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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.
USER
CONDUCT
Customer
Content:
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.
Prohibited
Activities:
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
other identifying infrmation 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.
NO
WARRANTIES
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.
IDENTIFICATION
INFORMATION
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.
SECURITY
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) 405555. and in writing by
registered mail return receipt requested to Webspiders Interweb
Pvt.Ltd.. 208 laxmi complex , M.I.Road 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.
CONFIDENTIAL
INFORMATION
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 party’s 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.
Exceptions:
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.
PAYMENT
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. You agree that all setup
fees are non-refundable once setup is completed.
All
payments have to be drawn in favour of M/s Webspiders Interweb
Pvt.Ltd..., payable at the location of the office of WIPL
from where the service is bought. WIPL . shall not
be responsible for payments drawn in any other name or location.
Payments
are accepted only in the form of crossed Demand Drafts, Cheques
or thru Credit Cards .
Charges
for all services are payable prior to the beginning of each
service period. Failure to pay in no way relieves the Clients
obligations to make full payment.
WIPL
retains full rights to charge for or alter specifications
or discontinue any of the services/ features offered under the
various schemes at any time, without any prior notice.
It
shall be our endeavor to set-up the server with in 3 working
days of the receipt of completed form along with the payment
(realization). If however, there is a delay for any unforeseen
circumstances, the clients are requested to kindly bear with
us.Additional or customized services are available at extra cost
as applicable and mentioned in the hosting scheme.
You
accept that your account may be temporarily or permanently
suspended without any prior notice or information to you in any
event of non payment from your side for any of WIPL 's services
PRIOR
AGREEMENTS
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.
SEVERABILITY
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.
JURISDICTION
The
laws of the Republic of India shall govern this agreement
In
any event of dispute the area of Jurisdiction would be Jaipur
only.
ACKNOWLEDGEMENT
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.
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