Terms and Conditions of Web Hosting Service Agreement

 

The Provider agrees to provide, and Client agrees to receive, access to the Web Hosting services according to the following terms and conditions:

 

1. Financial Arrangements:

a)     Client agrees to a yearly contract, beginning after Provider's receipt of the completed & signed application form.

b)     Fees for all accounts, plus appiicable setup charges, registration fees, and commissbns, shall be due upon Provider's receipt of the signed application form.

c)     This agreement will automatically renew for successive single yearly periods unless cancelled in writing prior to the yearly renewal date.  Client wiil receive an invoice for charges and payrnent will be due upon receipt.

d)     Provider reserves the right, in its sole discretion, to deactivate the Client's Web Hosting account(s) upon an indication of credit problems including delinquent payments.  Deactivated accounts are subject to a Rs 250.00 reactivation fee.

 

2. Taxes:

a)     Provider shall not be liable for any taxes or other fees to b epaid in accordance iwth or related to purchases made from Client or Client’s use of Web Server.

b)     Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

 

3. Service and Products:

a)     THE PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILLITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES, ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

b)     Client will use the Web Hosting services in a manner consistent with any and all applicable laws of the Republic of Mauritius and its territories.

c)     Use of any information obtained by way of Provider is at Client’s own risk, and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.

d)     Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth.

e)     Provider is not responsible for any damages arising frorn Client's use of Provider or by Client's inability to use the Web Hosting services for any reason. 

f)       While Provider shall make every reasonable effort to protect data stored on Client's Server(s), Provider is not responsible for Client's data, files, or directories residing on Provider's equiprnent.  Client is solely responsible for maintaining data, file, and directory structure back-ups.

      

4.  Trademarks and Copyrights.

a)     Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provide’s promotion of, referencing of, cataloging of, or indexing of Provider’s Web Hosting clients.

b)     CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL.

 

5. Hardware, Equipment and Software:

a)     Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Internet and Provider's services.

b)     Client is responsible for all costs to access the Internet and Provider’s services.

c)     Provider makes no representations, warranties or assurances that Client's equipment will be compatible with Provider's services.

 

6. Age:

Client certifies that he or she is at least 18 years of age and has the necessary authorization to apply for Provider's Web Hosting services.

 

7. Internet Etiquette:

a)     Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution.  The network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Provider.

b)     All rnessages (including and not limited to electronic mail, Internet Relay Chat, ICQ, Netscape Messenger, AO L Messenger, MSN Messenger, Yahoo! Messenger, etc.) transmitted via Provider's service should correctly identify the sender; users may not alter the attribution of origin in electronic rnaii messages or posting.

c)     Users must not atternpt to undermine the security or integrity of computing systems or networks and must not atternpt to gain unauthorized access.

d)     Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Provider or its customers may utilize. 

e)     Use of distribution lists (aka mailing lists) via unsolicited electronic rnail or other electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Web Hosting account(s) upon indication of such activity.  Client hereby agrees to indenmify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Web Hosting account(s).

 

8. Termination:

 

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.  Notwithstanding the above, Provider may terminate service under this Agreement at any tirne, without penalty, if Client fails to comply with the terms of this agreement.

 

9. Limited Liability:

a)     Client expressly agrees that use of Provider’s service is at Client’s sole risk.  Provider, its employees, affiliates, agents, third party information providers, merchants, licensors, or the like, warrant that Provider's Web Hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Provider's Web Hosting service, unless otherwise expressly stated in this Agreement.

b)     CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THOUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE HOST SERVER(S).  ABUSIVE AND UNETHICAL MATERIALS AND USES AY INCLUDE, BUT ARE NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF FPRIVACY, COMPTUER VIRUSES, ANY HARASSING ANDHARMUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AN ANY INFRINGEMENT OF PRIVACY OR LIBEL.

c)     Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from Client's publication of material or use of those materials.  Provider may or may not give notice before deactivating the use of an account(s), which the Provider decides, is an abusive or unethical use of, or a potentially illegal use of the Web Hosting account(s) or host server(s).  Client hereby agrees to indemnify and hold harmless the Provider for any claim resulting from the submission of illegal materials.

d)     Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result frorn the use of or inability to use the Provider's Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of perforrnance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Web Hosting services.

e)     Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate Mauritian Rupee amount which Client paid to the Provider for Hosting Service during the term of this Agreement and any reasonable attorney's fee and court costs.

 

10. Indemnification:

a)     Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns.

b)     Client agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of :

(i)    any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider’s Web Hosting service

(ii)   any material supplied by Client infringing on the proprietary rights of a third party

(iii) copyright infringernent and

(iv)any defective product which Client sold using Provider's Web Hosting service.

 

11. Contract Revisions:

Revisions to these terms and conditions will be considered agreed to by Client on renewal of Provider's Web Hosting services as specified in Section 1(c).

 

12. Value Added Reselling:

a)     Client is not allowed to advertise, rnarket or resell the storage and transfer services provided by Provider unless expressly agreed upon in writing between the Provider and Client.

b)     Provider will take reasonable steps to avoid direct marketing of Provider's Web Hosting services to Client's third party custorners.  However, Provider is not liable in any way for Client's loss of business that may result from Provider's direct or indirect marketing, service or sales to the customers of Provider's clients.

 

13. Entire Understanding:

a)     The agreernent contained in this Contract constitutes the sole agreement between Provider and Client regarding Provider's Web Hosting service.

b)     This agreement becomes effective by Client's submission of a completed and signed application form for Domain Name Registration and Web Hosting.

c)     This Agreement shall be governed and construed in accordance with the laws of the Republic of Mauritius and its territories.