BY SUBSCRIBING TO OUR SERVICES, YOU UNCONDITIONALY, UNEQUIVOCALLY, AND
INVEVOCABLY ACCEPT THE FOLLOWING TERMS & CONDITIONS AND FURTHER UNDERTAKE TO ABIDE BY THE SAME FOR ALL TIMES, FOLLOWING SERVICES CONTRACT
Live India Internet Services is a Web Presence Provider. User accounts
on our Internet servers are subject to compliance with the terms and conditions
set forth below. Under the terms of this agreement, your placement of information
Live India Internet Services servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Live India Internet Services servers.
Live India Internet Services services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Live India Internet Services, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not: Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit
any information, software, or other material obtained through the service
for commercial purposes (other than as expressly permitted by the provider
of such information, software, or other material);
You agree to indemnify, defend, and hold harmless Live India Internet Services from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly fom your use of the service which damages either you, Live India Internet Services, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content. You further agree not to hold Live India Internet Services liable for any action or damages in case of your receiving any deactivation or other notice from Network Solutions or any other concerned authorities in connection with your domain names(s) despite having paid up for the said domains earlier to Live India Internet Services. You further accept and appreciate that the aforesaid condition could be a result of some administrative fault or lapse or oversight of some employee or other entity connected with Network Solutions or any other concerned authorities. You also undertake not to hold Live India Internet Services liable for all damages due to loss of domains, due to delay in payment to Network Solutions due to delay in receipt of invoice from Network Solutions, and delay in getting USD from the bankers of Live India Internet Services.
REFUSAL OR DISCONTINUANCE OF SERVICE
Live India Internet Services reserves the right to refuse or discontinue service to anyone at Live India Internet Services`s sole discretion. Live India Internet Services may deny you access to all or part of the service without notice if you engage in any conduct or activities that Live India Internet Services in its sole discretion believes violates any of the terms and conditions in this agreement. Live India Internet Services shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Live India Internet Services has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Live India Internet Services reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
Live India Internet Services makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Live India Internet Services or its agents or employees shall create a warranty. Live India Internet Services provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Live India Internet Services be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Live India Internet Services service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Live India Internet Services' servers that such information becomes available to all Internet users and that Live India Internet Services has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Live India Internet Services' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Live India Internet Services or on the Internet generally.
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Live India Internet Services with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by Live India Internet Services, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Live India Internet Services. You agree to abide by any and all future Live India Internet Services policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Live India Internet Services immediately by telephone and in writing by registered mail return receipt requested to Live India Internet Services . You shall be held fully responsible for any misuse or compromise to your account for which Live India Internet Services is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Live India Internet Services has the right to suspend access to the account pending an investigation and resolution. You also agree that Live India Internet Services has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
BACKUP OF DATA
Your use of the service is at your sole risk. Live India Internet Services is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Live India Internet Services servers.
TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harrassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Live India Internet Services or any other service with reference to services obtained through Live India Internet Services, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Live India Internet Services, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from Live India Internet Services, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Live India Internet Services may apply the amount due to the provided card at any time. If an account is not paid for two months, Live India Internet Services has the right to lock the account. If another month goes by without contact, Live India Internet Services has the right to delete the account from its' servers. You also agree that Live India Internet Services shall be duly authorized to take appropriate action against you for the dishonour of your cheque(s) in accordance with the provisions of the Negotiable Instruments Act.
This agreement supersedes any written, electronic, or oral communication you may have had with Live India Internet Services or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the Republic of India. In case of any dispute arising in connection with the present agreement, the exclusive juridiction for deciding the same shall vest in the courts within the territorial jurisdiction of Delhi.
By placing and continuing to maintain or place information Live India Internet Services' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
Live India Internet Services
for a Web Site.