Preliminaries: BSINDIA, is
a Web Presence Provider. The purpose of this Service Agreement
/ Service Contract "the Agreement", "AUP"
"Service Contract" is to specify the terms, conditions,
and obligations which a customer agrees to accept by the his,
her or its conduct of using the Services of bsindia.com for
the registration and renewal of the registration of a domain
name, or by opening an account for any of its services with
bsindia.com for such purpose.
1. Definitions: As used in this Agreement,
the following terms have the following meanings:
(a) "you" ,"your", “customer”
and "Subscriber" refer to each customer, that is,
each person who avails or subscribes for any of Services from
www.bsindia.com
(b) "we," "us,".”BSINDIA”
and "our" refer to BSINDIA (www.bsindia.com)
(c) "Services" refers to the domain services, shared
hosting services, dedicated servers, or provided by us as
offered through bsindia.com .
(d) "Account" means a wholesale account opened with
bsindia.com for the registration of domain names and the payment
for such registrations; and
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 BSINDIA 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 BSINDIA’s servers.
USER CONDUCT
Customer Content:
Customer acknowledges that BSINDIA 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:
- Illegal use: BSINDIA’s services may not be used
for illegal purposes, or in support of illegal activities.
BSINDIA reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
- Harm to minors: Use of the BSINDIA ’s service to
harm, or attempt to harm, minors in any way, including,
but not limited to child pornography.
- Threats: Use of the BSINDIA ’s service to transmit
any material (by email,uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction
of property.
- Harassment: Use of the BSINDIA ’s service to transmit
any material (by e-mail, uploading, posting or otherwise)
that harasses another.
- Fraudulent activity: Use of BSINDIA ’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."
- 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.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the BSINDIA ’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 BSINDIA ’s account.
- 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 BSINDIA ’s
account.
- E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating
or passing through the BSINDIA ’s service is in violation
of this Service Contract.
- Usenet SPAMing: BSINDIA ’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.
- Unauthorized access: Use of the BSINDIA ’s service
to access, or to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate, security measures
of BSINDIA '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.
- Copyright or trademark infringement: Use of the BSINDIA
’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.
- Collection of personal data: Use of the BSINDIA ’s
service to collect, or attempt to collect, personal information
about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the
BSINDIA ’s service for any activity which affects
the ability of other people or systems to use BSINDIA ’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. BSINDIA 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.
- Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that
the person receiving it will act upon it.
- 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.
- 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.
- Inappropriate Use of Software: Use of software or any
device that would facilitate a continued connection, i.e.
pinging, while using BSINDIA ’s services could result
in suspension service.
- Third Party Accountability: BSINDIA ’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
BSINDIA . reserves the right to refuse or discontinue
service to anyone at BSINDIA ’s sole discretion after
giving a notice of 15 days. BSINDIA may deny you access to
all or part of the service without notice if you engage in
any conduct or activities that BSINDIA in its sole discretion
believes violates any of the terms and conditions in this
agreement. BSINDIA 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
BSINDIA . 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.
BSINDIA . 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
BSINDIA 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 BSINDIA
. or its employees shall create a warranty. BSINDIA 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 BSINDIA 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
BSINDIA 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 BSINDIA .'s
servers that such information becomes available to all Internet
users and that BSINDIA .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 BSINDIA .' 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 BSINDIA .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 BSINDIA . 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 BSINDIA
., 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 BSINDIA You agree to abide by any and all future
BSINDIA .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 BSINDIA makes no warranties of any
kind, either express, implied or statutory concerning the
data or information available through the BSINDIA . network.
In no event will BSINDIA 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 BSINDIA
. immediately by telephone at +91 (281) 5541228. and in writing
by registered mail return receipt requested to BSINDIA, #1008,
Shilp Tower, Tagore Marg, Godown Road, Rajkot, India. You
shall be held fully responsible for any misuse or compromise
to your account for which BSINDIA . is not properly notified.
You agree that if any security violations are believed to
have occurred in association with your account, BSINDIA has
the right to suspend access to the account pending an investigation
and resolution. You also agree that BSINDIA 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. BSINDIA 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 BSINDIA . 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, BSINDIA
.’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:
- 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;
- 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;
- Becomes publicly known or otherwise ceases to be secret
or confidential, except through a breach of this Agreement
by the receiving party; or
- 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 BSINDIA 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 BSINDIA..., payable
at the location of the office of BSINDIA from where the service
is bought. BSINDIA . 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.
BSINDIA 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 BSINDIA
's services
PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral
communication you may have had with BSINDIA 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
Rajkot only.
ACKNOWLEDGEMENT
By placing, hiring and continuing to maintain or place information
at BSINDIA .'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. |
