User Agreement / Terms of Service
g-net solutions coimbatore private ltd Services
In these terms and conditions: (a) "we", "our", "company" means g-net solutions coimbatore pvt ltd; and (b) "you" , "customer", "your" means the service purchaser from g-net solutions coimbatore pvt ltd
This User Agreement ("Agreement") governs use of any of our Services (collectively called "Services","company" "we" means g-net solutions coimbatore private), ordered by you ("you" and/or "Customer") provided by us. The account with our company through which the Services will be administered is referred to as your "Plan(s)". This Agreement explains the terms and conditions that apply the use of the Plan(s) and our web site. This Agreement exists to define the agreement between you and our solution providers and to ensure that our customers are using the services regarding to the rights of other Internet users and in conformity with the requirements of our network environment.
You are required to use our services including domain name registration, Shared Web Hosting , email id’s in shared servers. This includes respecting the other customers of our company. It is subject to the terms and conditions of this Agreement, and we grant our customers a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents. You shall comply with all copyright laws worldwide in your use of our Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, we do not grant you any direct or implied right in or under any patents, trademarks, copyrights or trade secret information.
Our servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
* materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so * material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws * unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others * storage, posting, display, transmission, advertising of or otherwise making available child pornography.
Shared Web Hosting: Usage of Allotted Resources
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer (the "Agreed Usage"). We will monitor the Customer's bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan's bandwidth allowance is upgraded. Bandwidth calculations are updated everyday regularly and are not in real time.
Shared Web Hosting: Usage of Server Resources
In order to preserve the integrity of our Services and provide Customers with 99.9% up time guarantee,we are regulating our customers' use of server resources. Therefore, it is deliberate that our customers shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of our servers. " excessive amounts of server resources" could be defined as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage.
Shared Web Hosting: Disk Usage and Bandwidth
We provide our customers with bandwidth and disk space, the amount which is defined in our web pages describing the package of Services purchased at the time of purchase. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage hat is inconsistent with normal usage patterns is strictly prohibited. We also reserve the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. The user agrees that such usage shall not exceed the amounts set by us for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by us as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with our company.
Our Shared Hosting plans are not intended for the storage of data not specifically utilized as an element or content within your site's web pages. Examples include, but are not limited to: Website Backups (Exception: One (1) cPanel backup of the account itself) Software Storage Personal/Computer Backups
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as off site storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
We will keep vigil and monitor constantly the User's use of bandwidth, disk usage and other resources. From our sloe discretion we deem it rights to execute corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may also include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement.
Shared Web Hosting: Backups
For its own operational efficiencies and purposes, our backs up data on its shared web hosting servers from time to time is under no obligation or duty to Customer to do so under this User Agreement. CUSTOMER AGREES THAT IT IS SOLELY THE CUSTOMER'S RESPONSIBILITY AND DUTY TO BACKUP CUSTOMER'S DATA ON OUR SERVERS. Customer knowingly and willingly accepts the risk of loss of data if customer does not maintain off site backups of customer's data. Customer also agrees that we are not responsible to anyone of our customers FOR DAMAGES OF ANY KIND, under any legal thoery, under any circumstance, for loss of Customer data on servers.
Shared Web Hosting: Mass Emailing Policy
Each hosting plan is limited to sending no more than 300 emails in any 60 minute period. This policy is necessary to protect the quality of service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in immediate account suspension. To be re-activated , the client must provide a written and signed statement stating "I have read, understood, and agree to our Mass Emailing Policy". Any second violation of this policy will result in account suspension and it will be decided by us upon necessary action, including but not limited to account cancellation. We shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation
E-mail Spamming Prohibited
"Spamming" includes the sending of unsolicited bulk and/or commercial messages over the Internet using our Services or through another ISP or IPP with a reference to us or a website hosted by us , maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on server) that facilitates the foregoing through which Spamming is prohibited. We reserve the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. System and Network Abuse Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation of the following:
* unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
* interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
* forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
* distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information
* any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic
* interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's terminal session, via any means, locally or by Internet
* any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner
* any form of avoidance of system restriction
* any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
Violation of this Agreement
If we come across any violation or threatened violation of this Agreement, it may pursue any remedies and take any action against the customers to stop or correct such violation, including, but not limited to, denying access to our website and the Services and equipment or to the Internet, removal of all or a portion of the information stored on our server, suspension of any and all Services, or termination of this Agreement. Eventually we could even suspend Services or terminate this Agreement. It has to be noted that we shall not refund any of the Fees paid in advance of such corrective action. In addition, we may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. It is also agreed that we shall have no liability to the customers as a result of any corrective action we may take (including, without limitation, termination of Services). You are expected to cooperate with us in any corrective or preventive action that we deem necessary.
Fees and Payment
On purchase of services you agree to make with in seven days of the bill raised by g-net solutions for the services (Inclusive of applicable taxes).
30-Day Money Back Guarantee – hosting server only
If you are not completely satisfied for any reason within the first 30 days of purchasing a hosting, you will be given a full refund of the fees paid in advance upon plan cancellation. The 30-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been our customer for over 30 days. The following services are not covered by the 30-Day Money Back Guarantee and are non-refundable for any reason: additional items and services including; domain name registration.. To invoke the 30-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the "Termination by Customer" section of this agreement within 30 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE. Refunds Refunds are only available in accordance with the 30-Day Money Back Guarantee. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE our 30-DAY MONEY BACK GUARANTEE. Knowledge and Expertise Usage of our services requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Plan, you or your webmaster represent that you have the knowledge necessary to maintain your web site. We will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Plan(s). G-net solutions coimbatore private ltd /Customer Communications Customer shall direct all communications through [email protected]
Ownership of Website
You have previously developed, planned and created source and object code for purposes of creating an operational Web site (collectively, the "Website"). The Website is owned exclusively by you or your agents. In the event a dispute arises over ownership of your web sites and/or the Plan established with us, you agree to fully comply with any and all of our security measures.
Advertising & Marketing
You agree that during the term of this Agreement we may publicly refer to you, orally and in writing, as a customer of G-net solutions coimbatore private ltd . Any other public reference requires your written consent.
Warranties and Representations
You warrant and represent to us that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
Disclaimers and Limitations
YOU EXPRESSLY AGREE THAT THE USE OF SERVICES OR ANY INFORMATION PROVIDED BY US IS AT YOUR SOLE RISK. NEITHER DO WE, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY, "PROVIDERS"), OR THE LIKE, WARRANT THAT THIS SITE OR THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," "WHERE AVAILABLE" BASIS. G-NET SOLUTIONS COIMBATORE PRIVATE LTD AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
YOU AGREE THAT NEITHER G-NET SOLUTIONS COIMBATORE PRIVATE LTD NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL G-NET SOLUTIONS COIMBATORE PRIVATE LTD OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY G-NET SOLUTIONS COIMBATORE PRIVATE LTD OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON G-NET SOLUTIONS COIMBATORE PRIVATE LTD 'S SITES, YOUR USE OF, OR INABILITY TO USE G-NET SOLUTIONS COIMBATORE PRIVATE LTD 'S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER G-NET SOLUTIONS COIMBATORE PRIVATE LTD OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, COSTS AND CAUSES OF ACTIONS FROM ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, QUASI- CONTRACT, STATUTORY OR OTHERWISE) SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Customer shall defend, indemnify and hold harmless to our company and its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "Indemnitees"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of
(i) Customer's breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference,
(ii) Customer's information stored on G-net solutions coimbatore private ltd 's server, the Customer's web site or an end user's use of the such information or the Customer's web site,
(iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order,
(iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer's information or the use in connection with services, software or information not provided by G-net solutions coimbatore private ltd ,
(v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and
(vi) any failure of Customer's information or any aspect of the Customer web site to be compatible with the hardware or software used by us to provide the Services, including any damage to our servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement.
The customer agrees that it shall defend, indemnify, save and hold harmless g-net solutions coimbatore pvt ltd, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney's fees) that may arise or result from: Any service provided or performed or agreed to be performed by a customer. Any product sold or otherwise distributed by a customer.
Any material supplied by the customer in violations or allegedly in violations on any third-party intellectual property rights. Including, but not limited to copyright infringement, trademark violation and trade secret violation) Inaccuracy of any information provided by the customer. Including, but not limited to, libel and false advertising. Any customer's use of the g-net solutions coimbatore pvt ltd service in an unlawful manner or in a manner which is in violation of g-net solutions coimbatore pvt ltd ‘s Terms of Service or Acceptable Use Policies. We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.
We shall take reasonable measures to endeavor to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide.
We reserve the right to change any service at any time. We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service. You are responsible for any material stored on our servers.
We shall not be held responsible for any loss, however caused, of this material.
We may disclose information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained in our website in order to abide by any applicable laws, lawful governmental requests, to protect our customers, or to provide and protect the quality, functionality, and integrity of our business and equipment. Compliance with Law
In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties.
Copyright or Trademark Infringement
The information provided by us through the use of Services, including all images, designs, photographs, writings, graphs, data, and other materials ("G-net solutions coimbatore private ltd Contents"), as well as the collection, arrangement and assembly of the Contents, are the exclusive property of our company. Our Contents may not be used in connection with any other product or service. Any use of our contents, other than as set forth in this Agreement, including reproduction for purposes of modification, distribution, or republication without our prior written consent, is strictly prohibited. We also acknowledge the rights of third parties whose trademarks or registered trademarks are referenced at its Web sites.
You may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without our prior written consent . Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. We may assign its rights and obligations under this Agreement, and may engage subcontractors or agents to perform its duties and exercise its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
No 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, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier 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 Customer as if it were a party to this Agreement.
We will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond our company's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). We would ensure thatwe would make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Denial of Service
We reserve the right to refuse service to anyone at any time for any reason.
Construction and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.
The laws of the Republic of India shall govern this agreement In any event of dispute the area of Jurisdiction would be Coimbatore courts only.
This Agreement, including documents incorporated herein 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. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or G-net solutions coimbatore private ltd , the terms and conditions of this Agreement shall control unless otherwise set forth in this Agreement.
We may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. We assume any obligation to notify you of the changes to this Agreement. Your continued use of our Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
ACCEPTANCE OF AGREEMENT
You acknowledge that you have read this Agreement and agree to all its terms and conditions
G-net solutions coimbatore private ltd reserves the right to revise its policies at any time. If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies