4. Provider
is not responsible for any damages arising from Client's use
of Provider or by Client's inability to use the services for
any reason.
5. While Provider shall make every reasonable effort to protect
and backup data for Client on a regular basis, Provider is
not responsible for Client's files residing on Provider. Client
is solely responsible for independent backup of data stored
on Provider.
6. 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. Any potentially illegal activity may be deactivated
without warning by the provider. Client hereby agrees to indemnify
and hold harmless the provider for any claim resulting from
the submission of illegal materials.
7. Client hereby agrees that any material submitted for publication
on provider through client's account(s)will not contain anything
such as, but not limited to, Pornography, Obscenity, Nudity,
Violations of Privacy, Computer Viruses and any harassing
and or harmful materials or uses, which are considered to
be abusive and unethical uses of the Internet service(s).
Client hereby agrees to indemnify and hold harmless the provider
from any claim resulting from client's publication of materials
or client's use of those materials. Provider may or may not
give notice before deactivating the use of client's account(s)
which the provider decides is/are an abusive or unethical
use of the Internet service(s) or deemed a violation of the
terms of services.
8. 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.
9. Use of distribution lists via unsolicited electronic mail
or other mass electronic mailings is strictly prohibited.
The Provider reserves the right to deactivate the Client's
account(s) upon an indication of such activity. Client hereby
agrees to indemnify 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 account(s).
10. In the event it is necessary to refer any dispute to an
attorney or resolve it in a court of law, the prevailing party
will be entitled to an award of reasonable attorney's fees
and all costs associated with any legal action, whether or
not a suit shall actually be filed.
11. Provider maintains control and any ownership of any and
all IP numbers and addresses that may be assigned to Client
and reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
12.Provider is not responsible for any other commitment other
than the information furnished in the brochure or order form.
13. Traffic Guidelines: Unlimited traffic facility is not
available to shareware, sound, video, image and multimedia
archives, mirror sites, distribution points, or any site whose
primary purpose is file distribution.
14. When the Client places an order on the Provider, it is
assumed that the Client accepts this Service Contract.
15. Subject to Ernakulam, India jurisdiction. |
