These Terms of Service (the "Agreement") are an agreement between you ("User" or "you" or "your") with "Sacnet el salvador Corp" , unless you are a User in India. For all Indian Users, this is an Agreement between you and Endurance International Group (India) Private Limited, an Indian corporation. For all customers outside of India, "Company", "we", "us" or "our" shall refer to "Sacnet el salvador Corp", and for all customers in India, the same shall refer to Endurance International Group ( India) Private limited.
This Agreement sets forth the general terms and conditions of your use of the products and services made available by us and on our website (collectively, the "Services").
Additional Policies and Agreements.
- Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies.
- Acceptable Use Policy.
- Copyright Infringement Policy.
- Data request policy.
- Notice of Privacy.
- Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference, as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and are incorporated into this Agreement.
By registering or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by anyone under the age of eighteen (18) is unauthorized and is a violation of this Agreement.
- If you are using the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current and complete information on the registration forms, including an email address that is different from the domain under which you are registering.
- If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file.
- It is your responsibility to ensure that your account contact information, including domain accounts, is accurate, correct, and complete at all times.
- We are not responsible for any lapses in the Services, including, but not limited to, expired domain registrations due to outdated contact information associated with the domain.
- If you need to verify or change your contact information, please contact our sales team by email or update your contact information through our billing and support system.
- Providing false contact information of any kind may result in the termination of your account.
- For dedicated server purchases or in some other cases, you may be required to provide a government-issued ID and possibly a scan of the credit card used for verification purposes.
- Failure to provide the requested information may result in the denial of your request.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account.
- It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- company content
- Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Company Content"), are the exclusive property of Company or Company's licensors.
- The Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part. , other than as expressly permitted in this Agreement.
- You may not, directly or indirectly, reverse engineer, decompile, disassemble, or attempt to derive the source code or other trade secrets of any Company Content.
- Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content.
- All rights to use the Company Content not expressly granted in this Agreement are reserved by the Company and the Company's licensors.
You may upload, store, publish, display and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for all User Content and for any transactions or other activities that occur on or through the User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content will not infringe or violate the rights of any third party. Solely for the purpose of providing the Services, you grant the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, extract (in whole or in part), post and distribute User Content; and (ii) make backup or archival copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. Solely for the purpose of providing the Services, you grant the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, extract (in whole or in part), post and distribute User Content; and (ii) make backup or archival copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. Solely for the purpose of providing the Services, you grant the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, extract (in whole or in part), post and distribute User Content; and (ii) make backup or archival copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. translate, extract (in whole or in part), publish and distribute User Content; and (ii) make backup or archival copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. translate, extract (in whole or in part), publish and distribute User Content; and (ii) make backup or archival copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
We have no control over, and accept no responsibility for, User Content or the content of any information that passes through our computers, network hubs and points of presence, or the Internet. We do not monitor user content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including, without limitation, removing all or any portion of the User Content or User Websites, and suspend or cancel any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action we may take.
The Services do not comply with the US Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store or transmit through our Services. We specifically disclaim any representation or warranty that the Services, as offered, are HIPAA compliant. Users who require secure storage of "Protected Health Information", as defined in HIPAA, are expressly prohibited from using this Service for such purposes. Storing and allowing access to “Protected Health Information” is a material violation of this Agreement and is grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that the Company is not a business associate, subcontractor or agent of yours under HIPAA. If you have questions about the security of your data, please contact us by phone or chat. subcontractor or agent of yours under HIPAA. If you have questions about the security of your data, please contact us by phone or chat. subcontractor or agent of yours under HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Payment Card Industry Security Standard Disclaimer.
We comply with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your user website. We do not monitor user websites for compliance and therefore cannot verify whether any user website is PCI compliant.
Certain services; 404 error page.
In the event that you do not configure a 404 error page, the Company will configure a default 404 error page to appear in the event that an Internet user enters a URL related to your domain but for which there is no associated file. By not setting up a 404 error page, you consent and authorize the Company to place a default 404 error page and its associated content on your website. The Company's 404 error page may contain advertisements and other materials selected by the Company in its sole discretion. This may include, but is not limited to, third party websites, third party product and service offerings, and/or Internet search engines. You can change the 404 error page settings at any time.
Third party products and services.
Third Party Providers.
We may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Third party discounts, promotions and special offers may be subject to additional restrictions and limitations by the third party provider. You must confirm the terms of any purchase and use of goods or services with the specific third party provider with whom you are dealing. Please see Appendix A for links to the terms and conditions of certain third-party providers. Appendix A is a representative list and not a complete list of goods or services offered by third party providers.
The Company makes no representations or warranties regarding, and is not responsible for, the quality, availability, or timeliness of any goods or services provided by a third party provider. You conduct all transactions with these third-party providers at your own risk. We do not guarantee the accuracy or completeness of any information related to third-party providers. The Company is not an agent, representative, fiduciary or trustee of you or the third party provider in any transaction.
The company as a reseller or sub-licensee.
We may act as resellers or sub-licensors of certain third-party services, hardware, software, and equipment used in connection with the Services ("Resold Products"). We will not be responsible for any changes to the Services that render the Resold Products obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defect in Products resold, whether sold, sublicensed, or provided by us, shall not be deemed a breach of Company's obligations under this Agreement. Any right or remedy you may have with respect to ownership, license, the performance or fulfillment of any Resold Product is limited to the rights granted to you by the manufacturer of such Resold Product. You have the right to use any Resold Product supplied by us only in connection with your use of the Services as permitted in this Agreement. You shall not make any attempt to copy, alter, reverse engineer, or otherwise alter such Resold Product or otherwise use it other than in connection with the Services. You may not resell, transfer, export or re-export any Resold Product, or any technical data derived from it, in violation of any applicable law, rule or regulation. You have the right to use any Resold Product supplied by us only in connection with your use of the Services as permitted in this Agreement. You shall not make any attempt to copy, alter, reverse engineer, or otherwise alter such Resold Product or otherwise use it other than in connection with the Services. You may not resell, transfer, export or re-export any Resold Product, or any technical data derived from it, in violation of any applicable law, rule or regulation. You have the right to use any Resold Product supplied by us only in connection with your use of the Services as permitted in this Agreement. You shall not make any attempt to copy, alter, reverse engineer, or otherwise alter such Resold Product or otherwise use it other than in connection with the Services. You may not resell, transfer, export or re-export any Resold Product, or any technical data derived from it, in violation of any applicable law, rule or regulation.
Third Party Websites.
The Services may contain links to other websites that are not owned or controlled by us ("Third Party Sites"), as well as articles, photographs, text, graphics, images, designs, sound, video, information and other content or elements. belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored, or verified by us for accuracy, appropriateness, or completeness. If you decide to access Third Party Sites or access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Prohibited Persons (Countries, Entities and Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, the Treasury Department's Office of Foreign Assets Control ("OFAC"), the Department of State and other United States authorities (collectively, “US Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. trade laws. In addition, by using the Services, you represent and warrant that you are not (a) a person, organization, or entity organized or located in a country or territory that is subject to OFAC sanctions (including Cuba, Iran, Syria, North Korea). , or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such person; (c) is otherwise a prohibited party under US trade laws, or (d) engages in nuclear, missile, chemical, or biological weapons activities to which Americans may not contribute without a license from the United States government . Unless otherwise provided with explicit written permission, the Company also does not register and prohibits the use of any of our Services in connection with any Country Code Top Level Domain Name ("ccTLD") for any country or target territory. of OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services. individuals may not contribute without a license from the US government. Unless otherwise provided with explicit written permission, the Company also does not register and prohibits the use of any of our Services in connection with any Domain Name country code top-level ("ccTLD") for whatever country or territory is targeted. of OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services. individuals may not contribute without a license from the US government. Unless otherwise provided with explicit written permission, The Company also does not register and prohibits the use of any of our Services in connection with any Country Code Top Level Domain Name ("ccTLD") for any targeted country or territory. of OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services.
Security of company accounts and systems.
It is your responsibility to ensure that the scripts/programs installed on your account are safe and that the permissions of the directories are set correctly, regardless of the installation method. When possible, set the permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken on their account. This includes the compromise of credentials such as username and password. You must use a strong password. If a weak password is used, your account may be suspended until you agree to use a stronger password. Audits can be performed to prevent weak passwords from being used. If an audit is performed and your password is determined to be weak,
The Services, including all related equipment, networks and network devices, are provided for Customer's authorized use only. We may, but are not required to, monitor our systems, including, but not limited to, to ensure that use is authorized, to help protect against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you agree to monitoring for these purposes.
Any account found connecting to a third party network or system without the third party's authorization is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to demonstrate that your access to a third party network or system is authorized.
Any account found to be compromised may be disabled and/or terminated. If you do not clear your account after we notify you of an ongoing problem, we reserve the right to keep your account disabled. Upon request, we can clean your account for an additional fee.
We reserve the right to migrate your account from one data center to another to comply with applicable data center policies, local law, or for technical or other reasons without notice.
Compatibility with services.
You agree to fully cooperate with us in connection with our provision of the Services. It is your sole responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend on your performance of your obligations, the Company is not responsible for any delay due to your failure to perform your obligations on time.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software we use to provide the Services, which we may change from time to time in our sole discretion.
You are solely responsible for backing up all User Content, including without limitation User Websites. The Company does not guarantee that we will make a backup copy of the User Content, and you accept the risk of loss of all User Content.
Billing and payment information
- Prepayment: It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which the Services are provided. Subject to applicable laws, rules and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
- Auto Renewal: Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not required to bill you, automatically and on a recurring basis to avoid any interruption to your Services. Services, using your credit card, Paypal, or other billing information on file with us.
- Advance Account: If you have a credit balance, we will deduct it from your credit balance when you purchase products or services from us. If the credit balance is insufficient to process the order, the order may not be processed. Any negative balance in the Advance Account will be payable immediately. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without notice.
- Taxes: Fees listed for the Services do not include applicable sales, use, income, excise or other taxes imposed by any taxing authority, unless otherwise provided. All applicable taxes will be added to your bill as a separate charge payable by you. All fees are non-refundable when paid unless otherwise stated.
- Late payment or non-payment: Any outstanding invoice may result in the suspension or termination of the Services. Access to the account will not be restored until payment has been received. You have ten (10) days from the due date to pay the outstanding amount due for a service. After ten (10) days, your service data will be permanently deleted and cannot be restored. If you do not pay the fees as specified herein, we may suspend or terminate your account and pursue collection costs incurred by the Company, including, without limitation, any arbitration and legal fees and reasonable attorneys' fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
- Dedicated Servers: Subject to being reclaimed and all content removed if you fail to make a payment on time. You have five (5) days from the due date to pay the outstanding amount due for a dedicated server. After five (5) days, the data on the dedicated server will be permanently deleted and cannot be restored.
- Domain payments: Domain registrations. Refunds will not be given once a domain is registered.
- Domain renewals: You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for failure to renew a domain or notification of a domain renewal. Refunds will not be given once a domain is renewed.
- Bill Disputes: It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic fund transfers, electronic checks, Paypal, or any other payment method. We may report such misuse or fraudulent use, as we determine in our sole discretion, to government and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies. If you have any questions about a charge on your account, please contact our billing department for assistance.
Price Change: The Company reserves the right to change prices, monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you for any price change. It is your sole responsibility to periodically review the billing information provided by us through the user billing tool or through other communication methods, including notices sent or posted by us.
Coupons: Discounts and coupon codes are reserved for new accounts or new customers only and cannot be used toward the purchase of a domain registration unless otherwise specified. If you have previously registered with a particular domain, you will not be able to re-register for that domain with another coupon at a later date. Our sales department will review any account that violates these policies and appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid for the initial purchase and do not affect the renewal or recurring price.
Money back guarantee
- Dedicated Servers: There are no refunds on dedicated servers. The thirty (30) day money back guarantee does not apply to dedicated servers. Managed shared, VPS and reseller services.
The Company offers a thirty (30) day money back guarantee for shared, VPS and reseller hosting services only. If you are not completely satisfied with these hosting services and cancel your account within thirty (30) days of subscribing to the Services, you will be refunded the full amount paid for the hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for additional products or services. For more information on our refund policy for additional products or services, see the Non-refundable Products and Services section.
Cancellations and refunds
- Refunds: Only new accounts are eligible for a refund. For example, if you previously had an account with us, canceled it and registered again, or opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
- Non-Refundable Products and Services: Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fees (including, but not limited to, administrative fees and/or taxes) on Domain Registrations and transfers, dedicated servers, or products or services. such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock setup fees for custom software and/or any other Company products or services.
- Cancellation process: You can terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the purchased Services until the end of your prepaid term.
Please note that if you have pending orders in your account at the time you cancel your account, we will continue to process those orders as long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill orders, charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to refuse or cancel any order within thirty (30) days of processing. In such case, we will refund the fees charged for the order.
- Termination: We may terminate your access to the Services, in whole or in part, including deletion or seizure of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay the fees due hereunder. to SACNET; (ii) violates the terms and conditions of this Agreement; (iii) your conduct may harm SACNET or others, subject SACNET or others to liability, or disrupt SACNET's business operations (as determined by SACNET in its sole discretion); (iv) is abusive to SACNET staff in any way; or (v) for any other legal reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, SACNET will not refund any fees paid prior to such termination,
UPON TERMINATION OF SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES AND OTHER DATA MAY BE DELETED.
Shared hosting is designed to host most small business personal websites. To support this, we offer unmetered disk space, unmetered bandwidth, and unmetered websites on some of our plans.
CPU, bandwidth and disk usage:
Allowed CPU and disk usage.
All use of the hosting space provided by SACNET is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space will only be used for: (i) web files; (ii) active email; and (iii) content of users' websites.
However, Shared Hosting Space may not be used for any activity not listed above, including but not limited to: (i) storage of media, emails, or other data as determined by Service Providers; or (ii) external electronic file storage, email or FTP servers; (iii) game server; or (iv) store more than 100,000 files; or (v) run MySQL queries for more than 15 seconds; or (vi) use more than 50% of your website's disk space to store emails. Notwithstanding the foregoing, your email storage may not exceed 10 GB of disk space used by your Hosting order, even if it falls within the aforementioned 50% of your website's disk space. or (vii) use more than 5 GB or less according to the offer per database. We expressly reserve the right to review each shared account for excessive use of CPU, disk space, and other resources that may affect stability.
If you violate the foregoing, we may, at our sole discretion, require you to upgrade your package, or switch to a VPS or Dedicated server (depending on which package meets your needs), or terminate access to the Services or remove or remove the User Content from those accounts that violate this Agreement and other policies. Please note that VPS and Dedicated usage will be limited by the resources allocated to the specific plan you purchase.
Bandwidth usage is not metered on shared and cloud hosting services. In addition, specific limits have been mentioned on the services in the product you purchase, including but not limited to shared hosting, cloud hosting, WordPress hosting, VPS, dedicated and email hosting. If we find any website/package/order/customer consuming more than 25% of system resources for more than 90 seconds, which could affect the stability, performance and uptime of our servers, storage and network, we may require you to upgrade your package, or move to a VPS or dedicated server, or we may take steps to restrict bandwidth or other applicable resources for your website/package/order/account.
Reseller conditions and customer responsibility.
- Shared accounts cannot be used to resell web hosting to others. If you want to resell hosting, you must use a reseller account.
- Resellers will ensure that each of their clients, customers, or users ("Reseller Users") complies with this Agreement, including for clarity, Appendix A.
- Resellers are responsible for providing support to reseller users, including but not limited to providing customer service, billing support, and technical support. The Company does not provide support to Reseller Users.
- If a reseller user contacts us, we reserve the right to make a reseller cli. inbound on hold until the reseller can take responsibility for the reseller User.
- All support requests must be made by the reseller on behalf of the Reseller User for security purposes.
- Resellers are also responsible for all content stored or transmitted in their reseller account and for the actions of reseller users. The Company may hold any reseller liable for any of its customers' actions that violate the law or this Agreement.
The Company is not responsible for the acts or omissions of our resellers. Reseller hereby agrees to indemnify Company from and against any and all claims made by any User arising out of Reseller's acts or omissions.
- The Company reserves the right to revise our Reseller Program at any time. Changes will be effective when they are posted online or on such later date as may be established by the Company.
- Resellers in the Company's Reseller Program assume all responsibility for billing and technical support for each of the reseller's Enrolled Users.
Limitation of Liability.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES WITHIN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RIGHT TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREIN WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless the Company, our affiliates and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all from claims, damages, losses, liabilities, lawsuits, actions, suits, proceedings (whether legal or administrative) and expenses (including, without limitation, reasonable attorneys' fees) threatened, asserted or brought by a third party against any of the Parties indemnified arising out of or related to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any act or omission by you. The terms of this section will survive any termination of this Agreement.
Your use of the Services is also governed by the following:
Unless you are located in India, you also hereby agree to the Company's Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here.
Alternatively, if you are located in India, the following provision applies to you:
All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement.
("Dispute") shall be referred to and resolved by arbitration in Mumbai, India, in accordance with the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent that a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party's breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction. , of a court of competent jurisdiction, which will not be subject to this Section. The arbitration tribunal shall be composed of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of the first recommendation for an arbitrator in writing by one party to the other. If the parties fail to agree on the appointment of such arbitrator, then the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall submit a final and binding award(s) within six (6) months after the appointment of the sole arbitrator (jointly appointed by the parties). The parties will use their best efforts to assist the arbitrator(s) in achieving this goal, and the parties agree that this six (6) month period will only be extended in exceptional circumstances, to be determined by the arbitrator(s) in absolute discretion. his discretion. The arbitration award approved by the arbitrator will be final and binding on the parties and will be enforceable in accordance with its terms. The arbitrator shall state the reasons for his or her conclusions in writing. The parties agree to be bound by it and act accordingly. All arbitration costs will be borne equally by the parties.
Company and User are independent contractors and nothing in this Agreement places Company and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or impliedly, or may represent itself as having, authority to enter into contracts or agreements on behalf of the other party, or to bind or bind the other party in any way.
Governing Law; Jurisdiction
Unless you are located in India, any dispute or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on alleged tort, shall be governed by the substantive laws of the Commonwealth. from Massachusetts.
If you are located in India, any dispute or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on alleged tort, shall be governed by the substantive laws of the Republic. from India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Backups and data loss.
Your use of the Services is at your own risk. The Company does not maintain backup copies of dedicated accounts or Services purchased by you. You should not rely on the Company for backup copies. It is your sole responsibility to maintain backup copies. The Company is not responsible for the files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup copies of files and data stored on the Company's servers.
Limited Disclaimer and Warranty.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARITY. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
This Agreement, including policies and documents incorporated 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 matters herein. cutlery.
The headings in this document are for your convenience only and do not form part of this Agreement.
Changes to the Agreement or the Services.
We may change or modify this Agreement at any time. We will post notice of any material changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement will be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications will constitute your acceptance of the modified Agreement. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
If any provision or part of any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions or parts (unless otherwise specified) will remain in full force and effect.
No failure or delay by you or the Company in exercising any right or remedy hereunder shall constitute a waiver thereof, nor shall the sole or partial exercise of any right or remedy preclude any other or subsequent exercise of any right. or resource. No express waiver or assent to any breach or breach of any term or condition of this Agreement by any party hereto shall constitute a waiver or consent to any subsequent breach or breach of the same or any other term. or condition thereof.
- Successors: You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of this Agreement will be null and void and without force or effect. We may assign our rights and obligations under this Agreement, and we may engage subcontractors or agents to perform our duties and exercise our rights hereunder, without User's consent. This Agreement will be binding on and will inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Force Majeure: Neither party is liable for any failure or delay in performance of any of its obligations under this Agreement (other than failure to make payments when due) if such failure or delay is caused, directly or indirectly, by forces beyond the reasonable control of such party. including, but not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, transportation or communication interruptions, supply shortages, or the failure of any third party to make any commitment regarding the production or delivery of any equipment or material necessary for such party to perform its obligations hereunder.
- Third Party Beneficiaries: Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, and nothing herein shall be construed, to confer any rights on any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any provider of a third party product or service 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 with its products or services and shall have the right to directly enforce the terms and conditions of this Agreement with respect to its products or services against the user as if it were a party to this Agreement.
If you purchase a third party product or service from the Company, you agree to these Agreements AND the following terms and conditions of the third party product or service, which are incorporated herein and made a part of this Agreement by reference:
Comodo SSL: https://ssl.comodo.com/terms.php
Core Services Google Apps: https://gsuite.google.co.in/intl/en_in/features/
WordPress: https://en.wordpress.com/tos/ and http://automattic.com/privacy/
This file was last modified on April 08, 2022.