrator in written form for a party to the other. If the parties fail to
agree on appointment of such arbitrator, then the arbitrator shall be appointed
as per the provisions of Arbitration and Conciliation Act, 1996. The language
of the arbitration shall be English. As part of the terms of the appointment of
the arbitrator(s), the arbitrator(s) shall be required to produce a final and
binding award or awards within six (6) months of the appointment of the sole
arbitrator (jointly appointed by the parties). Parties shall use their best
efforts to assist the arbitrator(s) to achieve this objective, and the parties agree
that this six (6) month period shall only be extended in exceptional
circumstances, which are to be determined by the arbitrator(s) in its absolute
discretion. The arbitral award passed by the arbitrator shall be final and
binding on the parties and shall be enforceable in accordance with its terms.
The arbitrator shall state reasons for its findings in writing. The parties
agree to be bound thereby and to act accordingly. All costs of the arbitration
shall be borne equally by the parties.
19. Independent
Contractor
The Company and User are independent contractors
and nothing contained in this Agreement places the Company and User in the
relationship of principal and agent, partners or joint ventures. Neither party
has, expressly or by implication, or may represent itself as having, any
authority to make contracts or enter into any agreements in the name of the
other party, or to obligate or bind the other party in any manner whatsoever.
20. Governing
Law; Jurisdiction
Unless you are in India, any controversy or claim arising
out of or relating to this Agreement, the formation of this Agreement or the
breach of this Agreement, including any claim based upon an alleged
tort, shall be governed by the substantive laws of the Commonwealth of
Massachusetts.
If you are in India, any controversy or claim arising out of
or relating to this Agreement, the formation of this Agreement or the breach of
this Agreement, including any claim based upon an alleged tort, shall be
governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention
on Contracts for the International Sale of Goods does not apply to this
Agreement.
21. Backups
and Data Loss
Your use of the Services is at your sole risk. the Company
does not maintain backups of dedicated accounts or the Services purchased by
you. You should not rely on the Company for backup. It is solely your
responsibility to maintain backups. the Company is not responsible for files
and/or data residing on your account. You agree to take full responsibility for
all files and data transferred and to maintain all appropriate backup of files
and data stored on the Company’s servers.
22. Limited
Disclaimer and Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS
SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS
AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL
BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE
COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT
LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA
TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE
SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
23. Entire
Agreement.
This Agreement, including policies and documents
incorporated by reference, supersedes all prior discussions, negotiations and
agreements between the parties with respect to the subject matter hereof, and
this Agreement constitutes the sole and entire agreement between the parties
with respect to the matters covered hereby.
24. Headings.
The headings herein are for convenience only and are not
part of this Agreement.
25. Changes
to the Agreement or the Services
We may change or modify this Agreement at any time. We will
post a notice of any significant changes to this Agreement on our website for
at least thirty (30) days after the changes are posted and will indicate at the
bottom of this Agreement the date these terms were last revised. Any changes or
modifications to this Agreement shall be effective and binding on you as of the
date indicated in a notice posted on this page. If no date is specified, your
use of the Services after such changes or modifications shall constitute your
acceptance of the Agreement as modified. If you do not agree to abide by this
Agreement, you are not authorized to use or access the Services.
26. Severability
If any provision or portion of any provision of this
Agreement is found to be illegal, invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions or portions (unless otherwise
specified) thereof shall remain in full force and effect.
27. Waiver
No failure or delay by you or the Company to exercise any
right or remedy hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right or remedy preclude any other or further
exercise of any right or remedy. No express waiver of, or assent to, any breach
of or default in any term or condition of this Agreement by any party hereto
shall constitute a waiver of, or an assent to, any succeeding breach of or
default in the same or any other term or condition hereof.
28. Assignment;
Successors
You may not assign or transfer this Agreement or any of your
rights or obligations hereunder, without the prior written consent of the
Company. Any attempted assignment in violation of this Agreement shall be null
and void and of no force or effect whatsoever. We may assign our rights and
obligations under this Agreement, and may engage
subcontractors or agents in performing our duties and exercising our rights
hereunder, without the consent of User. This Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
29. Force
Majeure
Neither party is liable for any default or delay in the
performance of any of its obligations under this Agreement (other than failure
to make payments when due) if such default or delay is caused, directly or
indirectly, by forces beyond such party’s reasonable control, including,
without limitation, fire, flood, acts of God, labor
disputes, accidents, acts of war or terrorism, interruptions of transportation
or communications, supply shortages or the failure of any third party to
perform any commitment relative to the production or delivery of any equipment
or material required for such party to perform its obligations hereunder.
30. Third-Party
Beneficiaries
Except as otherwise expressly provided in this Agreement,
nothing in this Agreement is intended, nor shall anything herein be construed
to confer any rights in any person other than the parties hereto and their
respective successors and permitted assigns. Notwithstanding the foregoing,
user acknowledges and agrees that any supplier of a third-party product or
service that is identified as a third-party beneficiary in the service
description, is an intended third-party beneficiary of the provisions set forth
in this Agreement as they relate specifically to its products or services and
shall have the right to enforce directly the terms and conditions of this
Agreement with respect to its products or services against user as if it were a
party to this Agreement.