|
Acceptance Of Terms
The services that IGZORT Technologies "igzort.com" (herein referred to as IGZORT) provides to you are subject to the following Terms of Service (herein referred to as TOS). IGZORT reserves the right to update the TOS at any time without notice to you.
Web Hosting | Domain Name Registration
Notice Specific To Software Available On This Web Site
Any software that is made available to download from the Products / Services (Software) is the copyrighted work of IGZORT and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, IGZORT hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, IGZORT may make available as part of the services or in its software products, tools and utilities for use and/or download. IGZORT does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in IGZORT software products.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Documents specified above do not include the design or layout of the IGZORT.com website or any other IGZORT owned, operated, licensed or controlled site. Elements of IGZORT websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any IGZORT website may be copied or retransmitted unless expressly permitted by IGZORT.
IGZORT and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. IGZORT and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall IGZORT and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. IGZORT and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Notices Regarding Software, Documents And Services Available On This Web Site
In no event shall IGZORT and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
Member Account, Password And Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify IGZORT immediately of any unauthorized use of your account or any other breach of security. IGZORT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by IGZORT or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any IGZORT server, or the network(s) connected to any IGZORT server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any IGZORT server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Web Hosting
99.99% Server Uptime Guarantee
IGZORT guarantees that your website will be up and running at least 99.99% of the time during any 12-month period. This guarantee includes, server uptime, web server and service uptime. It does not cover any areas where IGZORT has no direct influence, such as backbone provider failures, network uptime, fibre-optic main line cuts, DNS or Registrar issues with client's domain name, routing issues between client location and IGZORT's data center, DLLSTX4, The Planet, Texas, USA. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that IGZORT cannot directly influence.
Prohibition of Adult Content
Client's of IGZORT's services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
Fair-Use of Resource Assignment
IGZORT offers a great amount of disk space and unlimited other resources, such as email or FTP accounts, with certain plans. The intention of IGZORT is to provide a large amount of space and resources for our client's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the fair-use of resources among client's has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of IGZORT. If a Fair-Use breach occurs, IGZORT may have to remove files from the client's account in order to restore full serviceability to other client's affected by the breach. In any case, the client will be notified of any actions that IGZORT may have to take.
SPAM and Unsolicited Commercial Email (UCE)
IGZORT takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Client's of IGZORT may not use, or permit others to use, our network to partake in UCE distribution. Client's of IGZORT may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, IGZORT will initiate an immediate investigation. During the investigation, IGZORT may restrict client access to the network to prevent further violations. Client will thereafter be advised of the situation. If a client is found to be in violation of this TOS, IGZORT may, at its sole discretion, unilaterally restrict, suspend or terminate the violating client's account. Further, IGZORT reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. IGZORT will notify law enforcement officials if the violation is believed to be a criminal offense.
Bandwidth and Disk Usage
Client agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the client ("Agreed Usage"). IGZORT will monitor client's bandwidth and disk usage. IGZORT shall have the right to take corrective action if client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in IGZORT's sole and absolute discretion, at any time deemed necessary by IGZORT. If IGZORT takes any corrective action under this section, client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, client will be warned of approaching or exceeded resource limits via email by IGZORT's automated notification system.
Backup
As a courtesy, IGZORT maintains a backup service for client on most shared hosting accounts.
IGZORT will make every reasonable effort to protect and backup data for Client on a regular basis. Cpanel backups are done weekly to a second hard drive and also backups are made once a week to another separate server. However, IGZORT does not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible. Client agrees that there are no guarantees that server backups will work correctly and responsibility lies with the client to make and keep backups on their cpu/computer system. There are backup utilites in cpanel and client can always backup data easily. IGZORT cannot be held responsible and shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
There is a one time fee of Rs. 1200 for an IGZORT Administrator to retrieve client's individual back-up files.
Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Server abuse also includes the presence of insecure scripts or poorly written code on the client's website which can cause the server to be compromised and affect the security and/or performance of other sites on the server. Possible causes for server abuse include, but are not limited to the excessive use of: PHP,CGI, Perl, Sendmail, Exim, MySQL, HTTP, Mailman, SMTP, POP3 and FTP. Upon detection of server abuse, IGZORT has the right to suspend your Account. The specific script, website or database under the account will only be resumed once the client has corrected the problem and convinced IGZORT that the abuse will not occur again. IGZORT will endeavor to provide prior notification before carrying out any such action but may do so without any such notification, in its own discretion.
Payment
Establishment of this service is dependent upon receipt of payment of stated charges by IGZORT. Subsequent payments are due on the anniversary date of the option selected in the billing cycle.
Failure to Pay
IGZORT may temporarily deny or terminate service upon the failure of the client to pay the charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.
Account Cancellation
A client may cancel his account at any time online. If requesting a cancellation, we ask that client to briefly explain the reasons for doing so, as well as any suggestions on how IGZORT could improve service.
Client Acknowledgement
Client acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of IGZORT and that damages resulting from any interruption of service are impossible to ascertain. Therefore, client agrees that IGZORT shall not be liable for any damages arising from such causes beyond the direct and exclusive control of IGZORT. Client further acknowledges that the IGZORT's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by client for services during the period damages occurred. In no event shall IGZORT be liable for any special or consequential damages, loss or injury.
Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to IGZORT's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not co-operative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On client request, nameserver change of domain names is done by IGZORT on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration's registrar.
Network
IP Address Ownership
If IGZORT assigns a client an IP address for use with the subscription, the right to use that IP address shall belong only to IGZORT and the client shall have no right to use that IP address except as permitted by IGZORT. IGZORT shall maintain and control ownership of all IP numbers and addresses that may be assigned to client's by IGZORT. IGZORT reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
System and Network Security
Client's or any network users are prohibited from violating or attempting to violate the security of IGZORT's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. IGZORT will investigate occurrences which may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting client's who are involved in such violations. These violations include, but are not limited to:
- Accessing data not intended for such client or logging into a server or account, which such client is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any client, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which client is not entitled.
Notification of Violation
IGZORT is under no obligation or duty to constantly view each client's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. IGZORT will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other client's. If a client is found to be in violation, the following steps are taken:
- First violation: Any Client, which IGZORT determines to have violated any element of this TOS shall receive an email warning them of the violation. Client's service is subject to a temporary suspension at IGZORT's discretion pending a client's agreement in writing to refrain from any further violations.
- Second violation: Client's, whom IGZORT determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: IGZORT reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the client. IGZORT will contact the client as soon as it is feasible.
Suspension of Service or Cancellation
IGZORT reserves the right to suspend network access to any client if in the judgment of IGZORT, the client's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which IGZORT deems necessary.
If inappropriate activity is detected, all accounts of the client in question will be deactivated until our investigation is complete. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client may not be credited for the time the client's machines were suspended if the client is found to be at fault.
Miscellaneous Provisions
Client must provide IGZORT real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
- IGZORT takes no responsibility for any material placed on its network by others. IGZORT is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. IGZORT disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- IGZORT's client's are not permitted to run IRC servers
Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, client agrees that IGZORT may disclose any and all client information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the client.
Domain Name Registration
This Registration Agreement, ("Agreement"), sets forth the terms and conditions agreed to between you (whether directly or through your agent, or as an agent for another person or entity), and IGZORT Technologies, relating to the registration, renewal, transfer, or modification of one or more .com. .net, .org, .info, .biz, .name, .us or .in Top Level Domain Name ("TLD's") in both roman-alphabet languages and non-roman alphabet languages (e.g. Japanese, Korean, Chinese Traditional and Chinese Simplified). In this Agreement, "Registrar", "we", "us", and "our" shall refer to IGZORT and "Registrant", "you", "your", or "Customer" shall refer to the person or entity that is using IGZORT registration services.
You (whether directly or through your agent, or as an agent for another person or entity) acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this Agreement.
Fees
You agree that upon submission of your domain name registration application, domain name renewal application, or registrar transfer application, to pay us our then current service fees as set forth in our price schedule. We reserve the right to prospectively change our fees or to institute new fees at any time, for any reason, at our sole discretion and you agree to be bound by any fee increase. You agree to pay all value added, sales and other taxes (other than taxes based on IGZORT’s income) related to IGZORT’s services or payments made by you hereunder.
a) Fees are Non-Refundable. All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
b) Renewal Notice and Fees.
You will be notified via email that renewal fees are due at least thirty (30) days prior to the expiration date of a domain name registration. You will receive additional notifications as the expiration date approaches. All emails will be sent to the email address of the domain name account holder and the billing contact. You are required to keep the email address of the domain name account holder and the billing contact current. We are not responsible for the loss or misdirection of the email expiration notices, including but not limited to, emails lost due to an invalid email address in our system, a spam filter on the mail server, or any other impediment to delivery. Emails are sent as a courtesy only, the responsibility of renewing a domain lies solely with the account holder and/or registrant of the domain. Any renewal of our services is subject to our then current terms and conditions, the payment of all applicable service fees at the time of renewal, and the domain name registry's acceptance of the renewal of your domain name registration.
5 days prior to expiration, your domain will be placed on hold status, in preparation for release. This will result in websites and email not resolving for those 5 days. After this period, should you fail to renew or cancel your domain name registration by the expiration date, your domain name registration shall AUTOMATICALLY EXPIRE and you shall lose all rights in and to the expired domain name. Expired domain names are routinely deleted on a regular basis. There is no grace period and under no circumstances will IGZORT be able to renew the domain after the automatic expiration.
Although you will no longer be able to renew your expired domain name, you can attempt to re-register the expired domain name.
c) Credit Card Charge Backs.
In the event of a charge back by a credit card company or other non-payment by you in connection with your registration, renewal, or registrar transfer fee, you acknowledge and agree that the domain name registration shall be transferred to IGZORT, that IGZORT shall be deemed the entity that paid the registration, renewal, or transfer fee, and that IGZORT shall have all rights regarding such domain name including, but not limited to, the right to sell the domain name to a third party. IGZORT may, in its sole discretion, reinstate your domain name registration upon its receipt of the registration or renewal fee and a Rs. 500 reinstatement fee.
Registration of Information
You acknowledge and agree that in order for us to provide you domain name registration and related services, you must provide us with certain information and that we will maintain certain information about you and your registration.
a) Required Information
During the domain name registration process, you must provide us the following ICANN required information:
- The domain name being registered;
- The IP addresses and the names of the primary nameserver and the secondary nameserver for the domain name;
- Your full name (or the name of the authorized person for contact purposes if the domain holder is an organization, association, or corporation), postal address, email address, voice telephone number, and fax number (if available) of the administrative contact for the domain name;
- The full name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name.
You acknowledge and agree to immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name.
You also acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, we, in our discretion, may not renew your registration.
b) Additional Registration Information
In addition to the information you are required to provide in clause (b) of this Agreement, we maintain additional information relating to your domain name registration, including:
- the original creation date of a domain name registration, renewal or request for service;
- the submission date and time of a registration or renewal application to us and by us to the appropriate registry;
- communications constituting registration orders, renewals, modifications, or terminations and related correspondence;
- records of account, including dates and amounts of all payments;
- the expiration date of the registration; and
- other information regarding all other activity between you and us regarding your domain name registration and related services.
c) Disclosure of Third Party Information
If in applying for the registration of a domain name you are providing information about a third party, or if you license a domain name registered in your name to a third party, you hereby represent and warrant that you have
- provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and;
- that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
d) Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions or in-actions shall constitute a material breach of this Agreement and shall be a sufficient basis for cancellation of your domain name registration:
- your willful provision of inaccurate or unreliable information;
- your willful failure to promptly update information you provided to us, or
- your failure to respond for over ten (10) calendar days to our inquires concerning the accuracy of contact details associated with your domain name registration.
e) Disclosure and Use of Information
IGZORT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.
ICANN requires all accredited domain name registrars to make domain name registration information available in bulk form to third parties who agree not to use it to (i) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (ii) enable high volume, automated, electronic processes that apply to our systems to register domain names.
You acknowledge, consent and agree that the information you provided IGZORT in the domain name registration application will be: (i) transmitted to the registry or registry administrator for registry use; (ii) made publicly available as required by ICANN; and (iii) used by IGZORT for inclusion in databases produced and used by IGZORT.
We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement.
Except for the ICANN required third-party bulk access, IGZORT does not sell or intend to sell access to the information it collects and maintains during the domain name registration process.
Dispute Process
The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service
Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant’s use of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s prior approval.
Registrar may not allow the Registrant to make changes to such Order until:
- Registrar is directed to do so by the judicial or administrative body,or
- Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.
Registrar Transfer
Registrant agrees that it can transfer one or more domain name registration, in accordance with ICANN or registry policy, from or to IGZORT. Registrant also acknowledges and agrees that express authorization from someone with apparent authority to legally bind the domain name holder is required before such a transfer can occur. You can authorize the transfer of a registration to IGZORT by completing the Registrar Transfer Application.
You agree that you shall not transfer your domain name registration until sixty (60) days have elapsed from the time of initial domain name registration or renewal. You agree that the transfer of domain name registrations may be refused if there is a dispute concerning the domain name or the domain name holder's identity. You further agree that you shall not transfer your domain name registration to another registrar if there are ten (10) days or less remaining on your registration term.
Ownership Change
You may transfer your domain name registration to a third party of your choice. You agree that in the event you request the transfer of your domain name ownership, you shall relinquish the domain name registration being transferred, release IGZORT from all of its obligations under this Agreement, and release IGZORT from any and all liabilities, demands, and claims related to such a transfer of domain name ownership. This can be accomplished through the Domain Manager free of charge.
No Guarantee of Registration, Renewal or Immunity from objection
You acknowledge and agree that IGZORT cannot guarantee that you will be able to register or renew a desired domain name because our ability to provide services to you depends in part upon the provision of services by third parties, such as a registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, a registry may reserve the right to deny, cancel or transfer any domain name registration under certain circumstances or there may be inaccuracies or errors in the various WHOIS databases. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties.
You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
Ownership of Information
You acknowledge and agree that IGZORT owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases.
Representations and Warranties
You represent and warranty to us that (i) the statements that you made in connection with the registration, renewal, management, or transfer of a domain name are complete and accurate, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief, neither the registration of the domain name for which you have applied for, renewed, managed, or transferred nor the manner in which you intend to use the domain name you applied for, renewed, managed, or transferred, directly or indirectly infringes upon or otherwise violate the legal or equitable rights of any third party; (iii) it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights; (iv) you are not registering, renewing, managing, or transferring the domain name for an unlawful purpose and you will not knowingly use the domain name in violation of any applicable laws or regulations; (v) you are of legal age to enter into this Agreement; (vi) you agree to comply with all applicable laws and regulations and (vii) you agree that your use of our service(s) is solely at your own risk and that all of our services are provided on an "as is," and "as available" basis;
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any IGZORT services provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, IGZORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IGZORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF IGZORT's SERVICES OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, then IGZORT's liability for consequential or incidental damages in such jurisdiction is excluded or limited to the extent permitted by law.
We disclaim any and all loss or liability to you, or any other person or entity, resulting from, but not limited to: (a) Suspension, loss, or modification of your domain name registration; (b) Use of your domain name registration; (c) Interruption of your business; (d) Access delays or access interruptions to any web sites accessed by your registered domain name; (e) Non-delivery, mis-delivery, corruption, destruction or other modification of data; (f) Processing your domain name application or other service application; (g) Application of our Dispute Policy or any other ICANN (or similar governmental or successor organization) adopted policies; (h) Any errors, omissions or other actions by the registry administrator arising out of or related to your domain name application, registration, renewal, transfer, or failure to register, renew, or transfer a domain name; (i) Unauthorized use or misuse of your Account Name or Password; (j) Our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration, renewal, or transfer fee; (k) Deletion of or failure to store e-mail messages; or (l) Acts of God and events beyond IGZORT's reasonable control;
Indemnification
You agree to release, indemnify, defend and hold harmless IGZORT and the applicable registry administrator and their directors, officers, employees, agents, and affiliates from and against any and all claims, loss, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of any and all third party claims, actions, suits, or demands that are related to or arise out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (b) the IGZORT services or your use of such services; (c) any intellectual property or other proprietary right of any person or entity. This indemnification is in addition to any indemnification required under the Dispute Policy or any similar policy. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
Cancellation, Suspension, Transfer or Modification
You agree that we may cancel, suspend, transfer or modify your domain name registration services in order to: (i) correct mistakes made by us or the registry in registering or transferring your chosen domain name; (ii) to resolve a dispute under our Dispute Policy; (iii) to abide by any ICANN or registry adopted policy; or (iv) prevent high volume, automated, electronic, repetitive queries except as reasonably necessary to register SLD names or modify existing registrations. If your registration is cancelled as a result of IGZORT correcting a mistake made by us in registering your chosen domain name, we will refund, in whole, any fees paid by you to IGZORT.
You also agree that IGZORT has the right to suspend, cancel, transfer, or otherwise modify a domain name registration pursuant to a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer, or modification of the domain name registration.
You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the IGZORT service, if applicable.
Breach and Revocation
You agree that we reserve the right to cancel, suspend, transfer or modify your domain name registration or other services if you (i) materially breach this Registration Agreement and do not cure such breach within 30 calendar days of notice; (ii) provide false or misleading information, or conceal or omit any information that we would likely consider material to our decision to register or renew your domain name; (iii) use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws; or (iv) you use your domain name in connection with unlawful activity.
Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
Notifications
All notifications to the client will be sent by electronic mail (email). It is the responsibility of the client to ensure his or her email address is valid at all times. IGZORT will not be responsible if client fails to receive any email IGZORT attempted to send.
Support Help
IGZORT provides technical support to its client's. We limit our technical support to our area of expertise. The following is our guideline when providing support: IGZORT provides support related to your service plan's features physical functioning. IGZORT does not provide technical support for the client's customers. If you are able to get online and have other questions, the answers may be on our FAQ documentation manual. We encourage you to check there first.
Protecting Your Information
While IGZORT is committed to protecting your personal information, no data transmission over the Internet can be guaranteed to be 100% secure. You are solely responsible for maintaining the secrecy of any passwords you set up and/or any account information.
Privacy And Protection Of Personal Information
See the Privacy Policy Statement disclosures relating to the collection and use of your information.
Applicable Law
This TOS is subject to the governing laws of the Government of India. Courts of competent jurisdiction in Mumbai, Maharashtra shall hear and decide any disputes.
Copyright Notice
© 2006 IGZORT Techonologies, All Rights Reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
|