Terms of Service (TOS)
Posted by Admin on 15 July 2005 08:51 AM
Terms of Service for All Clients, Resellers and Business Associates
Preliminaries: M/S. Webspiders Interweb Pvt. Ltd., is a Web Presence Provider. The purpose of this Service Agreement / Service Contract "the Agreement", "AUP" "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 It2ecom.net for the registration and renewal of the registration of a domain name, or by opening an account for any of its services with it2ecom.net 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 Webspiders Interweb Pvt. Ltd. or WIPL.COM or WIPLON.COM or It2Ecom.Com or ResellerMarket.Com or HostGuru.Biz or RightMail.Net or WIPL.IN
(b)"we," "us,".WIPL and "our" refer to M/s.Webspiders Interweb Pvt. Ltd. and or WIPL.COM or WIPLON.COM or It2Ecom.Com or ResellerMarket.Com or HostGuru.Biz or RightMail.Net or WIPL.IN
(c) "Services" refers to the domain services, shared hosting services, dedicated servers, or provided by us as offered through Webspiders Interweb Pvt. Ltd. or WIPL.COM or WIPLON.COM or It2Ecom.Com or ResellerMarket.Com or HostGuru.Biz or RightMail.Net or WIPL.IN
(d) "Account" means a wholesale account opened with it2ecom.net for the registration of domain names and the payment for such registrations and other services.
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 M/s. Webspiders Interweb Pvt. Ltd.. 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 Webspiders Interweb Pvt. Ltd.s servers.
Customer acknowledges that WIPL 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.
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: WIPL s services may not be used for illegal purposes, or in support of illegal activities. WIPL 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 WIPL s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the WIPL s service to transmit any material (by email,uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the WIPL s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of WIPL 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 any 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 WIPL 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 WIPL 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 WIPL s account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the WIPL s service is in violation of this Service Contract.
10. Usenet SPAMing: WIPL 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 WIPL s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of WIPL '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 WIPL 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 WIPL 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 WIPL s service for any activity which affects the ability of other people or systems to use WIPL 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. WIPL 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 WIPL s services could result in suspension service.
19. Third Party Accountability: WIPL'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
WIPL reserves the right to refuse or discontinue service to anyone at WIPL s sole discretion after giving a notice of 15 days. WIPL may deny you access to all or part of the service without notice if you engage in any conduct or activities that WIPL in its sole discretion believes violates any of the terms and conditions in this agreement. WIPL 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 WIPL . 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. WIPL . 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.
WIPL makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given WIPL . or its employees shall create a warranty. WIPL provides no warranty that the service will be uninterrupted or error-free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall WIPL be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with WIPL service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on WIPL .'s servers that such information becomes available to all Internet users and that WIPL .has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of WIPL servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through WIPL .or on the Internet generally.
Additionally, We are only responsible for the software we sell and invoice to you, in the event You elect to install or seek assistance from WIPL in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant that You have the right to use and install such third-party software and that the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless WIPL and its employees, officers and directors for, from and against any and all claims brought against WIPL and its employees, officers and directors by a third-party alleging that such software infringes (i) the third-party’s rights or (ii) a U.S. patent, trademark, copyright or other intellectual property right, and shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and settlements made by WIPL in connection with any such claims.
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 WIPL . 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 WIPL ., 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 WIPL You agree to abide by any and all future WIPL .policy decisions.
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 WIPL makes no warranties of any kind, either express, implied or statutory concerning the data or information available through the WIPL . network. In no event will WIPL 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 WIPL . immediately by telephone at +91 (141) 4105555. and in writing by registered mail return receipt requested to Webspiders Interweb Pvt. Ltd.. 304, Subhash Marg,, C-Scheme, Jaipur India. You shall be held fully responsible for any misuse or compromise to your account for which WIPL . is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, WIPL has the right to suspend access to the account pending an investigation and resolution. You also agree that WIPL 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. WIPL 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 WIPL . servers, unless otherwise specified depending on the account type.
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, WIPL .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 partys 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.
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.
You agree to supply appropriate payment for the services received from WIPL 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.
This agreement supersedes any written, electronic, or oral communication you may have had with WIPL or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
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.
The laws of the India shall govern this agreement. In case of any dispute, the area of Jurisdiction would be Jaipur only.
By placing, hiring and continuing to maintain or place information at WIPL .'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 them.