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This Web Hosting
Agreement is between PoddarWeb.Com and the person/persons who use our
website hosting, Servers and domain services. Please read carefully to
ensure you understand our terms before purchasing any of our products
or services.
Services :
PoddarWeb.Com agrees to provide the services stated for the price
agreed at any given time. We do not mislead customers with hidden
costs.
Terms :
All customers are responsible for monitoring their storage space and
bandwidth transfer each month. Customers who go over the limit of
their account will be sent an email with the option to either upgrade
their account or reduce storage. If customers continue to go over we
will do everything possible to fix the problem. We do reserve the
right to ban accounts for continuous problems. If customers sign up
for an account and cancel it within the first month they will still be
charged for the full first month.
Payments :
Renewal notices are emailed 14 days before the actual renew date in
your account (30 days for annual accounts). If you are using a credit
card you will not have to worry about manual payments. All accounts
are set up on a pre-pay basis. If payment is not received within 7
days a INR 300 fee will be added. PoddarWeb.Com reserves the right to
change prices at any time, unless other terms have been agreed upon.
Any account not brought current within a week (7 days) of e-mail
notice or exceeding this time frame in any way is subject to
suspension. YOU are responsible for all fees owed on the account from
the time it was established to the time that YOU notify PoddarWeb.Com
to request for termination of services. All payments and charges are
in Indian Rupee and USD. YOUR particular billing cycle corresponds to
the contract length that was initially chosen at setup. YOUR account
will automatically renew at this length unless cancelled before hand.
There is no fee for cancelled accounts that have been paid for yearly.
If you cancel an account on the monthly billing cycle PoddarWeb.Com
can not refund any payments made before.
VPS Renewal :
All payments related to dedicated server or VPS should receive 3 days
before due date of expiry, otherwise there will be a down time for
your server.
All annual payments are non refundable. The only time your annual plan
will end is if your account does not comply with our terms of
service/acceptable usage policy. Both monthly and annual payments are
non-refundable if your account does not follow our terms of service or
acceptable usage policy.
Cancellation
and Early Termination :
Customers must acknowledge that the amount of the services bought is
based on customers agreement to pay the fee for the initial term or
renewal term.
Server Abuse
:
Any attempt to undermine or cause harm to a server or customer of
PoddarWeb.Com is strictly prohibited.
PoddarWeb.Com will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other people into
releasing their passwords), password theft, security hole scanning,
etc.
Any unauthorized use of accounts or computers by YOU, whether or not
the attacked account or computer belongs to PoddarWeb.Com, will result
in action against YOU. Possible actions include warnings, account
suspension or cancelation, as well as civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - PoddarWeb.Com has the right to discontinue service,
or deny access to anyone who violates our policies or the terms and
conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of
fees paid will be made if account termination is due to violation of
the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk emailing, unsolicited
emailing, newsgroup spamming, upload scripts (Rappidleach),
pornographic content, illegal content, copyright infringement,
trademark infringement, warez sites (including links to/from), cracks,
software serial numbers, proxy-relaying, link farming (the act of or
by use of scripts), link grinding, link-only sites, spamdexing, FFA
(Free-For-All) and/or anything else determined by PoddarWeb.Com to be
unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications
that are out-of-date and actively being exploited will be shut down
immediately without prior notice. YOU are responsible for and should
evaluate YOUR web-based applications and scripts on a regular basis to
ensure their security and orderliness.
Shared hosting
accounts may also be terminated if it includes any type of Online
Gaming Script OR used for Gaming Sites. No refunds will be made.
Shared Hosting
Accounts will be terminated without giving any advance notice if you
use it for Streaming Videos, Songs, MP3 OR for FREE Download of MP3
Songs and videos. All such activities are strictly prohibited in
Shared Hosting Account.
Shared hosting accounts may also be terminated if it includes the
following content or have links to the following content: Providing
material that is grossly offensive to the Web community including
blatant expressions of bigotry, racism, hatred, or profanity;
promoting or providing instructional information about illegal
activities; promoting physical harm or injury against any group or
individual; displaying material containing obscene nudity or
pornographic material (not applicable to managed dedicated servers);
displaying material that exploits children under 18-years of age; acts
of copyright infringement including offering pirated computer programs
or links to such programs; information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities.
Disk Space
Abuse :
PoddarWeb.Com will be the sole arbitrator as to what constitutes a
violation of this provision. You are reponsable for monitoring your
disk space usage. If you need extra disk space contact one of our
staff and they will be happy to help out. You can also upgrade your
hosting plan from inside your PoddarWeb.Com client account.
Unlimited
Features :
Please note that
unlimited space & bandwidth is given on "Shared Hosting".
Shared Hosting always have some limitations. Because server is shared
by multiple users, hence any single user is not allowed to use full
resources. Any single user at any time, should not use more than 33%
of server resources. This rule should be followed strictly, otherwise
that user's account will be terminated.
Bandwidth Abuse
:
The intention of PoddarWeb.Com is to provide a large enough quota of
bandwidth to facilaite the running of a typical website, and not for
offsite storage of files. If YOU violate this condition, YOU will be
notified and given 48 hours to remedy the problem. Failure to do so
will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota
allocated to YOUR specific PLAN. PoddarWeb.Com will be the sole
arbitrator as to what constitutes a violation of this provision.
AUP (Acceptable
Use Policy) :
Customers agree to use our services under the Acceptable Usage Policy
which is here by incorporated with this agreement. Customers agree
that PoddarWeb.Com hold the right to change their AUP at any time to
meet web hosting standards and laws. Amendments to the AUP are
effective on the earlier of PoddarWeb.Com notice to Customer that an
amendment has been made, or the first day of any Renewal Term that
begins subsequent to the amendment. Customer agrees to cooperate with
PoddarWeb.Com reasonable investigation of any suspected violation of
the AUP. In the event of a dispute between PoddarWeb.Com and Customer
regarding the interpretation of the AUP, PoddarWeb.Com's commercially
reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to PoddarWeb.Com that the information
he, she or it has provided and will provide to PoddarWeb.Com for
purposes of establishing and maintaining the service is accurate. If
Customer is an individual, Customer represents and warrants to
PoddarWeb.Com that he or she is at least 18 years of age.
PoddarWeb.Com may rely on the instructions of the person listed as the
Primary Customer Contact on the Order with regard to Customer's
account until Customer has provided a written notice changing the
Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in
e-mail, and will likely result in account cancelation. PoddarWeb.Com
takes a zero-tolerance approach to SPAM originating from its servers
or for spam advertising of domains hosted within our network. If
found, YOUR account may be deleted.
The following activities are not allowed :
SPAM, which includes,
but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts (such messages may only
be sent to those who have explicitly requested it from your domain);
Forging, altering or removing electronic mail headers - any domain
sending stealth spam will be terminated without warning and without
refund. Sending numerous copies of the same or substantially similar
message with the intent to disrupt a server or account ("mail
bombing"); Spamming Newsgroups: Commercial advertisements are
unwelcome in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account cancelation. See
the newsgroup or mailing list's charter for whether advertising is
allowed or not. Sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such;
Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of messages,
is prohibited. Sending a single unwelcome message may be considered
harassment. If a recipient asks to stop receiving e-mail, YOU must not
send that person any further messages.
NOTE - If YOU use the services of another provider to promote a
website hosted by or through PoddarWeb.Com ("spamvertising"), then the
provisions of the above policy shall apply as if the SPAM were sent
through our servers.
UPTIME
PoddarWeb.Com will endeavour to provide continuous availability of all
Services to the Customer, however, PoddarWeb.Com will not be liable
for any service interruptions or down time. Scheduled maintenance will
be performed at times which is deemed suitable by PoddarWeb.Com which
has the least noticeable impact on the Customer, and should it require
the Services to be offline for greater than thirty (30) minutes
PoddarWeb.Com will post details of the scheduled maintenance.
Unscheduled maintenance will be performed as required by PoddarWeb.Com,
and should the Services be offline for greater than thirty (30)
minutes PoddarWeb.Com will post details of the maintenance and any
updates until it has been completed.
TECHNICAL
SUPPORT BOUNDARIES :
PoddarWeb.Com provides technical support for YOU that encompasses
within our area of expertise only. Such expertise includes assistance,
troubleshooting, and debugging of our cPanel control panel interface,
servers within our immediate responsibility and any other hosting
related issues.
Unlike many hosting companies We do our best to help with scripts,
templates and programing languages. However, under no circumstances is
PoddarWeb.Com obligated to help YOU in the installations of new
application modules, templates and/or programming languages, nor in
providing assistance for any errors produced by any applications that
have been modified by YOU previously.
CGI SCRIPTS
:
Each shared web hosting account comes with its own CGI-BIN. YOU are
free to use any CGI scripts YOU wish, however we reserve the rights to
disable any CGI script that effects normal shared server operation
without prior notice.
Indemnification
Customer agrees to indemnify and hold harmless PoddarWeb.Com,
PoddarWeb.Com's affiliates, and each of their respective officers,
directors, agents, and employees from and against any and all claims,
demands, liabilities, obligations, losses, damages, penalties, fines,
punitive damages, amounts in interest, expenses and disbursements of
any kind and nature whatsoever (including reasonable attorneys fees)
brought by a third party under any theory of legal liability arising
out of or related to the actual or alleged use of Customer's services
in violation of applicable law or the AUP by Customer or any person
using Customer's log on information, regardless of whether such person
has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS PoddarWeb.Com AGAINST
LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR
OTHERWISE DISTRIBUTED IN CONNECTION WITH PoddarWeb.Com'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM PoddarWeb.Com'S
SERVER.
Disclaimer of
Warranties :
PoddarWeb.Com does not warrant or represent that the services will be
uninterrupted, error free, or completely secure. To the extent
permitted by applicable law PoddarWeb.Com disclaims any and all
warranties including the implied warranties or merchantability,
fitness for a particular purpose and non-infringement. To the extent
permitted by applicable law all services are provided on an "As Is"
basis.
Limitation of
Damages :
Neither party shall be liable to the other for any lost profits or any
indirect, special incidental, consequential or punitive loss or damage
of any kind, or for damages that could have been avoided by the use of
reasonable diligence, arising in connection with the agreement, even
if the party has been advised or should be aware of the possibility of
such damages.
Notwithstanding anything else in the agreement to the contrary, the
maximum aggregate liability of PoddarWeb.Com and any of its employees,
agents or affiliates, under any theory of the law (including breach of
contract, tort, strict liability and infringement) shall be a payment
of money not to exceed the amount payable by customer for the three
months service.
Suspension of Services/Termination
Customer agrees that PoddarWeb.Com may suspend services to Customer
without notice and without liability if: (i) PoddarWeb.Com reasonably
believes that the services are being used in violation of the AUP;
(ii) Customer fails to cooperate with any reasonable investigation of
any suspected violation of the AUP; (iii) PoddarWeb.Com reasonably
believes that the suspension of service is necessary to protect its
network or its other customers, or (iv) as requested by a law
enforcement or regulatory agency. Customer shall pay PoddarWeb.Com
reasonable reinstatement fee if service is PoddarWeb.Com following a
suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of
the Initial Term or any Renewal Term without further notice and
without liability if PoddarWeb.Com fails in a material way to provide
the service in accordance with the terms of the Agreement and does not
cure the failure within ten (10) days of Customer's written notice
describing the failure in reasonable detail. The Agreement may be
terminated by PoddarWeb.Com prior to the expiration of the Initial
Term or any Renewal Term without further notice and without liability
as follows: (i) upon five (5) days notice if Customer is overdue on
the payment of any amount due under the Agreement; (ii) Customer
materially violates any other provision of the Agreement, including
the AUP, and fails to cure the violation within thirty (30) days of a
written notice from PoddarWeb.Com describing the violation in
reasonable detail; (iii) upon one (1) days notice if Customer's
Service is used in violation of a material term of the AUP more than
once, or (iv) upon one (1) days notice if Customer violates Section 5
(Customer Information) of this Agreement. Either party may terminate
this agreement upon five (5) days advance notice if the other party
admits insolvency, makes an assignment for the benefit of its
creditors, files for bankruptcy or similar protection, is unable to
pay debts as they become due, has a trustee or receiver appointed over
all or a substantial portion of its assets, or enters into an
agreement for the extension or readjustment of all or substantially
all of its obligations.
If you break our terms of service/acceptable usage policy we hold the
right to cancel any services. We will never cancel any services
without trying our best to resolve the problem with you. However in
extreme cases such as an account containing child pornography we hold
the right to cancel services without any prior warning. We do not
refund any accounts breaking our terms of service/acceptable usage
policy. For example if we cancel your hosting account during your
first month for breaching copyright, we will not refund you for the
first month. This is to prevent people signing up for our services
with the intention of breaching our terms.
Request For
Customer Information :
Customer agrees that PoddarWeb.Com may, without notice to Customer, (i)
report to the appropriate authorities any conduct by Customer or any
of Customer's customers or end users that PoddarWeb.Com believes
violates applicable law, and (ii) provide any information that it has
about Customer or any of its customers or end users in response to a
formal or informal request from a law enforcement or regulatory agency
or in response to a formal request in a civil action that on its face
meets the requirements for such a request.
Back Up Copy
:
Customer agrees to maintain a current copy of all content hosted by
PoddarWeb.Com not with standing any agreement by PoddarWeb.Com to
provide back up services. PoddarWeb.Com will backup and archive the
Customer’s data on a regular basis for the purpose of disaster
recovery. In the event of hard disk failure or data corruption,
PoddarWeb.Com will restore data from the last known verified archive.
If all backup and archived data appear to be corrupt, the Customer
should be prepared to upload the data to their account from a local
copy, and setup all mailboxes and FTP accounts.
Request For
Restore Of Hosting Package :
During any service term, customer may request up to one free restore
for any reason per month. If a customer should need to request a
restore after this a INR 500 fee will apply for each restore.
Changes To
PoddarWeb.Com's Network :
Upgrades and other changes in PoddarWeb.Com's network, including, but
not limited to changes in its software, hardware, and service
providers, may affect the display or operation of Customer's hosted
content and/or applications. PoddarWeb.Com reserves the right to
change its network in its commercially reasonable discretion, and
PoddarWeb.Com shall not be liable for any resulting harm to Customer.
Notices :
Notices to PoddarWeb.Com under the Agreement shall be given via
electronic mail to the e-mail address posted for customer support.
Notices to Customer shall be given via electronic mail to the
individual listed as the Primary Customer Contact on the Order.
Notices are deemed received on the day transmitted, or if that day is
not a business day, on the first business day following the day
delivered. Customer may change his, her or its notice address by a
notice given in accordance with this Section.
Uncontrollable
Circumstances :
PoddarWeb.Com shall not be in default of any obligation under the
Agreement if the failure to perform the obligation is due to any event
beyond PoddarWeb.Com's control, including, without limitation,
significant failure of a portion of the power grid, significant
failure of the Internet, natural disaster, war, riot, insurrection,
epidemic, strikes or other organized labour action, terrorist
activity, or other events of a magnitude or type for which precautions
are not generally taken in the industry.
Governing/Law
Disputes :
The Agreement shall be governed by the laws of India as applicable and
strictly UNDER JURISDICTION OF NAGPUR COURT ONLY.
Miscellaneous
:
Each party acknowledges and agrees that the other party retains
exclusive ownership and rights in its trademarks, service marks, trade
secrets, inventions, copyrights, and other intellectual property.
Neither party may use the other party's name or trade mark without the
other party's prior written consent. The parties intend for their
relationship to be that of independent contractors and not a
partnership, joint venture, or employer/employee. Neither party will
represent itself to be agent of the other. Each party acknowledges
that it has no power or authority to bind the other on any agreement
and that it will not represent to any person that it has such power or
authority. This Agreement may be amended only by a formal written
agreement signed by both parties. The terms on Customer's purchase
order or other business forms are not binding on PoddarWeb.Com unless
they are expressly incorporated into a formal written agreement signed
by both parties. A party's failure or delay in enforcing any provision
of the Agreement will not be deemed a waiver of that party's rights
with respect to that provision or any other provision of the
Agreement. A party's waiver of any of its right under the Agreement is
not a waiver of any of its other rights with respect to a prior,
contemporaneous or future occurrence, whether similar in nature or
not. The captions in the Agreement are not part of the Agreement, but
are for the convenience of the parties. The following provisions will
survive expiration or termination of the Agreement: Fees, indemnity
obligations, provisions limiting liability and disclaiming warranties,
provisions regarding ownership of intellectual property, these
miscellaneous provisions, and other provisions that by their nature
are intended to survive termination of the Agreement. There are no
third party beneficiaries to the Agreement. Neither insurers nor the
customers of resellers are third party beneficiaries to the Agreement.
Customer may not transfer the Agreement without PoddarWeb.Com's prior
written consent. PoddarWeb.Com's approval for assignment is contingent
on the assignee meeting PoddarWeb.Com's credit approval criteria.
PoddarWeb.Com may assign the Agreement in whole or in part. This
Agreement together with the Order and AUP constitutes the complete and
exclusive agreement between the parties regarding its subject matter
and supersedes and replace any prior understanding or communication,
written or oral.
Copyright Files
:
All files stored on PoddarWeb.Com's servers must be legally-owned and
be accompanied with a valid license and/or copyright. This include and
is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO.
Should we discover any unlicensed and/or illegal files within YOUR
account, the files will be subjected to deletion.
CANCELATION OF
SERVICE :
PoddarWeb.Com reserves the right to cancel a service at any time. All
fees paid in advance of cancellation will be pro-rated and paid by
PoddarWeb.Com if we institute our right of cancelation. Any costs
resulting from the Customer violating any policies will be billed to
the Customer.
PROMOTIONAL
RATES & SPECIAL OFFERS :
PoddarWeb.Com may offer subsequent promotional rates or special
offers, the terms of which may or may not be more favorable than the
terms and conditions for YOUR Services. Any such promotions or
modifications shall not effect YOUR obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions
which, to the extent they conflict with the terms of this Agreement,
shall govern. Different promotional fees and special offers may not be
combined together.
INTELLECTUAL
PROPERTY RIGHTS :
Material accessible to you through PoddarWeb.Com's services may be
subject to protection under Indian or other copyright laws, or laws
protecting trademarks, trade secrets and proprietary information.
Except when expressly permitted by the owner of such rights, YOU must
not use PoddarWeb.Com or its servers and network in a manner that
would infringe, violate, dilute or misappropriate any such rights,
with respect to any material that you access or receive through the
PoddarWeb.Com network. If YOU use a domain name in connection with
PoddarWeb.Com or similar service, YOU must not use that domain name in
violation of any trademark, service mark, or similar rights of any
third party.
NETWORK
SECURITY :
Customers may not use the PoddarWeb.Com network with an attempt to
circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing data not
intended for YOU, logging into a server or account YOU are not
expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of any
other organization's security policy. YOU may not attempt to interfere
or deny service to any user, host, or network. This includes, but is
not limited to, flooding, mail bombing, or other deliberate attempts
to overload or crash a host or network. PoddarWeb.Com will cooperate
fully with investigations for violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
Users who violate system or network security may incur criminal or
civil liability.
ELECTRONIC
COMMERCE :
YOU will be solely responsible for the development, operation and
maintenance of YOUR online store and products along with all content
and materials appearing online or on YOUR products, including without
limitation :
(a.) the accuracy and appropriateness of content and materials
appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the
store or related to YOUR products do not violate or infringe upon the
rights of any third party, and
(c.) ensuring that the content and materials appearing within the
store or related to YOUR products are not libelous or otherwise
illegal. YOU will be solely responsible for the final calculation and
application of shipping and sales tax. YOU will also be solely
responsible for accepting, processing, and filling any customer
orders, and for handling any customer inquiries or complaints arising
there from.
YOU are also responsible for the security of any customer credit card
numbers and related customer information YOU may access as a result of
conducting electronic commerce transactions through YOUR website. YOU
will keep all such information confidential and will use the same
degree of care and security as YOU use with your confidential
information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly :
(i) Grant to PoddarWeb.Com a license to cache the entirety of YOUR
website, including content supplied by third parties, hosted by
PoddarWeb.Com under this Agreement and
(ii) Agree that such
caching is not an infringement of any of YOUR intellectual property
rights or any third party's intellectual property rights.
IP ADDRESS
OWNERSHIP :
PoddarWeb.Com shall maintain and control ownership of all IP numbers
and addresses that may be assigned to YOU by PoddarWeb.Com.
PoddarWeb.Com reserves, in its sole discretion, the right to change or
remove any and all such IP numbers and addresses.
DOMAIN NAME
REGISTRATION :
YOU agree to pay PoddarWeb.Com prior to the effectiveness of the
desired domain name registration, the then-current amount set forth in
the PoddarWeb.Com price schedule for the initial registration of the
domain name and, should YOU choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable,
in whole or in part, even if YOUR domain name registration is
suspended, canceled or transferred prior to the end of YOUR then
current registration term. PoddarWeb.Com reserves the right to change
fees, surcharges, renewal fees or to institute new fees at any time,
for any reason, at its sole discretion. YOUR requested domain name
will not be registered unless and until we receive actual payment of
the registration fee, and have confirmed YOUR registration in an email
from PoddarWeb.Com to the email address indicated in YOUR registration
application. In the event of a chargeback by a credit card company (or
similar action by another payment provider allowed by PoddarWeb.Com)
in connection with the payments of the registration fee for YOUR
domain name registration, YOU agree and acknowledge that the domain
name registration shall be transferred to PoddarWeb.Com as the paying
entity for that registration to the registry and that we reserve all
rights regarding such domain name including, without limitation, the
right to make the domain name available to other parties for purchase.
PoddarWeb.Com will reinstate YOUR domain name registration solely at
PoddarWeb.Com's discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to PoddarWeb.Com :
YOU agree to pay PoddarWeb.Com prior to the effectiveness of the
desired domain name transfer request, the then-current amount set
forth in the PoddarWeb.Com price schedule for the initial transfer
request of the domain name. YOU agree and acknowledge that the domain
name transfer will fail, and all fees are non-refundable, for the
following reasons, but not limited to :
- No response from the Registered Name Holder or Administrative
Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints,
other than during the first 60 days of initial registration or during
the first 60 days after a registrar transfer
PoddarWeb.Com reserves the right to change fees, surcharges, renewal
fees or to institute new fees at any time, for any reason, at its sole
discretion. YOUR requested domain name will not be registered unless
and until we receive actual payment of the registration fee, and have
confirmed YOUR registration in an email from PoddarWeb.Com to the
email address indicated in YOUR registration application. In the event
of a chargeback by a credit card company (or similar action by another
payment provider allowed by PoddarWeb.Com) in connection with the
payments of the registration fee for YOUR domain name registration,
YOU agrees and acknowledges that the domain name registration shall be
transferred to PoddarWeb.Com as the paying entity for that
registration to the registry and that we reserve all rights regarding
such domain name including, without limitation, the right to make the
domain name available to other parties for purchase. PoddarWeb.Com
will reinstate YOUR domain name registration solely at PoddarWeb.Com
discretion, and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee.
Transfer domain away from PoddarWeb.Com :
PoddarWeb.Com reserves all rights, without limitation, to reject the
domain name transfer request for the following reasons, but not
limited to :
- No response from the Registered Name Holder or Administrative
Contact
- Domain name in Registrar Lock Status and there is no request from
Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than
60 days or other constraints, other than during the first 60 days of
initial registration or during the first 60 days after a registrar
transfer
YOU agree and acknowledge that the failure or success of a domain name
transfer will be his/her sole responsibility, and PoddarWeb.Com will
not be held liable for the failure of a domain name transfer for any
reason.
Domain registrations are non-refundable. Please do not purchase the
domain name until you are certain that it is exactly what you would
like to buy.
Termination of
Web Hosting Services, in case of Domain Transfer OR Change In
Nameservers :
PoddarWeb.Com
reserves all rights, without limitation, to terminate your web hosting
services, in case you either (1) Transfer your Domain away from us, OR
(2) Makes a change in the Nameservers other than our specified
Nameservers, i.e. if your domain is not pointed to our servers. In
both the cases, your web hosting services will be terminated without
any prior notice to you.
LAWFUL PURPOSE
:
PoddarWeb.Com reserves the right to refuse service to anyone who are
using our server for illegal activities. YOU may only use
PoddarWeb.Com server for lawful purposes and our services may not be
used for illegal purposes or in support of illegal activities. We
reserve the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil
wrongdoing. If anything is not legal in the United States of America,
it is not permitted to reside on our servers. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is prohibited. This includes but not limiting
material protected by copyright, trademark, trade secret or other
intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable content or
links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or
archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed
MP3". The designation of any materials as such described above is left
entirely to the discretion of PoddarWeb.Com management.
If illegal content or usage is found, the account will be suspended
and/or terminated. YOU agree that PoddarWeb.Com may disclose any and
all YOUR information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written
request without further consent or notification.
PRIVACY
STATEMENT :
PoddarWeb.Com follows the strict guidelines of our customer privacy
statement. Please make sure you understand this statement fully.
Changes To Our
Terms & Conditions :
PoddarWeb.Com
reserves the right for changing their Terms & Conditions at any time. |
