indialinks

Legal

Master Service Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE IN RELATION TO THE SERVICES PROVIDED BY INDIALINKS. BY ACCESSING AND USING INDIALINKS WEBSITES AND THE SERVICES OFFERED BY INDIALINK YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THE TERMS OF SERVICE APPLY TO YOUR USE OF INDIALINKS WEBSITES AS WELL AS TO THE SERVICES AVAILED THROUGH INDIALINKS.

IN USING OR ACCESSING INDIALINKS WEBSITES OR AVAILING ANY SERVICE OFFERED BY INDIALINKS (ONLINE OR OFFLINE) YOU ARE DEEMED TO HAVE READ CAREFULLY AND AGREED TO THESE TERMS OF SERVICE :

Agreement

This Terms of Services ('TOS') is entered into between IndiaLinks Web Hosting Pvt Ltd ("IndiaLinks / We / Us") and You (hereinafter referred to as "Customer / You / Your") for setting forth the terms and conditions governing Your use of websites and customer portals operated by IndiaLinks (including, but not limited to www.indialinks.com, www.domainsrs.com, www.ilxmail.com and my.indialinks.com) (hereinafter referred to as "Parent Websites") and the availing by You of the services offered by IndiaLinks. The TOS are in addition and not in lieu of any specific terms and conditions that apply to the particular services You avail of from IndiaLinks, as well as to the IndiaLinks' policies found at the link http://www.IndiaLinks.com/legal/ which are deemed incorporated in the TOS by reference (the TOS together with Policies are collectively referred to as the "Agreement").

It is hereby agreed as follows :

1.  Eligibility

1.1  You may use Parent Websites and the Services (as defined below) offered by IndiaLinks only if you :

1.1.1  are atleast 18 years of age;

1.1.2  are eligible to form a binding contract with us;

1.1.3  are not a person barred from contracting under the applicable laws or directions of any governmental authority.

1.2  If You are availing the Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the terms of this Agreement. In such a case, the terms "You" or "Your" or "Customer" shall refer to the corporate or other legal entity represented by You. If you do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable for all the obligations contained in this Agreement, including, the payment obligations towards IndiaLinks.

2.  REGISTRATION

2.1  For availing any Service(s) (as defined below), You have to register with Us the first time you avail a Service, by creating an account ("Account"). You also need to fill the New Account Sign Up Form ("Signup Form") that is available on IndiaLinks website at the http://www.indialinks.com/myaccount/login.php

Any subsequent or new Service can be availed by placing an order through Parent Websites or Customer Portal (you need not open a new Account again) using your account credentials.

2.2  You understand that provision of any of the Service(s) is subject to IndiaLinks' acceptance of order. You agree (i) to provide IndiaLinks with true, accurate, current and complete information as requested for in the Form (such information being the "Registration Data"/ "RD"); and (ii) to maintain and promptly update the RD to keep it true, accurate, current and complete at all times. If You want to update Your RD or suspect an error in the RD information provided to IndiaLinks, You should immediately approach IndiaLinks to correct the error or update the RD by submitting profile form ("Profile Form") through IndiaLinks Customer Portal.

2.3  Upon completion of registration, We will provide You with a customer ID as well as a password ("Log-in Details") using which, You will be able to access Your Account with us. Details of all the Services ordered by You, payments made for the Services, WebRewards points etc shall be accessible from your Account.

2.4  IndiaLinks reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account if it has reasons to believe that Your RD is false, inaccurate or incomplete in any aspect.

2.5  IndiaLinks urges you to be vigilant about the activities on Your Account. You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information and Log-in Details secure at all times. IndiaLinks recommends that You change Your password at periodic internals for security reasons. If You suspect any unauthorized use of your Account/Log-in Details, You should inform IndiaLinks immediately. IndiaLinks will not be liable for any loss that You may incur due to any unauthorized use of Your Account. However, You may be required to make good any loss that IndiaLinks or others may incur because of use Your Account, whether authorized by You or otherwise.

2.6  You are required to maintain the records relating to Your dealings with IndiaLinks during the term of this Agreement and for three years thereafter.

3.  Services

3.1  IndiaLinks offers following services :

(a)  Web Hosting Services

(b)  Domain Name Registration Services

(c)  Email Hosting Services

(d)  Web and Email Forwarding

(e)  Managed DNS Services

(f)  SSL Certificates

(g)  Dedicated Hosting

(h)  Cloud Hosting

(individually referred to as "Service" and collectively as "Services")

3.3 You can avail any and all the Services by accessing Parent Websites and paying the requisite fee for the Services. All orders, support requests, requests for any changes to the Service(s), changes in the billing information, change in your physical address or e-mail address, any information or detail shall be communicated by You to IndiaLinks via the tools available at the Customer Portal.

3.4  While providing the Services, IndiaLinks reserves the right to:

3.4.1  introduce, increase, reduce or abolish any fee for any or all the Services provided by it from time to time;

3.4.2  introduce any new Services at any time without the obligation to notify you;

3.4.3  alter the way any of the Services are offered to you without any obligation to notify you;

3.4.4  temporarily or permanently stop any of the Services at any time without the obligation to notify you;

3.4.5  deny You access to the Service, including or any portion thereof, without any prior notice. Reasons for the refusal may or may not be given in writing by IndiaLinks;

3.4.6  take appropriate actions, including suspension of your access to the Account or the Services or the termination of Services, where IndiaLinks reasonably suspects or is made aware that Parent Websites, Account or Services are being used in a manner that is in breach of the Agreement or applicable laws.

3.5  You agree that in case IndiaLinks receives any kind of intimation that Your email(s) or website(s) or the services availed by you are resulting or are likely to result in the overloading of the server and/or infrastructure or create any sort of problems, IndiaLinks may temporarily or permanently disable the related website(s)/Accounts without any liability to You in any manner whatsoever. Further, IndiaLinks may also suspend or terminate the Services offered to You, including suspending or terminating access to Your Account as well as Your websites, if IndiaLinks receives any complaint of any nature in respect of your website(s) or the services offered by You through Your website.

3.6  At times, Parent Websites or any Services offered by IndiaLinks may not be available owing to upkeep and maintenance or for reasons beyond IndiaLinks' control, because of which access to Parent Websites or some of the Services may be interrupted. You agree that IndiaLinks is not bound to give you any prior intimation or is liable to you for such interruption of Services.

3.7  You agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove contents created, uploaded, hosted, processed or transferred in connection with the Services availed by You.

4.  TERM AND RENEWALS

4.1  Initial Term

4.1.1  Unless indicated otherwise, each Service shall be provided to You for a period of one (1) year ("Initial Term"). The Agreement shall continue in perpetuity unless terminated by IndiaLinks.

4.2  Renewal :

4.2.1  If you wish to continue availing the Service after the Initial Term, You should periodically renew the Service by paying the requisite fee. The payment for the renewal should be done at the time of the confirmation of the renewal of the Service.

4.2.2  If the payments for the renewal is not received timely or renewal is not confirmed (via IndiaLinks Customer Portal or email), IndiaLinks has the right to disable/suspend the Services. If you are a reseller, IndiaLinks may contact the end user for direct renewal.

5.  PAYMENT OF FEES AND TAXES

5.1  Each time You avail of any Service from IndiaLinks, You agree to pay the fees due for the Service(s) at the time You order the Service(s). The Service(s) will commence only once we receive the payment in full from You. Payments will be considered fully paid when You make the payment to via any of our prescribed method(s) and IndiaLinks acknowledges the receipt of the payments.

5.2  The fees paid by you will not be refunded, even if Your Services are suspended, terminated, or transferred prior to the end of the Service(s) term.

5.3  In the event of You paying an amount in excess of the fees due for a Service availed by You, IndiaLinks will credit such excess amount to Your Account, for Your use for a future Service. Such a credit balance will be available in your Account for a period of one (1) year from the date of credit. If You fail to use the said amount within the aforesaid period, the credit balance will automatically lapse.

5.4  IndiaLinks expressly reserves the right to change or modify its prices and fees for Services at any time, with immediate effect. Your continued use of the Services will signify your consent to the amended fees and You will be invoiced in accordance with such amended fees in your next billing cycle.

5.5  If the payment is made via a Credit Card or the payment instrument sent by You bounces due to lack of funds or any other reason, then :

5.5.1  IndiaLinks may immediately suspend Your access to Account;

5.5.2  IndiaLinks has the right to terminate this Agreement with immediate effect and without any notice;

5.5.3  IndiaLinks may, in its sole discretion, delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Services taken by You as well as stop / suspend / delete / transfer any Services that may be processed;

5.5.4  IndiaLinks may, in its sole discretion, transfer all Services taken by You to any other third party as desired by IndiaLinks;

5.5.5  IndiaLinks may, in its sole discretion, levy reasonable additional charges for the processing of the charge-back / payment reversal as a penalty, which costs will be in addition to actual charges for the processing of the charge-back / payment reversal;

5.5.6  IndiaLinks shall have the right to initiate any legal proceedings against You to recover any such liabilities.

5.6  All applicable sales, services, transfer or other indirect taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed in relation to the Services shall be borne by You. You shall reimburse IndiaLinks for the amount of any such taxes or duty paid or accrued directly by IndiaLinks as a result of the transaction.

6. WEBREWARDS PROGRAM

IndiaLinks may offer loyalty program on time to time basis. You agree that, IndiaLinks reserves right to modify terms of the program or discontinue the program without giving any prior notice to You.

7.  USER CONDUCT

7.1  You agree to use Parent Websites and Services only for lawful purposes. Further, You agree not to take any action that might compromise the security of Parent Websites or the Services, or render Parent Websites or Services inaccessible to others or otherwise cause damage to Parent Websites or Services. You agree not to add to, subtract from, or otherwise modify Parent Websites or to attempt to access any Services or to use Parent Websites or the Services in any manner that might interfere with the rights of third parties. IndiaLinks reserves the right to monitor your use of Parent Websites as well as the services offered by you by use of the Services availed from IndiaLinks.

7.2  Use of Parent Websites and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this paragraph.

7.3  While using Parent Websites or the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information that :

(a)  belongs to another person and to which you don't have any right;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) infringes any intellectual property rights of any third party;

(f) violates any law for the time being in force;

(g) deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

(h) use Parent Websites or Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;

(i) impersonate another person;

(j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(k) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

(l) engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;

(m) reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit Parent Websites or Services offered by IndiaLinks for any commercial purpose without express written consent of IndiaLinks or as permitted by the Agreement;

(n) store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to IndiaLinks' discretion;

(o) attacks or attempt to gain unauthorized access to servers and services that belong to IndiaLinks or its customers (i.e. computer hacking) or engage in anynetwork abuse;

(p) participate in a behavior which affect IndiaLinks network or other customers' access to the IndiaLinks network.

7.4  You agree that you will not use Services availed by you for Voice Communication or Internet Telephony Services.

7.5  You agree that in the event of any infringement or violation of any of the terms of the Agreement, You will be required to take remedial actions within a period of thirty six (36) hours from being notified of the same. By using Parent Websites and/or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of Parent Websites and/or Services in any jurisdiction. IndiaLinks reserves the right to take appropriate action, including suspension or termination of your Account as well as Services if IndiaLinks has reasonable grounds to believe or is made aware that You are using the Parent Websites or the Services in a manner that is in breach of the Agreement or applicable laws. In addition, you agree, unconditionally, to indemnify IndiaLinks from any liability or cost arising from any action or inaction by you with respect to your use of Parent Websites or Services.

8.  PRIVACY

IndiaLinks is committed to protecting Your privacy. In the course of using Parent Websites or availing the Services, IndiaLinks may become privy to Your personal information, including information that is of a confidential nature not limited to your banking details and pan card and may need to share such information with third parties (within India or abroad). Please refer to our Privacy Policy  (http://www.indialinks.com/legal/privacy_statement.php) to understand the nature of information collected by us, the manner in which the information so collected is used and the security mechanisms we use to protect your information. Apart from this TOS, You agree to be bound by the Privacy Policy.

9.  INTELLECTUAL PROPERTY RIGHTS

9.1  IndiaLinks respects the intellectual property rights of others, and we request our visitors and users to do the same. Parent Websites and the Services are protected by applicable intellectual property laws and international treaties.

9.2  Except as permitted under the Agreement or unless expressly authorized by IndiaLinks, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of Parent Websites or Services, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall abide by the terms of the Agreement while using Parent Websites or Services. Any other use is prohibited and will constitute an infringement of the proprietary rights of IndiaLinks.

9.3  In addition to the above, You acknowledge, agree and represent that the websites you host by availing Service from IndiaLinks, and all the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material/information contained or made available on Your website(s) or by any other means using Services availed by you ("Content") is owned by You and is protected by copyrights, trademarks, service marks, patents or other relevant laws and that You shall not infringe upon the intellectual property rights of any third party while using/hosting such Content. In the event of You infringing upon the intellectual property rights of any third party, You shall be solely responsible for such infringement and IndiaLinks shall have no responsibility with respect to Your acts or activities, in any manner whatsoever.

10.  SPAM

10.1  IndiaLinks does not allow spamming, Unsolicited Commercial Email ("UCE") and Unsolicited Bulk Email ("UBE"). If IndiaLinks believes that You are using the Services for Spamming, Unsolicited Commercial Email or Unsolicited Bulk Email, IndiaLinks will have the right to suspend your Services offered to You immediately and may, in its discretion, even terminate your Account. In such a case, IndiaLinks will not be liable to refund the service fee (or any part thereof) to You.

10.A  Migration;

10.1  Migration of Servers : You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers and/or infrastructure. As a result, even if you have a dedicated IP, you may be assigned a different IP address. We do not guarantee that you will be able to consistently maintain your given IP addresses.

10.B  Backups

You acknowledge and agree that IndiaLinks reserves right to take backup copies of Your website files, emails, databases and any other data created, uploaded, processed or transferred in connection with the Services availed by You (hereinafter referred to as "Your Contents") and store on a temporary basis for disaster recovery purposes.

IndiaLinks do not guarantee the existence, accuracy or completeness of any backups.

Further, IndiaLinks do not guarantee that Your Contents will never get deleted or corrupted, or that a backup of Your Contents will be available. You are solely responsible for maintaining offline backups of Your Contents at regular intervals.

At no point of time will IndiaLinks be responsible for data loss due to the suspension/termination of your Services, data corruption, server/infrastructure/drive failures or otherwise.

11.  LINKS TO THIRD PARTY WEBSITE

11.1.  Parent Websites may contain advertisements, sponsorship and promotional material of third parties. IndiaLinks does not endorse the content on any third-party websites, which could be accessed from Parent Websites or by use of the Services. Your use of third-party websites is entirely at Your own risk and subject to the terms and conditions of use for such websites. IndiaLinks is also not responsible for an error or inaccuracy in the advertising or promotional material available on such third party websites. You may enter into correspondence with or participate in promotions of the advertisers showcasing their products or services on Parent Websites or through the Services. However, IndiaLinks is not responsible for the goods or services, terms, conditions, warranties or conditions of such advertisers. The agreement or understanding between You and such advertiser solely governs Your relationship with such advertiser and IndiaLinks shall not be held liable or responsible with respect to Your relationship with such advertiser.

11.2  You acknowledge that any material, information and/or data downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk, responsibility and liability. You will be solely responsible for any damage to Your computer / computer system or loss of data that results from the download of such material and/or data.

12. DISCLAIMER

INDIALINKS DISCLAIMS ANY REPRESENTATION AND WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF (I) PARENT WEBSITES; (II) SERVICES OFFERED BY INDIALINKS; (III) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS PROVIDED ON PARENT WEBSITES OR THROUGH THE SERVICES; (IV) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH PARENT WEBSITES, LINKS OR SERVICES.

YOUR USE OF PARENT WEBSITES AND SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. PARENT WEBSITES INCLUDING THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS BASIS WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDIALINKS MAKES NO WARRANTY OR REPRESENTATION THAT: (A) PARENT WEBSITES OR SERVICES OR SERVER OR INFRASTRCTURE THAT MAY BE USED BY INDIALINKS WILL BE UNINTERRUPTED, TIMELY, SECURE, PROBLEM-FREE, VIRUS FREE OR ERROR-FREE; (B) THE SERVICES THAT MAY BE OBTAINED FROM THE INDIALINKS WILL BE RELIABLE; (C) THE QUALITY OF ANY SERVICES AVAILABLE FROM INDIALINKS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN PARENT WEBSITES OR SERVICES WILL BE CORRECTED.

IN ADDITION, INDIALINKS WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS, CLAIM, EXPENSE OR COSTS IN RELATION TO ANY UNAUTHORIZED USE OF YOUR DEBIT OR CREDIT CARD OR ANY MISAPPROPRIATION OF PAYMENTS DUE TO USE OF ANY SERVICE OR PARENT WEBSITES.

13.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, INDIALINKS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, REMOTE, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH PARENT WEBSITES OR THE SERVICES, EVEN IF INDIALINKS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO : (a) THE USE OF OR THE INABILITY TO USE PARENT WEBSITES OR SERVICES; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PARENT WEBSITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

IN ANY EVENT INDIALINKS LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU AS SERVICE FEE FOR USE OF SERVICE AVAILAED FROM INDIALINKS.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

14.  INDEMNIFICATION

14.1  You hereby indemnify and hold harmless IndiaLinks and its officers, directors, employees, and agents, from and against any and all claims, demands, actions, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorney's fees), made by any third party and imposed upon or incurred by IndiaLinks, directly or indirectly, due to or arising out of : (a) Your use of Parent Websites and/or Services; (b) violation of the Agreement or the Policies which are referred to in this Agreement; and / or (c) Your violation of any third-party rights, including but not limited to intellectual property rights.

14.2  Your obligation to indemnify IndiaLinks as per this clause shall survive any termination or expiration of the Agreement.

15.  SUSPENSION/TERMINATION OF USE

15.1  In addition to the other grounds of suspension or termination of Services set out in the TOS, IndiaLinks has the right to terminate the Services in the following instances :

15.1.1  IndiaLinks may, in its discretion, at any point of time, with or without sufficient cause, either temporarily or indefinitely suspend your Account or terminate Your access to the Service or any part thereof without waiving any other rights;

15.1.2  If you use IndiaLinks' Services for any activity which is against the terms of the Agreement or applicable laws;

15.1.3  If there is any third party intellectual property claim against IndiaLinks in relation to the Services availed by You;

15.1.4  You have not made the payments towards Services (including renewal fees) on a timely basis;

15.1.5  If any information provided by You is untrue, inaccurate, not current or incomplete, or IndiaLinks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;

15.1.6  If you use IndiaLinks' Services for any activity that could adversely affect IndiaLinks in or its Services in any way;

15.1.7  If required by law enforcement and/or other agencies. In such a case, You shall be responsible for all charges, as well as any fees incurred by IndiaLinks on account of engaging such law enforcement and other agencies.

15.2  IndiaLinks shall have the right to forthwith terminate the Agreement after giving a notice to You in this regard.

15.3  Upon termination of the Agreement :

15.3.1  IndiaLinks will immediately cease to provide you the Service (s) for which the Agreement has terminated;

15.3.2  You will cease to have access to Your Account and all your information and data, therein;

15.3.3  The provisions of the Agreement which by their nature are required to survive thereof, shall survive the termination of the Agreement.

15.B  Expiration/Termination of Services

You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system ("DNS") for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving Your Contents (including, but not limited to Your website data, databases, emails etc) off our servers and infrastructure. You understand and agree that Your Contents will automatically get deleted immediately upon termination, cancellation or expiration of your Services.

16.  RESELLERS

THE FOLLOWING TERMS ARE ESPECIALLY FOR THOSE PERSONS AND ENTITIES WHO MAY BE RESELLING SERVICES THEY ACQUIRE FROM INDIALINKS TO A THIRD PARTY. THE RESALE OF ANY SERVICES AVAILED CAN ONLY BE DONE AFTER YOU HAVE OBTAINED OUR PERMISSION, MADE THE NECESSARY PAYMENTS AND ON THE EXPRESS CONDITION THAT YOUR END USER ARE MADE AWARE OF THE TERMS OF THE AGREEMENT AND AGREE TO ABIDE BY THE SAME.

16.1  You shall ensure that the end user agrees to comply and complies with all the terms of the Agreement and for that purpose You shall obtain their signature in writing or any other legally acceptable method on the agreement between You and the end user which incorporates such terms and conditions. IndiaLinks will not be obliged to provide any support services or any other services to the end user. Further, in the event Your account has expired, IndiaLinks reserves the right to directly undertake renewals from end users. In case of any breach of the terms of this Agreement by You or your end user, IndiaLinks reserves the right to take appropriate actions, including but not limited to take down of Your or end users' websites and to proceed against You as well as the end user with respect to any such breach or violation.

16.2  You will notify the end user that in the event of any infringement or violation of any of the terms of the Agreement, he/she will be required to take remedial actions within a period of thirty six (36) hours from being notified of the same.

16.3  Any decision relating to Services availed from IndiaLinks is to be made by IndiaLinks and is final.

17.  DEDICATED SERVERS, CLOUD SERVERS, VPS

If you have subscribed for dedicated server, cloud server or Virtual Private Server which are managed by You and/or You have root / administrative access to server, You agree that

17.1  You will maintain server logs (including, but not limited to, websites, ftp, smtp, pop, imap, database services) for period of at least 1 year.

17.2  You will be treated as intermediary as defined under Information Technology Act of India.

17.3  You will immediately take actions as required by intermediary rules of Information Technology Act of India

17.4  You are responsible to perform regular backups and IndiaLinks is not responsible for backups.

18.  GOVERNING LAW AND JURISDICTION

18.1  This Agreement is governed by the laws of the Republic of India. You consent to the exclusive jurisdiction of courts in Mumbai, India for resolving all disputes arising out of or relating to the use of Parent Websites or Services. However, in respect of domain name dispute, the Domain Name registration shall be governed by the policies of ICANN or any other applicable registry.

19.  CONTENT REQUESTS FROM GOVERNMENT AGENCIES / LAW ENFORCEMENT

19.1  You acknowledge and agree that, upon receipt of summons/search warrant/order from a competent authority, law enforcement agency or court of law, or when required for compliance with any statutory obligation, IndiaLinks will be required to disclose customer's contents (including, but not limited to website contents, database contents, email data, etc) with respective authority/agency.

20.  MISCELLANEOUS

20.1  International Use : Although Parent Websites and the Services may be accessible worldwide, we make no representation that Services or Parent Websites are appropriate or available for use in locations outside India. Those who choose to access Parent Websites or use the Services from locations outside India should do so at their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with Parent Websites or the Services is void, if such Service is prohibited by the local laws.

20.2  Communications : You acknowledge and agree that IndiaLinks may send various communications to you as part of the Service including but not limited to service messages and promotional material. Your acceptance of this Agreement deems Your acceptance and agreement to receive communications from IndiaLinks.

20.3 Assignment : IndiaLinks can freely transfer this Agreement, including the rights and obligations therein to any third party. You shall not assign, sublicense or transfer your rights or obligations under this Agreement to any third person/s except as authorized herein or with Our prior written consent. In case of such assignment, sublicense or transfer, the provisions of this Agreement shall inure to the benefit of and be binding upon Your successors and assigns and you shall provide us complete details of such new assignee / sub-licensee / transferee, as the case may be.

20.4  Confidentiality : During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from IndiaLinks, make any disclosures whatsoever of any Confidential Information to others. If you are not an individual, You may disclose the Confidential Information to your officers and employees ("Personnel") only on "need to know basis" provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of your Personnel. You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information.

20.5  You agree that no joint venture, partnership, employment, franchise or agency relationship exists between us as a result of this Agreement or the use by You of Parent Websites or the Services offered by IndiaLinks.

20.6  Each clause/ section of this Agreement is severable. If any provision is held unenforceable by a court of competent jurisdiction, such ruling shall not impair any other provision that remains intelligible and all other provisions shall continue in effect.

20.7  This Agreement constitutes the entire agreement between us with respect to the use of Parent Websites and the Service offered bv IndiaLinks and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between us with respect to Parent Websites and Services.

20.8  Force Majeure : Neither Party shall be liable to the other Party for any loss or damage resulting from any cause beyond its reasonable control including, but not limited to, summons, acts, directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), insurrection or civil disorder, riot, war or military operations, national or local emergency or from any act of God or other similar force beyond such Party's reasonable control.

20.9  Waiver :  No waiver by IndiaLinks of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by IndiaLinks of any right under this Agreement shall be construed as a waiver of any other right.

20.10  Changes in the Agreement : IndiaLinks reserves the right to modify TOS or the Agreement at any time without giving prior notice to You. The last date of revision of the TOS or any of the Policies may be set forth at the end of the relevant document. Your continued use of Parent Websites or the Services will be deemed to be your consent to the amended terms.

If You have any questions, grievances or concerns regarding Parent Websites or Services, please email Grievance Officer Mrs. Yogini Chandarana at legal@indialinks.com

Last updated on : 15-November-2016

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