Terms & Conditions of our Services. (Web hosting)
The following words used in context of the Service Contract are defined as follows : Provider: BTREE INFOTECH, STPT, TRIVANDRUM Client: The individual(s) or Company receiving Provider's Services The Provider agrees to provide, and Client agrees to receive, access to the Provider's services according to the following terms and conditions:
1. Client will use the Provider's services in a manner consistent with any and all applicable laws of India and the US Federal Government.
2. Provider reserves the right, in its sole discretion, to deactivate the Client's service(s) upon an indication of credit problems including delinquent payments.
3. The provider's services are provided on an "AS IS, AS AVAILABLE" basis. This gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular. This no warranty expressly includes any reimbursement for loss of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
6. Client hereby agrees that any material submitted for publication on provider through client's account(s) will not violate or infringe any Copyright, Trademark, Patent, statutory, Common law or proprietary rights of others, or contain anything libelous or harmful. The provider may deactivate any potentially illegal activity without warning. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials.
7. Client hereby agrees that any material submitted for publication on provider through client's account(s)will not contain anything such as, but not limited to, Pornography, Obscenity, Nudity, Violations of Privacy, Computer Viruses and any harassing and or harmful materials or uses, which are considered to be abusive and unethical uses of the Internet service(s). Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from client's publication of materials or client's use of those materials. Provider may or may not give notice before deactivating the use of client's account(s), which the provider decides, is/are an abusive or unethical use of the Internet service(s) or deemed a violation of the terms of services.
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).
10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
11. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12. Traffic Guidelines: Unlimited traffic facility is not available to shareware, sound, video, image and multimedia archives, mirror sites, distribution points, or any site whose primary purpose is file distribution.
13. When an order is placed on the Provider by the Client, it is assumed that the Client accepts this Service Contract.
14. Subject to TRIVANDRUM, India jurisdiction.