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THIS
AGREEMENT is made and entered between Seven
Hills Technologies, herein after referred
to as spaceregister and the Customer,
who wishes to use the services of Spaceregister.com
in accordance with spaceregister's policies
and standard application.
NOW,
THEREFORE, in consideration of the foregoing
premises and the mutual covenants hereinafter
set forth, the parties hereto agree as follows:
1.
Service Description: As a World Wide Web services
provider, spaceregister provides internet
web hosting, electronic commerce, and associated
services. Customer wishes to connect to the
World Wide Web utilizing the hardware and software
resources of spaceregister to establish
an Internet web presence using spaceregister's
Network.
2.
Conditions: The application and this Agreement
constitute a legal and binding contract between
spaceregister and the Customer and do not
extend to any other person or entity. Customer
may resell to third parties but is responsible
for third party activities and content, and
is bound by the terms under this Agreement.
This shall include but not be limited to the
practice of spamming, the use of e-mail account
to send unsolicited e-mail by Customer and
any third parties Customer has resold spaceregister's
services to and the distribution or presentation
of what is commonly considered adult material.
Customer shall be responsible to obtain license
for any specific software which is being installed
for him / her by spaceregister and shall
bear all charges incurred by spaceregister
for the process. Cancellations after the application
is received and web space is setup will still
hold the Customer responsible for costs incurred
by spaceregister concerning the setup of
the web space. All cancellations must be IAW
spaceregister 's billing policies. All
cancellations shall be in writing and delivered
via postal mail or facsimile to the accounts
receivable department of spaceregister
with telephonic confirmation. Customer is responsible
for all costs incurred to properly process
any Customer account that has not sent proper
cancellation notice to spaceregister. Customer
is responsible for costs incurred in cleaning
up Customer's account outside of the allotted
time.
3.
Warranties: With respect to the services to
be provided herein, Customer acknowledges that
spaceregister makes absolutely no warranties
whatsoever, express or implied. As a result,
the Customer agrees that spaceregister
shall not be liable to Customer for any claims,
damages or loss of profit which may be suffered
by Customer or any other entity in any respect
for direct, indirect, consequential, actual,
or punitive damages arising out of or in relation
to the services provided herein, including,
but not limited to, losses or damages resulting
from the loss of data as the result of delays,
non-deliveries, or service interruptions.
4.
Information: The utilization of any data or
information received by the Customer from the
utilization of the service to be provided by
spaceregister is at Customer's sole and
absolute risk. spaceregister specifically
disclaims and denies any responsibility for
the completeness, accuracy or quality of information
obtained through the services to be provided
hereby.
5.
Unilateral Service Revocation: In the event
that spaceregister may at any time believe
that the service is being utilized for unlawful
purposes by the Customer or in contravention
with the terms and provisions herewith, spaceregister
may immediately discontinue such service to
the Customer without liability. This will include
failure to pay, adult content and/or unsolicited
e-mail. A prior intimation to the discontinuation
of services is not mandatory.
6.
Indemnification: The Customer shall indemnify
and hold harmless spaceregister from any
and all loss, cost, expense, and damage on
account of any and all manner of claims, demands,
actions, suits, proceedings, judgments, costs
and expenses that may be initiated against
spaceregister and spaceregister's officers,
directors, and employees for any service provided
to Customer by spaceregister to include
web space content that violates any copyright,
proprietary right of any person, state and
federal regulations, or contains any matter
that is libelous or scandalous.
7.
Entire Agreement And Understanding: This instrument
and the application for web space and services
constitute the entire agreement between the
parties, and represent the complete and entire
understanding of the parties with respect to
the subject matter of this Agreement.
8.
Relationship: The parties hereto are independent
entities and nothing contained in this Agreement
shall be construed to constitute Customer an
agent, employee, partner, independent contractor,
joint venture, or any other similar entity.
9.
Governing Law: The laws of the State of Andhra
Pradesh shall govern this Agreement in the
Republic of India. Each party agrees that jurisdiction
and venue for any and all claims, disputes
or other matters arising out of the services
provided herein and under this Agreement will
only lie in Secunderabad, Andhra Pradesh. If
any action at law or in equity is brought to
enforce or interpret the provisions of this
Agreement and services provided herein, the
prevailing party in such action shall be entitled
to all reasonable costs to include attorney
fees.
10.
Severability: In the event that any term or
provision of this Agreement is held by a court
of competent jurisdiction to be illegal, unenforceable
or invalid in whole or in part for any reason,
the remaining provisions of this Agreement
shall remain in full force and effect.
11.
Acceptable Use Policy: This Acceptable Use
Policy specifies certain actions prohibited
by spaceregister for users of the spaceregister
Network. spaceregister reserves the right
to modify this Policy at any time to stay in
compliance with any laws, regulations and security
requirements. By using spaceregister services,
any customer, employee or third party unconditionally
accepts the terms of this policy.
12.
Illegal Use: The spaceregister Network
/ the Network of its providers may be used
only for lawful purposes. Transmission, distribution
or storage of any material in violation of
any applicable law or regulation coming to
or from any unauthorized network or system
is prohibited. This includes, without limitation,
material protected by copyright, trademark,
trade secret or other intellectual property
rights used without proper authorization; government
and military data protected by law and national
security; university and academic data protected
by public policy; and material that is obscene,
defamatory, constitutes an illegal threat,
or violates export control laws. Any violation
of the above, which compromises the integrity
of the spaceregister Network, or any other
network is strictly prohibited.
13.
System And Network Security: Violations of
system or network security are prohibited,
and may result in criminal and civil liability.
spaceregister will investigate incidents
involving such violations and may involve and
cooperate with law enforcement authorities
if a criminal violation is suspected.
14.
Email: Sending unsolicited mail messages, including,
without limitation, commercial advertising
and informational announcements, is explicitly
prohibited. A user shall not use another site's
mail server to relay mail without the express
permission of the site owner.
15.
Usenet: Posting the same or similar message
to one or more newsgroups (excessive cross-posting
or multiple-posting, also known as "SPAM")
is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF A spaceregister CUSTOMER
OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY
BY SUCH CUSTOMER OR END USER.
For Example: If you are hosting a bulk email site on spaceregister
servers and you use another ISP to SPAM from in order to reference your
spaceregister site by IP address or domain name, you are violating
spaceregister policy and possibly the law. If you have been granted
telnet access to spaceregister servers, multiple telnet log-ons are
strictly prohibited and you must come from a valid IP address. Forgery
is against the law. Any type of denial of service attack from
valid
or invalid addresses is a violation of spaceregister
security policy and against the law. If you
have been granted password privileges for FTP
or telnet, sharing your password with an unauthorized
user or third party is strictly prohibited.
16.
Illegal Use And Abuse: Complaints regarding
illegal Use or System or Network Security issues
should be sent to network@spaceregister.
Complaints regarding email abuse should be
sent to abuse@spaceregister. Complaints
regarding USENET abuse or SPAM should be sent
to abuse@spaceregister
17.
Adult Content And Spamming: spaceregister
will also not tolerate any adult material or
spamming and both infringements shall result
in immediate termination and removal of the
site without a refund or warning.
18.
Preliminaries: spaceregister is not an
ICANN accredited registrar of domain names.
The services offered are through the reseller
accounts that we hold with various registrars
or through agencies in case we do not hold
a valid reseller account. The choice of registrar
is left to the customer and spaceregister
holds the prerogative of accepting or rejecting
an order for registration or renewal.
19.
Rights to a Domain Name: If spaceregister
shall acquire an Internet Domain Name on behalf
of Customer, then in such case Customer hereby
waives any and all claims which it may have
against spaceregister, for any loss, damage,
claim or expense arising out of or in relation
to the registration/ renewal of such Domain
Name in any on-line or off-line network directories,
membership lists or registration lists, or
the release of the Domain Name from such directories
or lists following the termination of the providing
of this service by spaceregister for any
reason. We cannot and do not check to see whether
a domain name you select, or whatever use you
make of a domain name, infringes the legal
rights of others. We urge you to investigate
whether a domain name you select may infringe
legal rights of others, and we urge you seek
the advice of competent counsel for this purpose.
You should consider seeking one or more trademark
registrations in connection with your domain
name. Also, it is possible that we might at
some time be ordered by a court to cancel,
modify, or transfer your domain name. If we
are sued or threatened with lawsuit in connection
with the registration of your domain name,
we may, at our discretion, turn to you to hold
us harmless and indemnify us.
20.
Safeguarding Your Account: In order to change
any of your account information with us, you
must use your Account Identifier and Password
that you selected when you opened your account
with us. Please safeguard your Account Identifier
and Password from any unauthorized use. In
no event will we be liable for the unauthorized
use or misuse of your Account Identifier or
Password.
21.
Right of Refusal: We, in our sole discretion,
reserve the right to refuse to register, renew,
reserve, or transfer your chosen domain name,
or provide you with other services, or cancel
or suspend the registration of your domain
name within thirty (30) calendar days from
receipt of your payment for such services.
In the event we do not register, renew, reserve,
or transfer your domain name or provide you
with other Services, or we cancel or suspend
your domain name or other services within such
thirty (30) calendar day period, we agree to
refund your applicable fees. You agree that
we shall not be liable to you for loss or damages
that may result from our refusal to register,
renew, reserve, or transfer your domain name;
from our cancellation or suspension of the
registration of your domain name; or from our
refusal to provide you with other services.
22.
Infancy: You attest that you are of legal age
in your domicile to enter into this Agreement.
In the event that you are not of such age,
then we are authorized, at our discretion to
terminate this agreement and to cancel the
registration of your domain names.
23.
BACKUP OF DATA: Your use of the service is
at your sole risk. spaceregister 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 spaceregister servers. Clients will
be solely responsible for the file and data
backup. At no point of time spaceregister
will be responsible for any files and data
losses.
24.
Acceptance: YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER
OF spaceregister AND ARE NOT RELYING ON
ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
25.
INTERACTION WITH spaceregister STAFF: Any
threat, vulgar language or harassment directed
at any spaceregister staff member through
phone or email may result in immediate termination
of an account. Any violation of this policy
by any employee, contractor or third party
programmer of spaceregister should be reported
immediately.
26.
PRIOR AGREEMENTS: This agreement supersedes
any written, electronic, or oral communication
you may have had with spaceregister or
any agent or representative thereof, and constitutes
the complete and total agreement between the
parties.
27.
Collection Procedures: Your account becomes
overdue 3 days after the due date on the invoice.
Should your account become overdue, you will
receive a reminder via e-mail that we have
not received your payment. If your account
becomes more than 10 days past due your service
will be suspended. If your account becomes
more that 60 days past due, your data will
be removed from the servers and your account
will be referred to our collection agency.
28.
Modifications to Agreement:
You
agree that, during the period of this Agreement,
we may:
revise the terms and conditions of this Agreement; and
change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or any change to services on our
web site.
You
agree to review our web site, including this
Agreement, periodically to apprise yourself
of any such revisions or changes.
-DISCLAIMER-
spaceregister
cannot be held liable for system downtime,
crashes, or data loss. We cannot be held liable
for any predicted estimate of profits in which
a client would have gained if their site was
functioning. Certain services provided by spaceregister
are resold. Thus, certain equipment, routing,
software, and programming used by spaceregister.
are not directly owned or written by spaceregister.
Moreover, spaceregister holds no responsibility
for the use of our client’s acounts. If any
terms or conditions are failed to be followed,the
account in question will be automatically deactivated.We
reserve the right to edit these policies without
advance notice and reserve the right to remove
any account without advanced notice for any
reason spaceregister sees fit.
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