If the person entering into this Agreement is acting on behalf of an entity, all references to “Customer”, “You” and “Your” shall refer to such entity and such person represents that it has the ®authority to bind such entity to this Agreement. For individuals, the Services are available only to those who are at least eighteen (18) years of age and recognized as being able to form legally binding contracts under applicable law.
By using or accessing Our Services, You are agreeing to this Agreement and that any previous agreements between You and Us with respect to the Services are superseded by this Agreement. We may change or modify this Agreement at any time at Our discretion. Any such changes or modifications shall be effective immediately upon the earlier of (i) Our email notification to You advising You of such changes or modifications.
(ii) Your electronic acceptance of the revised Agreement after such changes or modifications have been made as indicated by the “Last Revised” date at the top of this page.
(iii) Your continued use of the Services after We post the amended Agreement to this website.
Throughout these Terms of Service, We sometimes provide summaries to the right to assist You in Your review and understanding of these terms. These summaries are not binding and are not part of this Agreement. Please make sure You read and understand the entire Agreement before using Our Services.
- Account; Point of Contact; Account Ownership You must register for an account (the “Account”) to access and use the Services by providing your full legal name, current address, phone number, a valid email address and certain other information indicated as required. You agree that all such information is current and accurate. We will use the email address that You provide as the primary method of communication, including for billing matters.
You must keep Your password secure. We encourage You to use best practices in creating, regularly changing and securing Your password. We will not be liable for any loss or damage from Your failure to maintain the security of Your Account or Your password. You agree to immediately notify Us of any unauthorized use of Your password or any similar breach of security.
In the event of a dispute regarding Account ownership, We reserve the right to request documentation to determine or confirm Account ownership. Documentation may include a copy of government issued photo ID, OR Pan Card , etc. We retain the right to determine, in Our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If We are unable to reasonably determine the rightful owner of an Account, We reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
2. Our Services
- We will provide to You access to those Services to which You subscribe or that You purchase through Your Account (the “Purchased Services”). The Purchased Services shall include hosting of Your Sites and Your Content for access by visitors and users of Your Sites (“Your End Users”).
- Some of Our Services are offered through plans such web designing . The fees for each plan, and their applicable terms and limits, are described on Our website. Certain plans may have limitations, and We reserve the right to charge an overage fee for exceeding such limitations at then current list prices, or to automatically move You to a plan with limits that exceed Your usage.
- We reserve the right to quarantine one or more of Your Sites, throttle traffic or invoke other necessary techniques to protect Our other customers. Any such move will last as long as We deem necessary to protect Our other customers, and will not include any additional support. If any of Your Sites is the target of a DDoS or other attack, You consent to Us performing mitigation procedures with or without notice to You and without liability for any delay, disruption or interruption of service. These techniques will remain in place until Your Site experiences at least 48 hours of continuous non-malicious, “normal” traffic.
- We will update and modify Our Services or Products from time to time. We will not be responsible for the effect an update has on any code that is not provided by Us. Any modifications to such code necessary to restore functionality to Your Site shall be Your sole responsibility.
- The servers used to provide the Services are physically located in the Mumbai and singapore and, as a result, all content will be subject to the laws thereof.
3. Your Obligations and Restrictions
Our acceptance of You as a customer should not be interpreted as, and is not, any advice, opinion, endorsement, or approval on Our part as to the legality of Your products, services, content or intended use of the Service. You are and remain solely responsible to ensure that Your products, services, content, and intended use of the Service is at all times compliant with any and all laws, regulations, and rules applicable thereto, including but not limited to privacy and data laws, accessibility laws and trademark/copyright laws, regardless of the jurisdiction, including, but not limited to, all jurisdictions, countries, states, cities, or other boundaries within which You operate. You should refer to Our AUP for further restrictions, clarifications, and details.
4. Third Party Sites and Services
Our websites may contain links to other websites owned by third parties (“Third Party Sites such as Google AdSense “), and when you click on any of these links, you are entering another website. You may also have the ability through Our Service or through Applications to access Your accounts for services provided by third parties or to link accounts for Third Party Services to Your Account (collectively, “Third Party Services”).
5. Your Feedback
Any ideas, questions, opinions, recommendations, feedback or other information related, directly or indirectly, to any of Our products and services (“Your Feedback”) communicated to Us, whether by email, Our online forums, interactions with our sales or support representatives, including through chat or IM, or other communication, are considered to be non-confidential and non-proprietary. You hereby grant to Us, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and transferable right and license to incorporate, use, publish and exploit Your Feedback for any purpose whatsoever, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.
6. Additional Policies
- All of the following policies are incorporated into this Agreement.
7. DISCLAIMER OF WARRANTIES
- YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF OUR WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO OUR WEBSITE, OR (II) THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
- EXCEPT AS OTHERWISE PROVIDED HEREIN, WE MAKE NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY AND ACTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY. WE DO NOT WARRANT THAT OUR WEBSITES, SERVERS OR SERVICES OR ANY E-MAIL SENT FROM OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- FURTHER, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. YOU USE OUR SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
- THESE DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES.
8. LIMITATION OF LIABILITY
- WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF OUR WEBSITE, THE SERVICES, YOUR CONTENT, THIRD PARTY SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND HOLD US AND EACH OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE SERVICES, YOUR CONTENT, THIRD PARTY SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
- IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITE, THE SERVICES OR OUR INTELLECTUAL PROPERTY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.
- THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.