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MIZOHOSTING

TERMS OF SERVICE

General Statement

This Web Hosting Agreement ("Agreement") sets forth the terms and conditions governing customer use of MIZOHOSTING for web hosting services. When you agree to these terms and conditions, you (the “client” and/or “customer”) agree to comply with all applicable laws, rules and regulations of India and you certify that you are at least 18 years of age.

PLEASE READ THIS AGREEMENT CAREFULLY

WHEN YOU APPLY BY ANY LEGITIMATE WAY FOR THE SERVICES OF MIZOHOSTING, THIS CREATES A CONTRACT BETWEEN YOU (THE CUSTOMER) AND US (MIZOHOSTING), CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING ANY TERMS OF SERVICE (TOS) AND ANY ADDITIONAL AGREEMENTS YOU SIGN WITH MIZOHOSTING. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

When you order any service from MIZOHOSTING and you are a MIZOHOSTING Account Holder, this means that you have already read and agreed to be bound by all terms and conditions of this Agreement and any policies that have been published by MIZOHOSTING, in addition to any policies published by MIZOHOSTING in the future.

MIZOHOSTING reserves the right to deny service to anyone. MIZOHOSTING may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered.

You will be bound by the modified Agreement, prices and/or policies of MIZOHOSTING if you continue to use the services of MIZOHOSTING. Customers who have paid in advance for services will not be affected by any price changes until their term is up.

1. Scope of Services and Customer Obligations

1.1. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets, and applications ("Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials function properly and as intended. You are responsible for the results of all activity originating from your website unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that a third party puts onto MIZOHOSTING. Use of MIZOHOSTING Services requires a specific level of knowledge of the use of Internet languages, protocols, and software. This Internet knowledge can vary depending on your anticipated use and the desired content of your website. Such knowledge includes, but is not limited to, the following:

  1. • Web publishing requires knowledge of HTML, properly locating and linking documents, FTP’ing web contents, graphics, text, sound, image mapping, etc.;
  2. • FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability;
  3. • CGI-scripts require knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, .htaccess, .htpasswd, permissions, etc.;
  4. • Mail requires knowledge of the use of email clients to receive and send email, etc.

By agreeing to this agreement you confirm that you have the necessary knowledge to create, modify and maintain your website. MIZOHOSTING assumes no responsibility for providing you with such knowledge. If you wish MIZOHOSTING to analyze any of your code/data, then MIZOHOSTING may charge you at the current development/consulting rate.

1.2. In connection with the Services offered, MIZOHOSTING may provide certain tools and software for your use, including, but not limited to, specific specialty scripting software and/or specific programming language software for server management.

1.3. During the period MIZOHOSTING provides Services to you, you hereby grant to MIZOHOSTING a non-exclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use the website's trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.

1.4. MIZOHOSTING reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental requests to operate its systems properly, to protect itself or its account holders or for any other reason, in good faith, it deems necessary. MIZOHOSTING will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not MIZOHOSTING's intention that its Services or facilities be used in contravention with any other applicable law.

1.5. You agree to comply with the requirements of the Information Technology Act 2000 (“IT Act”) enforced in India along with all applicable laws, rules and regulations of India and further comply with the Digital Millennium Copyright Act (the "DMCA") enforced in the USA and followed worldwide. You acknowledge that MIZOHOSTING is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. A§§ 512. Consistent with the IT Act and the DMCA, MIZOHOSTING will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, MIZOHOSTING has a policy of terminating account holders who are repeat copyright infringers.

1.6. Websites are unmodified forums containing the personal opinions and other expressions of the people who post entries on a wide range of topics. Neither the content of websites located on MIZOHOSTING's servers nor the links to other websites are screened, approved, reviewed or endorsed by MIZOHOSTING. MIZOHOSTING is not a publisher of any of the content of the websites residing on its servers, or of any content that might be available through the links to and from the websites on its servers, and is acting solely as an Internet web-hosting service provider. Any text or other material on such websites comprise the opinions of the specific authors of the material and are not MIZOHOSTING's statements of advice, opinions or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Limited Warranty: You acknowledge that the Services are provided on an "as is" basis. Neither MIZOHOSTING nor any of its employees or agents, warrants that the Services will be uninterrupted, error-free or free from viruses and/or other harmful components. MIZOHOSTING is not responsible for and hereby disclaims any warranties, expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of the information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will MIZOHOSTING be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by MIZOHOSTING.

2.2. Limitation of Liability: You acknowledge that you are not in any way associated with MIZOHOSTING, and that the contents of your website or service provided to your customers are and will be exclusively supplied by, provided by, and edited by you, and that you are not associated with MIZOHOSTING, which is merely a hosting company that will not edit or inspect the material or data you place onto its servers.

2.3. Indemnification: You agree to indemnify, defend and hold MIZOHOSTING and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the Services, your violation of any of the provisions of this Agreement, or from your placement or transmission of any materials or content onto MIZOHOSTING's servers. Such liabilities may include, but are not limited to, those arising from the following:

  1. • with respect to your business,(i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
  2. • any damage to or destruction of MIZOHOSTING's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
  3. • any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by MIZOHOSTING's gross negligence or willful misconduct; and
  4. • any other damage arising from your equipment or your business.

3. Payment of Fees

Fees are due either monthly or annually in advance of service. You will receive an invoice by email each month on the first of the month during which your service originally commenced for the forthcoming month's service. This is your monthly billing date. MIZOHOSTING accepts the following types of payment: check/money order, debit card (VISA, MasterCard), Bank wire transfer, Fund Transfer from bank accounts.

3.1. MIZOHOSTING will send a notice of fee increases via email 30 days before such increases take effect.

3.2. You agree to provide MIZOHOSTING with accurate and complete billing information, including your legal name, address, mobile number, e-mail address, and applicable payment date, and you agree to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.

3.3. You acknowledge that MIZOHOSTING will bill your debit card prior to the Payment Interval you have chosen. You authorize automatic billing by MIZOHOSTING on an ongoing basis during the term of this Agreement.

3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent. Notwithstanding any other rights, MIZOHOSTING may have through this Agreement, all of your website contents will be destroyed if your account is delinquent for 60 days. MIZOHOSTING accounts continue to accrue charges while they are delinquent or if the Services are suspended. Customers that wish to reactivate a closed account will be assessed with INR.2000 reactivation fee. An INR.200 fee will be assessed if MIZOHOSTING restores your data files to your reactivated account.

3.5. You acknowledge responsibility for your account until payment in full is made.

4. Acceptable Use Policy

4.1. Use and Misuse of the Services:

All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure whether your planned actions would constitute an abuse, violation or misuse, please ask first by contacting: support@mizohosting.com

You are responsible for all uses of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to:

  1. • drug dealing;
  2. • attempting, without authorization, to access a computer system;
  3. • pirating (distributing copyrighted material in violation of copyright law, especially software’s, MP3s, MPEGs, ROMs, and ROM emulators);
  4. • gambling;
  5. • schemes to defraud;
  6. • trafficking in obscene material;
  7. • sending a message or displaying content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person;
  8. • threatening bodily harm or damage to individuals or groups;
  9. • violating any export restrictions;
  10. • stalking;
  11. • or violating other laws.

Linking to illegal material is also prohibited.

When MIZOHOSTING becomes aware of possible violations of this Agreement, MIZOHOSTING may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on MIZOHOSTING's servers.

MIZOHOSTING is willing to consider, of the company's own volition, complaints sent to a designated email; but any such complaint may be considered to be prejudiced if it does not contain the name, address, telephone number, and an appropriate email address of the complainant.

The above private information of the complainant shall be considered confidential and shall not be disclosed to anyone, except the appropriate authorities conducting an investigation and the employees of MIZOHOSTING who might reasonably need access to this information.

Any person submitting a false complaint or complaints that fail to meet a reasonable standard of accuracy, or that contain misleading information, shall be liable for indemnifying MIZOHOSTING for any damages caused as a result of reliance on such complaint or information.

MIZOHOSTING, by its sole discretion, will determine what action shall be taken in response to a violation on a case-by-case basis.

Violations of this Agreement could subject you to criminal or civil liability.

4.2. Use and Misuse of Materials:

Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services.

You may also redistribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services.

Examples of the prohibited material include, but are not limited to:

  1. • Threats of physical harm, excessively violent material that incites violence, threatens violence, or contains harassing content or hate speech;
  2. • Copyrighted, trademarked or other proprietary material, used without proper authorization or intended to assist others in defeating technical copyright protections, or material that clearly infringes on another persons' trademark or service mark, patent, or other property right;
  3. • Material that is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  4. • Material that is defamatory or violates a person's privacy;
  5. • Material that creates a risk to any person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  6. • Material that improperly exposes trade secrets or other confidential or proprietary information of another person or institution;
  7. • Material that promotes illegal drugs, violates export control laws, or relates to illegal gambling or illegal arms trafficking;
  8. • Material that promotes terrorism or any kind of ethnic, social or religious discord;
  9. • Material that constitutes, fosters, or promotes child pornography. Marketing a site utilizing such content, and including words such as "Kids", "Lolita", "Pedo", "Peta", "Peto", "Pre-teen", "Pedophile", "Underage", "Child", or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age, is not permitted anywhere in any venue, including the URL and meta tags;
  10. • The posting or display of any image or wording depicting or related to incest, snuff, scat or the elimination of any bodily waste on another person, mutilation or rape, anywhere on the site, including the URL and meta tags;
  11. • The posting or display of any image or wording depicting or related to bestiality anywhere on the site, including the URL and meta tags;
  12. • Material that is otherwise illegal or solicits or encourages conduct that is illegal under laws applicable to you or to MIZOHOSTING; or that is otherwise malicious, fraudulent, or could result in retaliation against MIZOHOSTING by offended viewers.

Unacceptable uses of website content also include the presence of the following programs or activities associated with these programs or activities, regardless of whether or not any actual intrusion results in the corruption or loss of data:

  1. • Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network;
  2. • Attempts to circumvent any user authentication or security of host, network, or account;
  3. • Accessing data not intended for user;
  4. • Probing the security of any network;
  5. • Spawning dozens of processes;
  6. • Port scans, packet spoofing, or forging router information; Denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop;
  7. • Promulgation of viruses; or IRC bots, such as eggdrop or BitchX.

MIZOHOSTING supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include cases such as, posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers.

Where there are allegations that your online activity has violated the legal rights of a third party, MIZOHOSTING will not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. Email Use; Bulk or Commercial E-Mail

You must comply with all applicable laws rules and regulations of India, especially with section 66A of the IT Act in regards to applicable bulk or commercial email. In addition, you must obtain MIZOHOSTINGs advance approval for any bulk email, which will not be given unless you are able to demonstrate all of the following to MIZOHOSTING's reasonable satisfaction:

  1. • Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
  2. • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
  3. • You retain evidence of the recipients' consent in a form that may be promptly produced upon request, and you honor recipients' and MIZOHOSTING's requests to produce consent evidence within 72 hours of receipt of the request;
  4. • You have procedures in place that allow a recipient to easily revoke his or her consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent must be honored within 72 hours, and you must notify recipients that their revocation of their consent will be honored within 72 hours;
  5. • You must post an e-mail address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any Web site associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  6. • You must have a Privacy Policy posted for each domain associated with the mailing;
  7. • You have the means to track anonymous complaints;
  8. • You may not obscure the source of your email in any manner. Your email must include the recipient's email address in the body of the message or in the "TO" line of the email.

These policies apply to messages sent using your MIZOHOSTING Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your MIZOHOSTING service. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers. MIZOHOSTING may test and otherwise monitor your compliance with its requirements and may block the transmission of e-mail that violates these provisions.

You may not use MIZOHOSTING email services, servers or components to send out email from other sites or services that are not hosted with MIZOHOSTING. You may not use MIZOHOSTING email services, servers or components to send out email advertisements for other sites not pertaining to the website you are hosting with MIZOHOSTING. Unacceptable uses of website content also include the presence of programs or activities associated with bulk email, regardless of whether or not any actual intrusion results in the corruption or loss of data.

4.4. System Security

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at MIZOHOSTING or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, MIZOHOSTING reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. MIZOHOSTING also will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.5. System Resources

System abuse includes any use of MIZOHOSTING resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

5. MIZOHOSTING's Right to Terminate Agreement

  1. • MIZOHOSTING reserves the right to suspend or terminate Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that MIZOHOSTING, in its sole discretion, believes violates this Agreement or is otherwise harmful to MIZOHOSTING's interests or the interests of other accountholders.
  2. • MIZOHOSTING also reserves the right to comply with the take-down provisions of the IT Act and DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
  3. • Violators of the Agreement are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by MIZOHOSTING.

6. Cancellation of Accounts

6.1. You may cancel your MIZOHOSTING account by visiting the MIZOHOSTING Client Portal. Charges for canceling accounts are not prorated on a monthly basis. No refunds are given on any accounts that are pre-paid (paid in advance) unless they are canceled within the first 7 days of the account being established.

6.2. All MIZOHOSTING accounts must be paid in full before the cancellation will be considered complete.

6.3. When canceling an account, cancellations take effect immediately and do not continue for the amount of your term left on your account. MIZOHOSTING does not give refunds for the remaining term on any account that was canceled after the charges have been billed. Customer must inform MIZOHOSTING of cancellation prior to the new billing date. Any charges incurred after the billing date and cancellation are non-refundable. It is the customer's responsibility to make sure MIZOHOSTING has an accurate e-mail address and billing information on file, so the invoices can reach you. MIZOHOSTING does not mail paper invoices or statements. Statements can be viewed and printed through client portal area.

6.4. If your account is suspended or terminated for any reason permitted by this Agreement, MIZOHOSTING may, at its sole discretion, permanently delete your website contents from MIZOHOSTING servers, and MIZOHOSTING will not be able to reopen or restore such content. If your account has been canceled or suspended due to a violation of our Terms and Conditions, no refunds will be given on any pre-paid term.

7. Governing Law

Except for MIZOHOSTING's compliance with take-down provisions of the DMCA and the IT Act, or injunctive or other equitable actions initiated by MIZOHOSTING pursuant to Section 5, if any controversy or dispute arises in connection with this Agreement, the Services or your use of MIZOHOSTING's servers, such controversy or dispute shall first be presented for resolution by MIZOHOSTING to you. If no resolution is reached within seven (7) days thereafter, then such controversy or dispute shall be resolved in accordance with the laws of the State of Mizoram, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and MIZOHOSTING will take place in Aizawl, India and the customer consents to personal jurisdiction and venue in that jurisdiction.

8. Complete Agreement and Exclusivity

The Agreement, and/or any other specific agreement for MIZOHOSTING services, constitutes the complete understanding and agreement between MIZOHOSTING and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of MIZOHOSTING, the Agreement supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This Agreement, and/or any other specific agreement for MIZOHOSTING services is between MIZOHOSTING and its customers only and will not confer any rights in any third party except as otherwise expressly provided by MIZOHOSTING.

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