This is an agreement between you and XS Infosol pvt ltd regarding your use of XS Infosol pvt ltd's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which XS Infosol pvt ltd makes the services offered by XS Infosol pvt ltd available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " XS Infosol pvt ltd " web hosting or similar services. Under this Agreement, you must comply with XS Infosol pvt ltd 's then current "Acceptable Use Policy," as updated from time to time by XS Infosol pvt ltd, which can be viewed at http://www.XS Infosol pvt ltd/aup.htm. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. XS Infosol pvt ltd will host an account for you, the Hirer (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract shall be renewed at the end of the Term and each successive renewal term, unless terminated. Till the time the Account Holder has not paid for the invoice/s raised by XS Infosol pvt ltd, the services rendered by XS Infosol pvt ltd shall be provisional and liable to be withdrawn at the sole discretion of XS Infosol pvt ltd without giving any notice in any form. The invoice raised is to treated as notice.
2. XS Infosol pvt ltd services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. XS Infosol pvt ltd expressly disclaims any representation or warranty that the XS Infosol pvt ltd services will be error-free, secure or uninterrupted. No oral advice or written information given by XS Infosol pvt ltd, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images/ material/ content containing pornography or any other thing which is objectionable/ prohibited. Violations of these or any other provisions of this Agreement may result in termination of the services provided by XS Infosol pvt ltd, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of XS Infosol pvt ltd based upon the severity of the violation. XS Infosol pvt ltd reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of XS Infosol pvt ltd's then current Acceptable Use Policy, in the sole and absolute opinion of XS Infosol pvt ltd. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless XS Infosol pvt ltd from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by XS Infosol pvt ltd, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. XS Infosol pvt ltd reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by XS Infosol pvt ltd, if the charges raised have not been paid or on the expiry of the paid period.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. XS Infosol pvt ltd will not change passwords to any account without proof of identification, which is satisfactory to XS Infosol pvt ltd, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that XS Infosol pvt ltd will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will XS Infosol pvt ltd be liable for any losses incurred by Account Holder during this time of determination of rights as Hirer, or otherwise. The Account Holder agrees to indemnify and hold harmless XS Infosol pvt ltd from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm XS Infosol pvt ltd, its reputation, computer systems, programming and/or other persons using XS Infosol pvt ltd's services. XS Infosol pvt ltd reserves the right to select the server for Account Holder's website. The Account Holder understands that the services provided by XS Infosol pvt ltd are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If in opinion of XS Infosol pvt ltd, the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. If the Account Holder refuses to comply, then XS Infosol pvt ltd has the right to withdraw and terminate the services provided to the Account Holder. The Account Holder agrees to indemnify and hold harmless XS Infosol pvt ltd and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by XS Infosol pvt ltd The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of XS Infosol pvt ltd.
8. If you know where things are in your warehouse, and indeed whether you have any at all, then pick/pack/ship processes are significantly more efficient. Your warehouse staff don't need to be running around hunting for the last unit since you know that it sold yesterday and was shipped at 6pm via UPC, for example. This means that you can process more orders in the same amount of time with the same staff, or else balance your resources differently. Accurate stock levels can keep you lean!
9. XS Infosol pvt ltd will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall XS Infosol pvt ltd be liable to the Account Holder for any damages resulting from or related to any failure or delay of XS Infosol pvt ltd in providing access to the Internet under this Agreement. In no event shall XS Infosol pvt ltd be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of XS Infosol pvt ltd under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A XS Infosol pvt ltd account shall not be transferred without prior written approval from XS Infosol pvt ltd The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the XS Infosol pvt ltdservices, including any damages resulting there from, until the Account Holder notifies XS Infosol pvt ltd 's customer service.
11. If XS Infosol pvt ltd assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the XS Infosol pvt ltd services, the right to use that Internet Protocol address will remain with and belong only to XS Infosol pvt ltd, and the Account Holder will have no right to use that Internet Protocol address except as allowed by XS Infosol pvt ltd in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and XS Infosol pvt ltd with respect to the XS Infosol pvt ltd services and supersedes all prior agreements (oral or written) between the Account Holder and XS Infosol pvt ltd. XS Infosol pvt ltd's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute or difference, which cannot be so resolved, arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties. Arbitration shall take place in New Delhi, India. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold XS Infosol pvt ltd harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and XS Infosol pvt ltd will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. XS Infosol pvt ltd may include the Account Holder's name and contact information in directories of XS Infosol pvt ltd service subscribers for the purpose promoting the use of the services by additional potential clients.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the State of New Delhi. The Account Holder hereby consents to personal jurisdiction in the courts of New Delhi, India for any action arising out of or relating to the Account Holder's use of the XS Infosol pvt ltd services. The courts of New Delhi, India will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Log Retention Policy : XS Infosol will be liable to provide activity logs of the server/domain maximum log retention policy of XS Infosol is 72 hrs. only or may by less according to resources on consumption