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Hosting Service Terms

TERMS OF HOSTING SERVICE


Modification Date: April 4th, 2008

Please read them all carefully.

1. ACKNOWLEDGMENT AND ACCEPTANCE

The Srest Information Technology Hosting Service ("Service") is provided for your use ("User") under these Terms of Service ("Terms") and any policies and procedures that may be instituted by Srest Information Technology.NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE AND IT WILL BE PRESUMED THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

2. USE OF SERVICES

The Srest Information technology  Hosting Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on Srest Information technology Hosting's Web site (or such other location as  Srest Information technology Hosting may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY FURTHER MODIFICATIONS. Srest Information technology  Hosting RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT OR ANY REASONS.

3. PRIVACY POLICY

Srest Information Technology considers the User's information to be the private and will not monitor or disclose such information except in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply within legal process; (c) to enforce the Terms; (d) to respond to any claims of violation of the rights of third parties; (e) to protect the interests of Srest Information Technology or others.
User acknowledges and agrees that Srest Information Technology may access its information as necessary to identify or resolve technical or other problems. User acknowledges and agrees that certain technical processing of information is and may be required to (a) send or receive data; (b) perform planning or scheduling (c) conform to technical or other issues.
User acknowledges and agrees that Srest Information Technology does not endorse any content created or transmitted via the Hosting Service and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content or content that infringes or may infringe the intellectual property or other rights of another.

4. TERM AND PAYMENT FOR SERVICES


4.1. Term

This Agreement shall be for an "Initial Term" as chosen by you in the Order Form at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Srest Information technology with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

4.2. Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Srest Information technology will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Srest Information technology Hosting's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to Srest Information technology Hosting and acknoledge by Srest using Email or other media. Please contact Srest support, if you have not recieved the confirmation. Srest Information technology Hosting may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If Srest Information technology Hosting terminates this Agreement, Srest Information technology Hosting will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to Srest Information technology Hosting on your behalf, no refunds shall apply and you will be held liable for such fees.

4.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written or email notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

4.4. Charges

You agree to pay for all charges attributable to your use of the Services at the then current Srest Information technology Hosting prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all duty & VAT and any other taxes assessed with respect to the Services, other than taxes based on Srest Information technology Hosting's net income.

4.5. Payment

All charges for Services must be paid in advance according to the then current prices applicable Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card or via check or via cash. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Srest Information technology Hosting to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Srest Information technology Hosting of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Srest Information technology Hosting from charging your account. Srest Information technology Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Srest Information technology Hosting the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month  become payable by you to Srest Information technology Hosting . In addition, your failure to fully pay any fees and taxes within seven (7) days after the applicable due date will be deemed a material breach of this Agreement, and Srest Information technology Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Srest Information technology may, delete any and all content from the Srest Information technology Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest. 

5. MODIFICATIONS TO TERMS OF SERVICE

Srest Information technology Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Srest Information technology Web site (the "Site"). Your continued use of Services following Srest Information technology posting of any changes or modifications will constitute your acceptance of such changes or modifications.

6. USER ACCOUNT, PASSWORD, AND SECURITY

User is solely responsible for maintaining the confidentiality of User's identifications and passwords and any and all activities that occur under User's identifications or passwords. User agrees to immediately notify Srest Information Technology of any unauthorized use of User's account or any other breach of security known to User.
User agrees not to use any racist, inflammatory, or profane calendar names, user names, group names, passwords, or other text and further agrees that Srest Information Technology has the right to modify such if, in its sole discretion, any such terms violate this agreement.

7. ENFORCEMENT


7.1. Investigation of Violations

Srest Information technology Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Srest Information technology Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

7.2. Actions

Srest Information technology  Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If  Srest Information technology  Hosting  become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, we may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Srest Information technology Hosting 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Srest Information technology Hosting which, in Srest Information technology Hosting 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Srest Information technology Hosting to civil or criminal liability or public ridicule. It is Srest Information technology Hosting 's policy to terminate repeat infringers. Srest Information technology Hosting's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Srest Information technology Hosting takes corrective action due to such possible violation, Srest Information technology Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.

7.3. Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect Srest Information technology Hosting 's systems and customers, or to ensure the integrity and operation of Srest Information technology Hosting 's business and systems, Srest Information technology Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Srest Information technology Hosting's servers and systems. Srest Information technology Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

8. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SREST INFORMATION TECHNOLOGY  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SREST INFORNATION TECHNOLOGY  MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SREST INFORNATION TECHNOLOGY  MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE NOT OCCUR OR WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SREST INFORMATION TECHNOLOGY  MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SREST INFORMATION TECHNOLOGY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Srest Information technology  Hosting is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Srest Information technology Hosting is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Srest Information technology Hosting's reasonable control.

9. LIMITATION AND EXCLUSION OF LIABILITY

IN NO EVENT SHALL SREST INFORMATION TECHNOLOGY Hosting HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Srest Information technology  Hosting , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Srest Information technology Hosting SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Srest Information technology Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Srest Information technology Hosting TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Srest Information technology Hosting BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Srest Information technology Hosting UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Srest Information technology Hosting FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED.

BECAUSE SOME AREAS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH AREAS, WE HAVE SPECIAL PLAN (CALLED SUPER PLAN) FOR SUCH AREAS. WE CHARGE 5 TIMES MORE FOR THOSE CUSTOMERS. IT IS CUSTOMER RESPONSIBILITY TO BUY THE CORRECT SERVICE, OUR SERVICES AT NORMAL RATE EXCLUDES ALL LIABILITY, WARRANTY AND GURRANTY. IF THE CUSTOMER PAID SUPER PLAN CHARGES, THEN AND ONLY THEN OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW FOR THOSE SPECIAL STATES.

9.2. Interruption of Service

You hereby acknowledge and agree that Srest Information technology  Hosting will not be liable for any temporary delay, outages or interruptions of the Services. Further, Srest Information technology Hosting shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

9.3. Maintenance

You hereby acknowledge and agree that Srest Information technology Hosting reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Srest Information technology Hosting will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

10. NO RESALE OF THE SERVICE

User agrees not to reproduce, duplicate, copy, sell, resell or exploit the Service or use of or access to the Service. User agrees not to include advertising in calendars, unless authorized in writing by SREST INFORMATION TECHNOLOGY.

11. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, Srest Information technology official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
User agrees: (a) to comply with all laws regarding the transmission of technical data exported from India through the Service; (b) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (c) not to use the Service for illegal purposes; (d) not to interfere or disrupt networks connected to the Service; and (e) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.
User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam" and "chain letters", or unsolicited mass distribution of email.
Srest Information technology may, at its sole discretion, immediately terminate User's access to the Service in case  User's conduct fails to conform with these terms and conditions of the Terms. Srest Information technology may, but is not in any way obligated to, enforce these Terms against any user.

12. INDEMNIFICATION

You will defend, indemnify and hold harmless Srest Information technology Hosting and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "indemnities") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Srest Information technology Hosting ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

13. TERMINATION

User agrees that Srest Information technology may terminate  user name, password, account or use of the Service, for any reason, at its sole discretion, including, without limitation, if Srest Information technology believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms, or (b) that User has violated the rights of Srest Information technology or other Users or parties. User further agrees that Srest Information technology may terminate  user name, password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by Srest Information technology from time to time which period shall not be less than one month.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Srest Information technology may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.

14. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Srest Information technology may post notices or links to notices through the Service to inform User of changes to the Terms, the Service, or other matters of importance. Lack of such notification shall not affect the effectiveness of such changes.

15. PROPRIETARY RIGHTS TO CONTENT

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to User through the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is only permitted to use this Content as expressly authorized by Srest Information technology, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.

16. GENERAL

The Terms and the relationship between User and Srest Information technology shall be governed by the laws of India without regard to its conflict of law provisions. User and Srest Information technology agree to submit to the personal, exclusive jurisdiction and territorial jurisdiction of the courts located at Mumbai, Maharashtra, India.
The failure of Srest Information technology to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel you Hosting Plan within the first thirty days of service and we will refund your money.

17. No Waiver

Srest Information technology  Hosting's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of  Srest Information technology  Hosting's right to subsequently enforce such provision or any other provisions under this Agreement.

18. Severability

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

19. Survival

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.