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5th.April,2003
Please read
through the entire TOS (Terms Of Service) before signing
up for
any service provided by the website. This TOS constitutes
the sole agreement between
Provider and Client with respect to the subject matter
hereof and shall be attached to any
use of the Service.
The
Parties:
1.
Anandsoft.com is represented by Anand Software and
Training Pvt. Ltd having
registered office at 1192, 2nd Cross, I Phase,
B.T.M.Layout, Bangalore-560029
India, here after called the "Provider".
2.
("the client")
Recitals:
The Provider is engaged in
the business of providing internet services, including
the supply of web site hosting.
The Client wishes to
use these Services, and the Company agrees to provide
Services to the Client on the following terms and
conditions:
Terms and
Conditions:
Acceptable User
Policy
1.1 Content,
1.2 Email and other
Services
1.3 Resource Usage
Disclaimer of
warranties
Privacy Policy
Copyright
Ordering and
Payment
Cancellation and
Refunds
Termination of
Service
Backup and
Storage
Limited Liability
Jurisdiction
1.
Acceptable User Policy:
1.1 Content:
The Service will not be used for any of the following
and are considered
as a violation of these TOS:
-
Web Sites having
only an IP address
-
Illegal activities
or materials, including but not limited to materials
that
may violate another's intellectual property rights
Promoting pornographic,
sexually explicit, violent, lewd or obscene
materials.
-
Anything that
constitutes promotion of Spam or UCE
Warez, Pirated or Hacker related software, Chat
Rooms other than
included by Provider MP3s of others (any created and
Copyrighted
by Client is fine) IRC Bots
-
Attempts to
undermine or cause harm to other Customer's of
Provider
-
Matt Wright
FormMail script - any version
-
Any other reason
that is deemed by Provider to be unsuitable
1.2 Email: Spamming, or
the sending of unsolicited email, from the Providers
server or
using an email address or domain that is maintained on
the Providers machine as
reference is STRICTLY prohibited, and subject to
suspension without notice.
The Provider will be the sole arbiter as to what
constitutes a violation of this provision.
1.3 Resource Usage:
These Scripts (any version) are not allowed without
pre-approval:
PHP-NUKE [ http://phpnuke.org/
]
UBB [ http://www.infopop.com/ ]
YaBB [ http://www.yabb.info/ ]
Ikonboard [ http://www.ikonboard.com/ ]
Client agrees that
any Script of any type or format or process, that
uses
15% or more of Server resources, per instance, for
more than 30 continuous
seconds, is subject to being shutdown and/or Client
will be requested
to remove it.
Customers are not
allowed to advertise or provide, services similar to
Web
Hosting services.
2.0
Disclaimer of Warranties:
The Provider
makes no warranties, or assurances about the compatibility
of the hardware
and software provided. The services are provided AS IS and
the client assumes all
responsibility.Provider expressly disclaims all Warranties
of any kind, whether express or implied,
including, but not limited to, implied Warranties of
merchantability, fitness for a particular purpose
or use and non-infringement.
Use of the
Services, including the storage of information, is at the
Client's sole risk.
We will endevour to provide safe secure backup services
for all stored information,
but this is not a guarantee, and the Client should insure
themselves against any such
loss.
Client
agrees that any data or files downloaded or uploaded for
storage through the
use of the Service is done at the Client's own
discretion and risk, and that Client will be
solely responsible for any damage to Client or
third-party computer system(s) or loss of
data that results from use of the Service.
Provider
makes no Warranty regarding goods or services purchased or
obtained through
the Service or any transactions entered into through
the Service.
The Client
will indemnify and hold harmless the Provider against any
loss, damage, cost
and expense which we may incur or become liable for by
reason of claims or actions for libel,
violation of privacy rights, plagiarism, copyright
infringement, and claims arising in connection
with data transmitted pursuant to the terms and provisions
of this agreement and any
claims or suits resulting from the Client's use of the
service including, without limitation,
the expense and cost of defending any and all such
claims and actions. Client also agrees
to extend this Indemnification to all officers, owners,
employees, successors, assigns, agents
and contractors of Provider.
We may
temporarily suspend for the purpose of repair, maintenance
or improvement,
part or all of the Services, generally without notice. We
undertake to use reasonable
endeavours to inform Clients of future Service changes
and/or downtime and to restore
Services as soon as practical after any such
suspension.
3. Privacy
Policy:
3.1 We will use our best
efforts to maintain, but do not guarantee, the
privacy of email, network use, and the contents of
user directories.
3.2
The policy of Provider is to respect the privacy of its
Client's, as well as the privacy of
all those conducting business through use of the
Service. However, unless expressly stated
and identified, communications by and between Provider,
Client, and third parties, cannot
be considered completely private, and no Warranties about
their privacy are thus made by
the Provider.
4.
Copyright:
If we are informed of an
alleged copyright or trademark infringement involving a
Client's
Services, we will attempt to notify the Client of those
allegations and secure a response.
We may, in our sole discretion, remove or terminate the
Services containing, on a temporary
or permanent basis, materials which we believe may
create, constitute, or contribute to
copyright or trademark infringements. Client expressly
waives the right to assert any
claims against us for any such removal or
termination.
5.0 Ordering
and Payment:
5.1 Accounts
may be invoiced on a monthly or annual basis, as agreed.
Payment is due upon receipt of each invoice. Overdue
accounts may be terminated or suspended at the discretion
of the Company.
5.2
Additional Charges due to Bandwidth use in excess of that
specified in this agreement will be invoiced on a monthly
basis for immediate payment. 6.0
Cancellation and Refunds: We
offer 30 day refund on all web hosting plans. The
commencement of 30 day refund period start from the first
day of service to the 30th day of service. If a client
wants to cancel an account, request must be issued to
that effect by first day of the month. If the request is
not received by first day of the month, the account will
be cancelled from the next month onwards. Note that the
month starts from the date the account has been activated. Cancellation
of the Service must be done, either in writing and
submitted through the Postal service and addressed to the
current Mailing Address of Provider or, by using eMail
with the "FROM" address being the Client ISP
assigned eMail address on file with Provider, and the
"TO" address being a functional eMail address of
Provider. No other methods are acceptable and Client
must respond to any contact made by Provider with regard
to Cancellation. The
refund is subject to compliance by the Client with other
provisions of TOS, such as "Acceptable User
Policy". We
may temporarily suspend services for the purpose of repair,
maintenance or improvement, part or all of the Services,
with or without notice. We undertake to use reasonable
endeavours to inform Clients of future Service changes
and/or downtime and to restore Services as soon as
practical after any such suspension. 7.0
Termination of Service: 7.1
We may terminate Services to the Client at any time,
without notice, for violation of this agreement. We will
not be liable for any damages or harm to the Client
resulting from such termination. Return of any pre-paid
amounts is contingent to the Client not having used the
Service for Illegal Purposes and has not violated these
TOS as stated elsewhere. Upon termination of the Service,
Client's rights to use the Service immediately ceases, and
Provider shall thereafter have no obligation to maintain
or forward any data or communications to Client or any
third party. 7.2
We may terminate Services to the Client at any time,
giving 14 days notice to the termination date. A refund
covering any remaining period of paid-up hosting charges
will be made. We will not be held responsible for any
other charges directly, indirectly or otherwise due as a
result of suspension of Services. 7.3
Termination shall be accompanied by email notice to the
email address currently on file with the Provider. Under
certain circumstances described within this TOS, Provider
may terminate Service with or without notice. 8.
Back-Up and Storage: Use
of the Services, including the storage of information, is
at the Client's sole risk. We will endevour to provide
safe secure backup services for all stored information,
but this is not a guarantee, and the Client should insure
themselves against any such loss. The client must have
his own storage and back-up arrangements, and must not
rely on the service provided by the
Provider for this purpose. 9
Limited Liability:
Client is
solely responsible for the content and the use of services
available to the Client. Client's use of the Service is
subject to all applicable national and international laws
and regulations.
Client
agrees that any and all use of the Service is at the
Client's sole risk. Provider does not warrant that the
Service will be error free or uninterrupted. No claims or
guarantees are made by Provider as to the accuracy or
reliability of the Service, unless otherwise expressly
stated in this TOS. Client also agrees that Provider shall
be held blameless and deemed not responsible for any loss
or damage to Client's business resulting from use or
"inability to use" of the Service.
Notwithstanding
the above, Client's exclusive remedies for all damages,
losses and causes of actions whether in contract, Tort
including negligence or otherwise, shall not exceed the
aggregate dollar amount which Client paid during the term
of Agreement for Service.
10.
Jurisdiction: Bangalore,
India
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