Terms of Services (TOS)
Please carefully read the following Master Service Agreement (MSA) & Terms of Service (TOS). By Accessing and using the services you agree to be bound by the MSA. If you do not agree to be bound by the TOS, do not access or use the services or ansillary software
YOUR ELECTRONIC ACCEPTANCE OF THIS TOS SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TOS/ AGREEMENT, ALONG WITH THE FOLLOWING CORPORATE POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE:
- Privacy Statement
- Registrar Registrant Domain Agreement
- ICANN Uniform Domain Name Dispute Resolution Policy (UDRP)
- IN Domain Name Dispute Resolution Policy (INDRP)
- Terms & Conditions for .IN Domain Registrars
- Fair Usage Policy
- Free Email Hosting Terms & Condition
And all other policies adopted by Star Web Designers from time to time.
This Master Services Agreement (‘AGREEMENT’) is entered into
Star Web Designers Web Hosting Pvt Ltd AND You (hereinafter referred to as “Customer”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.
The Star Web Designers and the Customer may be referred to individually as a “Party” and collectively as the “Parties”
WHEREAS the The Star Web Designers provides various Products and Services;
AND WHEREAS the Customer wishes to purchase Products and Services from Star Web Designers,
This Agreement/TOS sets forth the general terms and conditions of your use of this website (this ‘Site’) and the products and services (collectively, the ‘Services’) found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.
NOW IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :-
The hereinabove stated recitals be treated as an integral part and parcel of this agreement.
1) “Services” means and includes Web Hosting Services, SMTP Services, Domain Name Registration, Domain Name forwarding/redirection Services, Managed DNS Services, Email Hosting Services, SpamGuard Services, SSL Certification Services and all other products and services that Star Web Designers may offer You from time to time at Star Web Designers. sole discretion through the Website.
2) “Star Web Designers” shall mean and refer to Star Web Designers.
3) “You” or “Your” shall mean and include any person or entity availing Star Web Designers’ Services. The Customer.
4) “Agreement” shall mean this Agreement including Annexures;
5) “Website” shall mean the website of STARWEBDESIGNER.COM or any other website owned and operated by Star Web Designers.
6) “Registration Data”/ “RD” shall mean the information provided by you while registering for use of any services on the site.
7) “Control Panel” shall mean the interface given to the customer to manage their service.
8) Confidential Information.
2. ACCEPTANCE OF TERMS
Service is offered to You on the condition that You accept all the TOS without modification or reservation by clicking the “I Agree” button.
3. ELIGIBILITY; AUTHORITY
The Website and the Services are available only to users who can form legally binding contracts under the Indian law. By using the website or the services,
3.1 You represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under the Indian law.
3.2 If you are entering into this TOS on behalf of an entity, You represent and warrant that you have the legal authority to bind such entity to the terms and conditions contained in this TOS, in which case the terms “you”, “your” or “User” shall refer to such corporate entity.
If Star Web Designers finds that You do not have the legal authority to bind such entity, You will be personally responsible for the obligations contained in this TOS, including, but not limited to, the payment obligations.
4. TERMS AND USER SUBSCRIPTION
4.1 If You avail more than one Service from Star Web Designers the TOS shall be applicable in respect of all the Service and Your acceptance of the TOS at the time of availing the Service for the first time shall be deemed to be acceptance of TOS for the Services availed subsequently.
4.2 If any Service of Star Web Designers is availed of, the policies and further terms specific to that Service as described in the annexures to the TOS shall also be applicable to You in addition to the TOS.
4.3 For availing any Service you have to fill in the Service Registration Form (“SRF”) that is available at the Websites. Upon registration we will provide You customer ID and password (“Security Codes”) Provision of any of the Services are subject to IndiaLink’ acceptance of your SRF.
4.4 You agree (i) to provide Star Web Designers with true, accurate, current and complete information as prompted by the SRF (such information being the “Registration Data”/ “RD”); (ii) to maintain and promptly update the RD to keep it true, accurate, current and complete at all times. If You suspect an error in the RD information supplied to Star Web Designers, You shall immediately make ‘best efforts’ to correct the error wherever possible or inform Star Web Designers in writing.
4.5 If Star Web Designers has reason to believe that Your RD is untrue, inaccurate, out-of-date or incomplete, Star Web Designers reserves the right, in its sole and absolute discretion, to suspend or terminate 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 Security Codes secure at all times. For security purposes, Star Web Designers recommends that You frequently change Your password. You must notify Star Web Designers immediately of any breach of security or unauthorized use of your account/Security Codes. Star Web Designers will not be liable for any loss You incur due to any unauthorized use of Your account. You, however, may be liable for any loss Star Web Designers or others incur caused by Your account, whether caused by You, or by an authorized person, or by an unauthorized person. Star Web Designers is not responsible for any loss or damage caused to You due to any non-compliance of this clause.
4.6 During the term of this Agreement and for three years thereafter, the Customer shall maintain the records relating to its dealings with Star Web Designers or its resellers.
5. PAYMENT OF FEES AND TAXES
5.1 You agree to pay the fees due for Services purchased from the Website at the time You order the Services. All fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Service/s term. Star Web Designers expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately.
5.2 Payments will be considered fully paid when
- a) Resellers/Customers pays via any prescribed method
- b) Resellers/Customers inform the Registrar about the payment mode and Domain details and
- c) The Registrar acknowledges the receipt of the payments.
5.3 In the event that a payment is made via a Credit Card or the payment instrument is sent by the Customers or Resellers bounces due to lack of funds or any other reason, then
- a) Star Web Designers may immediately suspend access to Control Panel.
- b) Star Web Designers has the right to terminate this agreement with immediate effect and without any notice.
- c) Star Web Designers in its sole discretion may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the services taken by the customer as well as stop / suspend / delete / transfer any services currently being processed.
- d) Star Web Designers in its sole discretion may Transfer all services taken by the customer to any Customer, or under the Star Web Designers account.
- e) Star Web Designers in its sole discretion may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
- f) Star Web Designers shall have the right to initiate any legal proceedings against the Customer to recover any such liabilities.
5.4 Star Web Designers reserves the right to change pricing, minimum order levels, and discounts, of any of its services, at any time.
5.5. The Customer shall be responsible for all the taxes and duties weather national, international, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the services.
6.2 Star Web Designers reserves the right in its sole and absolute discretion and without prior intimation to You to change the terms and conditions under which the Service is offered, this TOS and other policies which may be referred to herein at any time and such changes or modifications shall be effective immediately as soon as they are uploaded on the Website. You can review the most current version of this MSA at any time at http://www.starwebdesigner.com/legal/msa.php If you continue to use Services after modifications to the TOS, You will be deemed to have agreed to be bound by the changes.
6.3 Star Web Designers reserves the right to deny to You, at its sole and absolute discretion, 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 Star Web Designers.
6.4 Star Web Designers does not allow You or any clients/customers to install their own chat rooms. These tend to be large system hogs and Star Web Designers cannot allow it.
6.5 Your website or Services offered to You may be suspended if Star Web Designers receives any complaint of any nature in respect of your website.
6.6 You agree that in case of Star Web Designers. server receives emails or any kind of requests for websites hosted by Star Web Designers which is overloading server or creating any sort of problems, Star Web Designers may temporarily or permanently disable related website(s)/accounts and Star Web Designers will not be held liable for the same.
6.7 You must sign an agreement with your end-users and the end-users shall be bound by this TOS. You agree to give appropriate notice to your end users of the TOS and that the fact that they are bound by it.
6.8 All Services shall be ordered from Star Web Designers’ online control panel where you shall log-in with password. All orders, support requests or requests for any changes or billing details or any details shall be communicated to Star Web Designers via this control panel.
6.9 Star Web Designers may temporarily or permanently stop any of the services.
6.10 Star Web Designers reserve the right to deny or cancel the service within 30 days of starting of the service. In this case Star Web Designers may refund the fees charged for the service after deducting the processing charges.
6.11 Notwithstanding the generality of the TOS mentioned in this Clause 6, You hereby agree to conform to the policy specific to the service availed by You, as mentioned below:
- 6.11.1 Web Hosting Services (Annexure I)
- 6.11.2 Domain Name and Registration Services (Annexure II)
- 6.11.3 Email Hosting Services (Annexure III)
- 6.11.4 Web and Email Forwarding (Annexure IV)
- 6.11.5 Managed Domain Name Servers (Annexure V)
- 6.11.6 SSL Certification (Annexure VI)
- 6.11.7 Dedicated Servers (Annexure VII)
7. YOUR OBLIGATIONS
7.1 You shall (i) bear all responsibility of keeping and ensuring that Passwords are kept in a safe and secured manner; (ii) not assign or disclose Your password to any person or entity; (iii) bear all liability that may occur as a result of the password being used by third parties, or due to their improper use.
7.2 You agree to immediately notify Star Web Designers of any unauthorized use of Your account or any other breach of security known to You.
7.3 You agree that all co-ordination with regard to the request for Services between You and Star Web Designers shall only be done via Live-Support or by authorized e-mail address provided by you in RD and by no other mode. All transmissions made via Live-Support or via authorized e-mail address provided by you in RD is deemed duly executed and is to be binding on the person sending it, no further signatures or authentication of any kind is necessary.
7.4 Intellectual Property: You acknowledge, agree and represent that your website, and all the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material/information contained or maintained on Your website or presented to You is owned by You and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (“Intellectual Property Rights”) and that You shall not infringe upon the intellectual property rights of any third party.
7.5 Links to third party Web sites: Star Web Designers does not endorse the content on any third-party websites, which could be accessed from the Website. Star Web Designers is not responsible for the content of any dealings with third parties who advertise on the Website, or through participation in promotions, including the delivery of and the payment for goods and service, or Your use of third-party websites is at Your own risk and subject to the terms and conditions of use for such websites. If you decide to access any of the third party website linked to the Website, You do so entirely at your own risk. In the event that any of the terms contained herein conflict with the terms of service or other terms and guidelines contained within any such website, then the terms of service and other terms and guidelines for such website shall prevail.
7.6 The Website may contain advertising and sponsorship. Star Web Designers will not be responsible for an error or inaccuracy in the advertising or promotional material.
7.7 You may enter into correspondence with or participate in promotions of the advertisers showcasing their products or services on the Website. Star Web Designers 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 Star Web Designers shall not be held liable or responsible with respect to Your relationship with such advertiser.
7.8 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.
7.9 You acknowledge that Star Web Designers neither endorses the contents of any communications nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from, or any crime facilitated thereby.
7.10 You shall not:
7.10.1 use the Service to defame, abuse solicit, harass, stalk, threaten or otherwise violate the legal rights of any person or entity. You shall not use the Service to distribute any offensive material or information that promotes or contains bigotry, racism, hatred, profanity or obscenity, promotes physical harm or causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, or ill will;
7.10.2 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;
7.10.3 use the Website or Service to violate the security of any computer / computer network, crack passwords or security encryption codes, transfer or store illegal material / information;
7.10.4 reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the Service in violation of this TOS or the laws of any country;
7.10.5 run any form of auto-responder, mail-list or spam on the Service or any processes that are run or are activated while You are not logged on to the Website;
7.10.6 send any electronic mail or electronic mail message, including spam message, with a view to cause annoyance or inconvenience to the recipient or to cause deception or mislead the recipient about the origin of the electronic mail;
7.10.7 You will not modify or alter any part of the Website or the Services found at the Website or any of its related technologies;
7.10.8 distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed;
7.10.9 reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information, software, products or Services provided by Star Web Designers or obtained from Star Web Designers without obtaining Star Web Designersexpress, prior written consent. This restriction includes any attempt to incorporate any information provided by Star Web Designers into any other directory, product, or service;
7.10.10 do or undertake or make any attempt to do any act that violates Star Web Designers’ intellectual property and intellectual property rights in the Service;
7.10.11 cache or permit caching by any person;
7.10.12 do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the Service as provided by Star Web Designers to anyone, unless there is an explicit written permission from Star Web Designers to do so. Your Services will be stopped immediately if Star Web Designers is of the opinion that Your website is the cause of such server overload till such time as Star Web Designers feels that Your website will not adversely affect Star Web Designers. services;
7.10.13 use or permit the use of the Service for any activity of any nature whatsoever that is or may be regarded as hacking, identity theft, impersonation or spying;
7.10.14 use or permit the use of the Service for any activity of any nature whatsoever that is or may be regarded as a threat to national security or cyber terrorism; and
7.10.15 use the Service to store and/or display and/or publish and/or distribute any adult content, which without limitation includes all pornography, erotic images, child pornography, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to Star Web Designers. discretion.
7.11 You shall ensure that any and all legal or commercial arrangements, agreements, contracts, deeds or other documentation you may enter into with any third party with respect to any subject matter related to or operated via or hosted on the Service shall be in full compliance with the terms and restrictions mentioned herein.
8. STAR WEB DESIGNERS’ WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
8.1 Except as warranted in this TOS, Star Web Designers expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy, validity, integrity, correctness, adequacy & completeness, and any warranties relating to non-infringement in the Service.
8.2 Star Web Designers makes no warranty that the Service will meet Your requirements.
8.3 Star Web Designers shall not be held responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information etc in this Service or Website or any part thereof.
8.4 Star Web Designers shall not incur any liability, direct or indirect, to You or any third party, as a consequence of non-functioning of any equipment belonging to You, any third party or Star Web Designers. Star Web Designers shall not be responsible for any downtime of such equipment.
8.5 Star Web Designers shall not incur any liability, loss, claim, expense or costs in relation to any unauthorized use of Your credit card number or any misappropriation of payments due to use of any Service on the Website.
8.6 Star Web Designers does not warrant that the Service will be uninterrupted, timely, secure, or error free; nor does Star Web Designers 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 the Service.
8.7 Star Web Designers clarifies that there is no warranty of title, authority or non-infringement in the Service. Star Web Designers makes no representations or warranties, either express or implied that the research, development, marketing, distribution, use or sale of the Service will not infringe any patent, copyright or other right of any third party.
8.8 Star Web Designers makes no warranty regarding any service obtained or purchased through or from any other service provider to whom Star Web Designers has provided a link through the Service or any transactions entered into through the Service.
8.9 Star Web Designers will not be liable for any virus that may enter your computer / computer system as a result of Your use of the Service. Star Web Designers makes no guarantee to You or third parties that the Service would be virus free. Star Web Designers will not be liable for any direct, incidental or consequential loss, which may be caused to You as a result of Your use of the Service.
8.10 In the event the server or the Domain Name Server may need to be changed, reconfigured, upgraded or for any similar reason there is any delay, loss or damage to, the Service, or any data or information it is agreed that Star Web Designers will in no circumstance be held responsible or liable for any such loss, delay or damage to You or to the Services. It is agreed that such events as mentioned above may cause You some inconvenience and/or damage, but at no point of time will You hold Star Web Designers responsible for the inconvenience or damage caused to You.
8.11 Star Web Designers shall be neither responsible nor liable for any deficiency that may be caused to Your Service or any external pointing service that may be caused due to the change of Your RD for any reason whatsoever. In the event You are planning of changing Your RD then You undertake to furnish this RD to Star Web Designers at least thirty (30) days in advance of the days in which You are planning to make the actual changes to Your RD and Star Web Designers is to be given at least thirty (30) days before which Star Web Designers is to make the required changes in order to provide You with the Service.
8.12 Star Web Designers shall not be held responsible for any loss or damage caused to You because of the actions of any employee or any person who acts beyond his/her authority and who may be associated with Star Web Designers now or in the future and who may have access to RD relating to You.
8.13 Star Web Designers shall at all times comply and cooperate with any government agency so authorized by the Government of India to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource in Star Web Designers’ possession.
8.14 Star Web Designers is not liable to keep any back up of the information provided by You to Star Web Designers or loaded on the web space provided by Star Web Designers. You will be solely responsible for the file backup. At no point of time we Star Web Designers be responsible for any data loss.
8.15 Star Web Designers makes no representation or warranty that the content available on the Website or the Services are appropriate in every country or jurisdiction, and access to the Website or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the Website or the Services are responsible for compliance with all local laws, rules and regulations.
8.16 The Service is provided on “AS IS” and “AS AVAILABLE” basis. You agree to use the Service at Your sole risk, responsibility and liability. Star Web Designers shall not be liable for any action taken by You based on or relying on the information provided in or by the Service.
9. TERM / RENEWALS
9.1 This Agreement shall be for a period of one (1) year unless otherwise specified in the SRF. The Term will get renewed for period of one (1) year automatically unless You inform Star Web Designers in writing at least one (1) month prior to expiry/renewal date of Your intention not to continue with the Service.
9.2 If Renewal is not confirmed (via Live-support or email), Star Web Designers has the right to disable/suspend the Services and Star Web Designers may contact the end user for direct renewal.
9.3 The payment for the Renewal should be done at the time of the confirmation of the Renewal of the service.
10. LIMITATION OF LIABILITY
10.1 You agree that Star Web Designers, its employees, directors, etc, shall not be liable for any direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data, business interruption, loss of privacy, or any other pecuniary loss) resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for cost of procurement of substitute goods and repair & correction services or resulting from the Service subscribed to or obtained or messages received or transactions entered into through or from the Service or resulting from unauthorized access to or alteration of Your transmission or data, even if Star Web Designers has been advised of the possibility of such damages.
10.2 You agree that Star Web Designers , its employees, directors shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damage, loss, claim, expense or costs, (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data, business interruption, loss of privacy, or any other pecuniary loss) resulting from
10.2.1 your inability to use the Service;
10.2.2 interruption, suspension or termination of Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
10.2.3 non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment.
10.2.4 any unauthorized use of your credit card number or any misappropriation of payments due to use of any Service on our Web site.
10.2.5 any virus that may enter your system as a result of you using the Service.
10.2.6 actions of any employee or any person who acts beyond his/her authority and who may be associated us now or in the future and who may have access to Registration Data relating to you.
10.2.7 delay or interruptions in access to our website or domain name registration system or the services;
10.2.8 data non-delivery or mis-delivery between us and you;
10.2.9 unauthorised use of your account or of the Services;
10.2.10 errors, omissions or mis-statements;
10.2.11 processing of updated information to the your registration records;
10.2.12 failure for whatever reason to renew the your domain name registration;
10.2.13 force majeure events.
10.3 In no event will our entire liability for any claim, whether in contract, tort, or any other theory of liability, exceed the greater of the amount actually paid by you for subscribing to the Service, if applicable, or Rupees 100.
11. Representation And Warranties
Each Party hereby represents and warrants that:
11.1 it has all requisite power and authority to execute, deliver and perform this Agreement and the terms and conditions contained herein;
11.2 this Agreement has been validly executed and delivered and constitutes a legal, valid and binding obligation on either Party;
11.3 the execution, delivery and performance of this Agreement does not in any way conflict or violate any provision of law, rule, judgment, order or any other contract applicable to such Party;
12.1 You agree to protect, defend, indemnify and hold harmless Star Web Designers and its officers, directors, employees, and agents, from and against any and all claim, demand, 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 Star Web Designers, directly or indirectly, due to or arising out of : (a) Your use of the Website, Services; (b) violation of this TOS or the policies which are referred in this TOS, any intellectual property or any other right of any person or entity by you; (c) the violation or due to the or any acts or omissions of any of the terms and conditions of this TOS or the agreement between You and the end user; (d) Your violation of any third-party right.
12.2 The indemnification obligations under this clause shall survive any termination or expiration of this TOS or Your use of the Webssite or the Services.
13. TERMINATION AND CONSEQUENCES
13.1 If You violate any of the terms of the TOS or Star Web Designers has grounds to believe that You have violated any term of this TOS, Star Web Designers may at any point of time, with or without sufficient cause either temporarily or indefinitely terminate Your access to the Service or any part thereof without waiving any other rights.
13.2 It is agreed that in the event Star Web Designers terminates Your Service because You do not make the payments (as specified in the Service Registration Form) on a timely basis, Star Web Designers has the right to suspend the Service immediately and take such other steps as may be permissible.
13.3 If You provide any information that is untrue, inaccurate, not current or incomplete, or Star Web Designers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Star Web Designers has the right to suspend or terminate the Service (or any portion thereof).
13.4 Star Web Designers has the sole discretion to discontinue the Service indefinitely if in its opinion Your website is the cause of any activity that could adversely affect Star Web Designers in or its Services in any way.
13.5 You agree that Your sole remedy under this TOS is cancellation of the Service.
14.1 Assignment: Except as otherwise expressly provided herein, the provisions of this agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to our Articles, Bylaws or policies. 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.
14.2 Confidentiality: You come into possession our proprietary and confidential information (‘Confidential Information’). You shall at all times keep Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of, all Confidential Information. You shall not at any time,without our prior written approval 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 only on need to know basis and you shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof. You shall not modify or remove any confidentiality legends and/or copyright notices appearing on any Confidential Information.
14.3 You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this Agreement/TOS or use of this Web site.
14.4 If any part of this Agreement/ TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.
14.5 This Agreement/ TOS constitutes the entire agreement between us with respect to this Web site and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between us with respect to this Web site and Service.
14.6 Force Majeure: Neither Party shall be liable to the other Party for any loss or damage resulting from any cause beyond its reasonable control or from any act of God (‘Force Majeure Event’).
14.7 Delays Or Omissions; Waivers: No failure on the part of any party to exercise any power, right, privilege or remedy (Right) under this Agreement/ TOS, and no delay on the part of any Party in exercising any Right under thisAgreement/ TOS, shall operate as a waiver of such Right; and no single or partial exercise or waiver of any such Right shall preclude any other or further exercise thereof or of any other Right. No Party shall be deemed to have waived any claim arising out of thisAgreement/ TOS, or any Right under thisAgreement/ TOS, unless the waiver of such claim or Right is expressly set forth in a written instrument duly executed on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any of the provisions of thisAgreement/ TOS shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed.
15. OWNERSHIP AND USE OF DATA
You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the Database, and all information and derivative works generated from the Database.
Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
16. JURISDICTION & ATTORNEY’S FEES
This Agreement/ TOS is governed by the laws of the Republic of India. You consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Web site or Service. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of this TOS, including without limitation, this paragraph. However, in respect of domain name dispute, the Domain Name registration shall be governed by the then current law or as the came may be policies of ICCAN or DOTIN REGISTRY or any other applicable registry.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
THE FOLLOWING TERMS ARE ESPECIALLY FOR THOSE PERSONS AND ENTITIES WHO MAY BE RESELLING THE WEB SPACE THAT THEY ACQUIRE FROM STAR WEB DESIGNERS TO A THIRD PARTY. THE RESALE OF ANY WEB SPACE SUPPLIED TO YOU CAN ONLY BE DONE AFTER OBTAINING STAR WEB DESIGNERS. PRIOR WRITTEN APPROVAL AND AFTER HAVING MADE PAYMENTS IN ACCORDANCE WITH THE SRF AND THE TOS.
17. TERMS FOR RESELLERS
17.1 Star Web Designers agrees to supply You with the amount of web space as purchased and as specified by You in the SRF. Additional space is available and prices for the same will be as published at the time of request.
17.2 You shall ensure that the end user agrees to comply and complies with all the applicable of the TOS hereinabove 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.
17.3 You will notify the end user that in the event of any infringement or violation of any of the TOS and he/she will be required to take remedial action within a period of forty eight (48) hours. be available unless You subscribe for the same separately.
17.4 You hereby agree that the charges that You are required to pay for the Services shall include the applicable taxes and duties and that Star Web Designers is entitled to recover from You all the charges that ought to have been recovered for Services rendered to You as per this clause, but have not so recovered.
17.5 Any decision relating to web space hosted by Star Web Designers is to be made by Star Web Designers and is final.
17.6 You and the end user are responsible to Star Web Designers s for retaining copies of their files, as Star Web Designers does not guarantee that an updated backup will be available. Back up may not be available unless you subscribe for the same separately.
17.7 You hereby agree that the charges that you are required to pay for the Services shall include the applicable taxes and duties and that we are entitled to recover from you all the charges that ought to have been recovered for Services rendered to You as per this clause, but have not so recovered.
17.8 Any decision relating to space hosted by us is to be made by us and is final.
Web Hosting Services
The Service provides the ability to publish a World Wide Web site (a “User Web Site”). Star Web Designers may, from time to time, offer basic User Web Sites for free. You agree and acknowledge that Star Web Designers may place advertising banners into any such free User Web Sites. You further agree and acknowledge that Star Web Designers allows only one User Hosting Service per domain name.
Your right to use the Service is personal to you. If you transfer your domain name record to a third party registrar or registrant, or allow your domain name registration to expire, you may no longer be able to use the Service. In addition, we may, in our sole discretion, choose not to transfer the Service to another customer or to another domain name residing at http://starwebdesigner.com
When you sign up for the Service, you may receive an email or instructions from Star Web Designers advising you to configure your domain name to an IP address for your account. Once you configure your domain name to such IP address and until you publish your Web site, your domain name will resolve to a Star Web Designers “Coming Soon” Web page, which informs visitors that you recently ordered hosting services from Star Web Designers and have a Web site under construction. The Coming Soon Web page may be modified at any time by Star Web Designers without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Star Web Designers and third parties. If, for any reason, you do not wish to have your domain name resolve to a Coming Soon Web page, you will need to either publish your own Web site or change the IP address associated with your domain name.
Data Storage and Transfer Fees
All hosting plans are subject to storage and transfer limitations. In the event usage of the Service exceeds the allotted limits for a plan, you are responsible for all charges related to such excess stored data or transfers. In the event that you do not pay any applicable overage fees, Star Web Designers reserves the right to suspend or disable your account until such fees are paid.
The storage space allotted to your web site from any and all of Star Web Designers services can only be used for traditional or conventional web site content which must be “live” content and available on your published Web site. As an example and not limited to this example, this storage space must not be used for archiving or storing files of any type and you must not have any copyrighted material posted nor can there be any material posted for download through other web sites.
You will have the ability to upgrade the Service at any time during the term of your Service. Such upgrade will take effect immediately. For any upgrade in package level, you will be charged a pro-rata amount for the higher-level Service based on the number of days remaining in the term. Downgrades in Service are not available.
Cancellation and Termination
If you cancel the Service before the end of the term, you will have access to the Service for the remainder of the term for which you have prepaid. When your Service expires or is terminated, or your domain name expires, your User Web Site will cease resolving on the Internet, you will no longer have access to the Service, and all information and Content contained therein will be deleted. Http://starwebdesigner.comaccepts no liability for such deleted information or Content.
User Web Site Content
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The following is a non-exclusive list of activities prohibited under the terms of this Annexure in addition to the terms in main Agreement.
- Violating any local, state, national or international laws;
- Engaging in or promoting gambling;
- Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or drug, where prohibited by local, state, national or international law;
- “Stalking” or otherwise harassing another;
- Collecting or storing personal data about others without their consent;
- Advocating, promoting, or providing assistance in carrying out violence or physical harm against any persons, nations, groups, entities or animals, including providing instructions on how to assemble explosive devices or other weapons, describing or displaying a weapon, parts of weapons or manuals for assembling any weapon, or promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property;
- Exporting software or technical information, including encryption software, in violation of international export control laws;
- The use of your User Web Sites as storage for remote loading or as a door or signpost to another home page;
- The impersonation of any person or entity, including, but not limited to, a Http://starwebdesigner.com official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Removing, modifying or hiding any of the advertising banners inserted into your User Web Sites;
- Any resale or any exploitation for any commercial purposes of the Service by any and all means unless approved in advance in writing by Star Web Designers; and
- Advertising, transmitting, offering for sale or otherwise making available any software, program, product, service or information that is designed to violate terms (a) through (u) above, or that Http://starwebdesigner.com determines, in its sole discretion, is inappropriate for sale through the Service provided by Star Web Designers
- Data must not be used for archiving of any file type and you must not have any copyrighted material or any other material posted for download through other web sites.
Domain Name and Registration Services
This service will be governed by Domain RRA. The terms will be in addition to MSA.
Email Hosting Services
Star Web Designers mail service provides Users with the capability to send and receive electronic mail. Customer may manage the Mail services from the Licensed Software, account management tool or the Custom Site.
We may allow you to use our SMTP Servers for mail relaying. However, mass/bulk mailing is not allowed. In case of overloading, we reserve right to refuse SMTP Services to you.
The SpamGuard is add-on service provided with every e-mail account. The Spamguard Service prevents and blocks unsolicited and / or inappropriate emails from persons sending e-mail to you (.Senders.). While we take every reasonable effort to provide a smooth-running service, we do not guarantee that the Service will be error-free, secure or uninterrupted
Web and Email Forwarding
We may provide this Service free of cost or at additional charges as may be specified by us at the relevant time.
Our redirection services allows subscriber to redirect/forward their domain name to any other Webspace Address/URL (including Sub-directories and IP Addresses). You (subscriber) acknowledge and agree that Subscriber is responsible for any Web and Email Redirection/Forwarding set and will be responsible for any misuse and claim made by any parties. Star Web Designers (and related companies) are not responsible and liable to any such claims of misuse and loss incurred (or of any other nature) by any party (including any third party). This Service may be provided by us free of cost or at additional charges as may be specified by us at the relevant time.
Managed Domain Name Servers
‘Managed DNS Services” includes
- Zone record management, to add, delete or modify DNS records such as A, CNAME, and MX records;
- Domain forwarding, to forward one domain name to another;
- Sub-domain forwarding, to forward a subdomain to another domain;
- URL framing, to forward a domain to another domain while keeping the URL static;
- Domain templates, to point a domain name to parked, .for sale,. .coming soon,. or similar standard web pages;
- Subdomain delegation, to delegate authority of a subdomain to another user; and
- Secondary DNS, to allow Customer and Users to create a back up zones for their primary DNS Service using Star Web Designers nameservers.
This Service may be provided by us free of cost or at additional charges as may be specified by us at the relevant time.
Star Web Designers may offer certain digital security services, including, without limitation, QuickSSL, QuickSSL Premium, Rapid SSL, (collectively, “Certificate Services”). Customer agrees that if Customer chooses to resell http://starwebdesigner.com digital certificate services, Customer will bound by the terms and conditions of Starwebdesigner.com Agreement, as modified by Starwebdesigner.com from time to time, and which is incorporated herein and made part of this Agreement by reference.
Star Web Designers reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password for their dedicated server on file to prevent downtime from forced password resets. Star Web Designers reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@Starwebdesigner.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
When we assign a Dedicated Server to you following provisions shall apply:
You shall manage the Dedicated Server assigned to you. OR
We shall manage the Dedicated Server if you want us to manage the same and we shall install our own software on the Dedicated Server. You shall not get root access and complete management of the Dedicated Server is done by us. However, complete server resources can be used by you including chat rooms etc. In case, if you installs any software or asks us to install any software, the software license must be purchased by you. We will not be responsible and you shall take the responsibility for pirated software or software without license and you shall indemnify us in respect of any consequences arising out of use of such pirated or unlicensed software.