TERMS OF HOSTING
SERVICE
Modification Date: April 4th, 2008
Please read them all carefully.
1.
ACKNOWLEDGMENT AND ACCEPTANCE
The Srest Information Technology Hosting Service
("Service") is provided for your use ("User") under these
Terms of Service ("Terms") and any policies and procedures
that may be instituted by Srest Information
Technology.NOTWITHSTANDING, BY USING THE SERVICES, YOU
ACKNOWLEDGE AND IT WILL BE PRESUMED THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES
INCORPORATED BY REFERENCE.
2. USE OF SERVICES
The Srest Information technology Hosting
Acceptable Use Policy (the "Usage Policy") govern the general
policies and procedures for use of the Services. The Usage
Policy is posted on Srest Information technology Hosting's Web
site (or such other location as Srest Information
technology Hosting may specify) and may be updated from
time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY
USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE
USAGE POLICY AND ANY FURTHER MODIFICATIONS. Srest Information
technology Hosting RESERVES THE RIGHT TO TERMINATE YOUR
ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS
AGREEMENT OR ANY REASONS.
3. PRIVACY POLICY
Srest Information Technology considers the User's
information to be the private and will not monitor or disclose
such information except in the good faith belief that such
action is reasonably necessary: (a) to comply with the law;
(b) to comply within legal process; (c) to enforce the Terms;
(d) to respond to any claims of violation of the rights of
third parties; (e) to protect the interests of Srest
Information Technology or others.
User acknowledges and agrees that Srest Information
Technology may access its information as necessary to identify
or resolve technical or other problems. User acknowledges and
agrees that certain technical processing of information is and
may be required to (a) send or receive data; (b) perform
planning or scheduling (c) conform to technical or other
issues.
User acknowledges and agrees that Srest Information
Technology does not endorse any content created or transmitted
via the Hosting Service and is not responsible or liable for
any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, tortuous, or
otherwise objectionable content or content that infringes or
may infringe the intellectual property or other rights of
another.
4. TERM AND PAYMENT FOR SERVICES
4.1. Term
This Agreement shall be for an "Initial Term" as chosen
by you in the Order Form at the time you register for the
Services. This Agreement will be automatically renewed (the
"Renewal Term") at the end of the Initial Term for the same
period as the Initial Term unless you provide Srest
Information technology with notice of termination thirty (30)
days prior to the end of the Initial Term or the Renewal Term.
4.2. Termination Policy
If you terminate your receipt of the Services prior to
the end of the Initial Term or the Renewal Term, whichever is
then applicable, (a) Srest Information technology will not
refund to you any fees paid in advance of such termination and
(b) you shall be required to pay 100% of Srest
Information technology Hosting's standard monthly charge for
each month remaining in the term, unless otherwise expressly
provided in this Agreement. Notwithstanding the foregoing, if
you terminate your receipt of Shared Hosting Services prior to
the end of the first thirty (30) days of the Initial Term, you
are entitled to a refund of the fees you paid in advance for
the monthly Services, not including any setup fees. Your
termination request or notice must be submitted to Srest
Information technology Hosting and acknoledge by Srest using
Email or other media. Please contact Srest support, if you
have not recieved the confirmation. Srest Information
technology Hosting may terminate this Agreement at any time
and for any reason by providing to you written notice thirty
(30) days prior to the date of termination. If Srest
Information technology Hosting terminates this
Agreement, Srest Information technology Hosting will
refund to you the pro-rata portion of prepaid fees
attributable to Services (excluding setup fees) not yet
rendered as of the termination date unless otherwise expressly
provided in this Agreement. If termination was enforced to due
violations that result in damages or fees assigned
to Srest Information technology Hosting on your behalf,
no refunds shall apply and you will be held liable for such
fees.
4.3 Default and Cure
In the event that either party hereto defaults in the
performance of any of its material duties or obligations under
this Agreement, including failure to make any payments due
under this Agreement, and such default is not cured within
five (5) days after written or email notice is given to the
defaulting party specifying the default, then the party not in
default, after given written notice thereof to the defaulting
party, may terminate this Agreement.
4.4. Charges
You agree to pay for all charges attributable to your
use of the Services at the then current Srest Information
technology Hosting prices, which shall be exclusive of any
applicable taxes. You are responsible for the payment of
all duty & VAT and any other taxes assessed with
respect to the Services, other than taxes based on Srest
Information technology Hosting's net income.
4.5. Payment
All charges for Services must be paid in advance
according to the then current prices applicable
Services. Upon entering this Agreement, you must choose to pay
either by direct charge to a credit or debit card or via check
or via cash. If you choose to pay by credit or debit card upon
registering for the Services, you thereby authorize Srest
Information technology Hosting to charge your credit or debit
card to pay for any charges that may apply to your account.
You must notify Srest Information technology Hosting of
any changes to your card account (including, without
limitation, applicable account number or cancellation or
expiration of the account), your billing address, or any
information that may prohibit Srest Information
technology Hosting from charging your account. Srest
Information technology Hosting may also create periodic
invoices for any applicable Supplemental Charges associated
with your use of the Services. You agree to pay to Srest
Information technology Hosting the amount indicated in each
invoice by the due date reflected on that invoice. If you fail
to pay any fees and taxes by the applicable due date for
credit card or invoice payments, late charges of the lesser of
one and one-half per cent (1.5%) per month become
payable by you to Srest Information technology Hosting .
In addition, your failure to fully pay any fees and taxes
within seven (7) days after the applicable due date will be
deemed a material breach of this Agreement, and Srest
Information technology Hosting may, in addition to any other
remedy it may have: (i) suspend its performance of the
Services and/or terminate this Agreement; and/or (ii) At the
time of such nonpayment, Srest Information technology
may, delete any and all content from the Srest
Information technology Servers. Any such suspension or
termination of the Services would not relieve you from paying
past due fees plus interest.
5. MODIFICATIONS TO TERMS OF SERVICE
Srest Information technology Hosting reserves the
right to change or modify any of the terms and conditions
contained in this Agreement, any Addendum and any policy or
guideline incorporated by reference at any time and from time
to time in its sole discretion, and to determine whether and
when any such changes apply to both existing or future
customers. Any changes or modification will be effective upon
posting of the revisions on the Srest Information
technology Web site (the "Site"). Your continued use of
Services following Srest Information technology posting
of any changes or modifications will constitute your
acceptance of such changes or modifications.
6. USER ACCOUNT, PASSWORD, AND SECURITY
User is solely responsible for maintaining the
confidentiality of User's identifications and passwords and
any and all activities that occur under User's identifications
or passwords. User agrees to immediately notify Srest
Information Technology of any unauthorized use of User's
account or any other breach of security known to User.
User agrees not to use any racist, inflammatory, or profane
calendar names, user names, group names, passwords, or other
text and further agrees that Srest Information Technology
has the right to modify such if, in its sole discretion, any
such terms violate this agreement.
7. ENFORCEMENT
7.1. Investigation of Violations
Srest Information technology Hosting may investigate
any reported or suspected violation of this Agreement, its
policies or any complaints and take any action that it deems
appropriate and reasonable under the circumstance to protect
its systems, facilities, customers and/or third
parties. Srest Information technology Hosting will not
access or review the contents of any e-mail or similar stored
electronic communications except as required or permitted by
applicable law or legal process.
7.2. Actions
Srest Information technology Hosting reserves the
right and has absolute discretion to restrict or remove from
its servers any content that violates this Agreement or
related policies or guidelines, or is otherwise objectionable
or potentially infringing on any third party's rights or
potentially in violation of any laws. If Srest
Information technology Hosting become aware of any
possible violation by you of this Agreement, any related
policies or guidelines, third party rights or laws, we may
immediately take corrective action, including, but not limited
to, (a) issuing warnings, (b) suspending or terminating the
Service, (c) restricting or prohibiting any and all uses of
content hosted on Srest Information technology Hosting 's
systems, and/or (d) disabling or removing any hypertext links
to third party Web sites, any of your content distributed or
made available for distribution via the Services, or other
content not supplied by Srest Information technology
Hosting which, in Srest Information technology Hosting 's
sole discretion, may violate or infringe any law or
third-party rights or which otherwise exposes or potentially
exposes Srest Information technology Hosting to civil or
criminal liability or public ridicule. It is Srest
Information technology Hosting 's policy to terminate repeat
infringers. Srest Information technology Hosting's right
to take corrective action, however, does not obligate us to
monitor or exert editorial control over the information made
available for distribution via the Services. If Srest
Information technology Hosting takes corrective action due to
such possible violation, Srest Information technology
Hosting shall not be obligated to refund to you any fees paid
in advance of such corrective action.
7.3. Disclosure Rights
To comply with applicable laws and lawful governmental
requests, to protect Srest Information technology Hosting
's systems and customers, or to ensure the integrity and
operation of Srest Information technology Hosting 's
business and systems, Srest Information technology
Hosting may access and disclose any information it considers
necessary or appropriate, including, without limitation, user
profile information (i.e., name, e-mail address, etc.), IP
addressing and traffic information, usage history, and content
residing on Srest Information technology Hosting's
servers and systems. Srest Information technology Hosting
also reserves the right to report any activity that it
suspects violates any law or regulation to appropriate law
enforcement officials, regulators, or other appropriate third
parties.
8. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
SREST INFORMATION TECHNOLOGY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SREST INFORNATION TECHNOLOGY MAKES NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES SREST INFORNATION TECHNOLOGY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN
THE SOFTWARE NOT OCCUR OR WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA.
SREST INFORMATION TECHNOLOGY MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
USER FROM SREST INFORMATION TECHNOLOGY OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
Srest Information technology Hosting is not
responsible in any manner for any non-confirming Services to
the extent caused by you or your customers. In
addition, Srest Information technology Hosting is not
responsible for loss or corruption of data in transmission, or
for failure to send or receive data due to events
beyond Srest Information technology Hosting's reasonable
control.
9. LIMITATION AND EXCLUSION OF LIABILITY
IN NO EVENT SHALL SREST INFORMATION TECHNOLOGY Hosting
HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS
TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED
TO Srest Information technology Hosting , DISTRIBUTED OR
MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Srest
Information technology Hosting SHALL HAVE NO LIABILITY UNDER
THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Srest
Information technology Hosting HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY
OF Srest Information technology Hosting TO YOU FOR ANY
REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID TO Srest Information technology
Hosting BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30)
DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM
ACCRUED. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH
OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Srest
Information technology Hosting UNDER THIS AGREEMENT HAVE BEEN
AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.
ACCORDINGLY, YOU HEREBY RELEASE Srest Information technology
Hosting FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM
IN EXCESS OF THE LIMITATION STATED.
BECAUSE SOME AREAS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
AREAS, WE HAVE SPECIAL PLAN (CALLED SUPER PLAN) FOR SUCH
AREAS. WE CHARGE 5 TIMES MORE FOR THOSE CUSTOMERS. IT IS
CUSTOMER RESPONSIBILITY TO BUY THE CORRECT SERVICE, OUR
SERVICES AT NORMAL RATE EXCLUDES ALL LIABILITY, WARRANTY AND
GURRANTY. IF THE CUSTOMER PAID SUPER PLAN CHARGES, THEN AND
ONLY THEN OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW FOR THOSE SPECIAL STATES.
9.2. Interruption of Service
You hereby acknowledge and agree that Srest Information
technology Hosting will not be liable for any temporary
delay, outages or interruptions of the Services.
Further, Srest Information technology Hosting shall not
be liable for any delay or failure to perform its obligations
under this Agreement, where such delay or failure results from
any act of God or other cause beyond its reasonable control
(including, without limitation, any mechanical, electronic,
communications or third-party supplier failure).
9.3. Maintenance
You hereby acknowledge and agree that Srest
Information technology Hosting reserves the right to
temporarily suspend services for the purposes of maintaining,
repairing, or upgrading its systems and network. Srest
Information technology Hosting will use best efforts to notify
you of pending maintenance however at no time is under any
obligation to inform you of such maintenance.
10. NO RESALE OF THE SERVICE
User agrees not to reproduce, duplicate, copy, sell,
resell or exploit the Service or use of or access to the
Service. User agrees not to include advertising in calendars,
unless authorized in writing by SREST INFORMATION
TECHNOLOGY.
11. USER CONDUCT
User agrees to abide by all applicable local, state,
national, and international laws and regulations in User's use
of the Service, and agrees not to interfere with the use and
enjoyment of the Service by other users. User agrees to be
solely responsible for User's actions and the contents of
User's transmissions through the Service. User agrees not to
impersonate any person or entity, including but not limited
to, Srest Information technology official, forum leader,
guide or host or falsely state or otherwise misrepresent your
affiliation with a person or entity.
User agrees: (a) to comply with all laws regarding the
transmission of technical data exported from India through the
Service; (b) not to upload or distribute in any way files that
contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of
another's computer; (c) not to use the Service for illegal
purposes; (d) not to interfere or disrupt networks connected
to the Service; and (e) to comply with all regulations,
policies and procedures of networks connected to the Service.
User agrees not to use the Service to collect or harvest
personal information, including, without limitation, financial
information, about other users of the Service.
User agrees not to post, promote or transmit through the
Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable material of any kind or
nature. User further agrees not to transmit or post any
material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international
law or regulation. User shall not interfere with another
User's use and enjoyment of the Service or another entity's
use and enjoyment of similar services. Finally, User agrees
not to advertise or offer to sell any goods or services, or
engage in surveys, contests, chain letters or use the Service
for any commercial purpose, post or transmit "junk mail",
"spam" and "chain letters", or unsolicited mass distribution of
email.
Srest Information technology may, at its sole discretion,
immediately terminate User's access to the Service in
case User's conduct fails to conform with these terms and
conditions of the Terms. Srest Information technology
may, but is not in any way obligated to, enforce these Terms
against any user.
12. INDEMNIFICATION
You will defend, indemnify and hold harmless Srest
Information technology Hosting and its officers, directors,
shareholders, employees, consultants, agents, affiliates and
suppliers (an "indemnities") from any and all threatened or
actual claims, demands, causes of action, suits, proceedings
(formal or informal), losses, damages, fines, penalties,
liabilities, costs and expenses of any nature, including
attorneys' fees and court costs, sustained or incurred by or
asserted against any Indemnitee by any person, firm,
corporation, governmental authority, partnership or other
entity by reason of or arising out of or relating to: (i) your
violation or breach of any term, condition, representation or
warranty of this Agreement or any applicable policy or
guideline; (ii) your conduct, including but not limited to
your negligence, gross negligence, or willful misconduct;
(iii) your use of the Services, including any improper or
illegal uses; (iv) any claim by a former employee of yours
whose employment has been or may be terminated in connection
with or as a result of the execution of this Agreement and
performance of the Services by Srest Information technology
Hosting ; or (v) any claim relating to your services or
products, or your installation and/or use of any third-party
software, including but not limited to advertising, product
liability claims or infringement of any trademark, copyright,
patent, trade secrets or nonproprietary right of a third party
(including, without limitation, defamation, libel, or
violation of privacy or publicity).
13. TERMINATION
User agrees that Srest Information technology may
terminate user name, password, account or use of the
Service, for any reason, at its sole discretion, including,
without limitation, if Srest Information technology
believes (a) that User has violated or acted inconsistently
with the letter or spirit of the Terms, or (b) that User has
violated the rights of Srest Information technology or
other Users or parties. User further agrees that Srest
Information technology may terminate user name,
password, account or use of the Service if User fails to use
the Service at least one time during a reasonable period of
time as determined by Srest Information technology from time
to time which period shall not be less than one month.
User acknowledges and agrees that any termination of service
under this Agreement under any provision of this Agreement may
be effected without prior notice, and acknowledges and agrees
that Srest Information technology may immediately delete
and discard all information and files in User's account and
bar any further access to such files or the Service.
14. NOTICE
All notices to a party shall be in writing and shall be
made either via email or conventional mail. In
addition, Srest Information technology may post notices
or links to notices through the Service to inform User of
changes to the Terms, the Service, or other matters of
importance. Lack of such notification shall not affect the
effectiveness of such changes.
15. PROPRIETARY RIGHTS TO CONTENT
User acknowledges and agrees that content, including
but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in sponsor
advertisements or other information presented to User through
the Service ("Content") is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. User is only permitted to use this Content as
expressly authorized by Srest Information technology, and may
not copy, reproduce, distribute, or create derivative works
from this Content without express authorization.
16. GENERAL
The Terms and the relationship between User and Srest
Information technology shall be governed by the laws of India
without regard to its conflict of law provisions. User
and Srest Information technology agree to submit to the
personal, exclusive jurisdiction and territorial jurisdiction
of the courts located at Mumbai, Maharashtra, India.
The failure of Srest Information technology to exercise
or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
User agrees that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the Terms are for convenience only and
have no legal or contractual effect.
If for any reason your are not satisfied with the Hosting
Services provided, we offer a full money back promise. Simply
cancel you Hosting Plan within the first thirty days of
service and we will refund your money.
17. No Waiver
Srest Information technology Hosting's failure to
enforce the strict performance of any provision of this
Agreement will not constitute a waiver of Srest
Information technology Hosting's right to subsequently
enforce such provision or any other provisions under this
Agreement.
18. Severability
If any provision of this Agreement is deemed illegal,
invalid, void or otherwise unenforceable in whole or in part,
that provision shall be severed or shall be enforced only to
the extent legally permitted, and the remainder of the
provision and the Agreement shall remain in full force and
effect. If any provision of this Agreement is deemed to be
invalid, void or unenforceable only with respect to a
particular application, such term or provision shall remain in
full force and effect with respect to all other applications.
19. Survival
All provisions of this Agreement relating to your
warranties, intellectual property rights, limitation and
exclusion of liability, your indemnification obligations and
payment obligations shall survive the termination or
expiration of this Agreement.
