The client thus approves Emfinity to show itself as the billing contact, specialized contact and name servers regarding Customer's domain name and to take any activities Emfinity esteems suitable in those limits. In any, endless supply of the Service, Emfinity will promptly stop acting in those limits including exchanging recorders. After such time, Emfinity won't be dependable to forward any notification, messages or other correspondence to Customer or to take some other activities regarding Customer's domain name.
General Use of the Service:
Customer shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Customer agrees that Customer will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service.
The Service is offered to Customer conditioned upon Customer's acceptance without modification of this Agreement. Customer acknowledges that, from time to time, it may be necessary for Emfinity to update or revise certain provisions of the Agreement. By signing up for any Emfinity Service and accepting this Agreement, Customer agrees that Emfinity may change the terms of the Agreement in its sole discretion without specific notice to Customer. If Customer does not agree to the changes proposed by Emfinity, or to any terms in this Agreement, Customer's sole and exclusive remedy is to cancel Customer's Emfinity Service ("Customer's Account"). Notwithstanding the foregoing, Emfinity reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Emfinity Update Request Services :
The number of updates and modifications carried out by the Emfinity team on behalf of the customers is limited by our Fair Usage Policy. The intent of Emfinity’s Fair Usage Policy is to provide the optimum service experience to all customers. Under the policy we have defined fair usage levels for the number of modifications and updates allowed.
Our Fair usage Policy is such that most customers will not be affected by it.
Abuse of the Fair Usage Policy is defined as: More than 3 update requests per website sent to the Emfinity team in any given month which can impair the experience of others. Over and above 3 update requests per website in a month will be charged
The Customer agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Customer's affiliation with any person or entity. Customer shall maintain a valid email address at a all times. Customer shall be responsible for maintaining the confidentiality of Customer's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Customer shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Emfinity for such actions.
Content submission :
Although Emfinity firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers if the content is against the public policy as the law of the land (India). Therefore, Emfinity cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Customer acknowledges that Customer should always use caution when posting any personally identifying information about Customer or Customer's employees on the Service, the Customer Site, or any other user sites.
Emfinity does not control or monitor the Customer Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Emfinity reserves the right, but is not obligated to review the Customer Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Emfinity also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Customer Content in Emfinity's sole discretion.
Third party Content :
For Customer's convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Emfinity and Emfinity is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Emfinity is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Emfinity is providing such Third Party Content to Customer only as a convenience, and the inclusion of such content does not imply endorsement by Emfinity of such content or the affiliate or advertiser. Customer may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Emfinity does reserve the right to remove content that, in Emfinity's judgment, does not meet its standards, but Emfinity is not responsible for any failure or delay in removing such material.
Emfinity is not and will not be responsible for (i) the terms and conditions of any transaction between Customer and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Customer has a dispute with any such third party, Customer releases Emfinity (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Internet Domain Names:
Emfinity has chosen independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, to provide domain name registration services. Customer hereby authorizes Emfinity if requested, to transfer in or acquire Customer's selected domain name from TPDNVs. In order to receive a domain name, Customer must agree and remain agreeable through the use of the Domain Name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion to the TPDNVs' terms of service. Customer understands that Customer is creating a separate contractual relationship between Customer and the TPDNVs, and that Customer, and not Emfinity, is responsible for all liability, and obligations in connection with that relationship.
If, after opting one or more domain names that are included with any Emfinity Service package, because of a customer's incorrect registration of a domain name or otherwise, customer chooses to delete a previously opted domain name and subsequently opt one or more additional different Domain Names, Customer will be charged the resulting Domain Name registration fees.
Customer will be listed as the registrant and administrative contact in connection with Customer's domain name; however, Emfinity may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNVs until the TPDNVs change is completed. Customer hereby authorizes Emfinity to list itself as the billing contact, technical contact and name servers in connection with Customer's domain name and to take any actions Emfinity deems appropriate in those capacities. However, upon termination of the Service, Emfinity will immediately cease acting in those capacities including switching registrars. After such time, Emfinity will not be responsible to forward any notices, emails or other correspondence to Customer or to take any other actions in connection with Customer's domain name.
All Emfinity accounts may have Email services provided by an independent Third Party Email Services Vendor ("TPESV"). Emfinity is not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Emfinity is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPESV ("TPESV Dispute"). In the event of a the TPESV Dispute, Customer hereby releases Emfinity (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
Standard Clip-Art and Photos:
As part of the Service, Emfinity provides its Customers with standard clip-art and photos to corporate into their Customer Web Sites. In using the clip-art and photos, Customer is governed by an Image License Agreement with a Third Party Image Vendor ("TPIV"), the supplier of the clip-art and photos, which is incorporated into this Agreement. Customer understands that the Image License Agreement is a separate contractual relationship between Customer and the TPIV, and that Customer, and not Emfinity, is responsible for all liability, and obligations in connection with that relationship. Emfinity is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPIV ("TPIV Dispute"). In the event of a TPIV Dispute, Customer hereby releases Emfinity (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
Emfinity Proprietary Rights/Software Licenses:
Customer acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content contained in sponsor advertisements or information presented to Customer through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Emfinity provides Customer with a non-exclusive, non-transferable, limited license to use the Software, which Customer agrees to use in accordance with this Agreement. Customer may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Emfinity. The Software is owned by Emfinity and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Emfinity and its suppliers and are protected by trade secret laws.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. CUSTOMER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Copyright and Trademark Notices:
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Emfinity. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Emfinity, and/or the Software, is permitted without the written permission of Emfinity. Any rights not expressly granted herein are reserved.
Charges and Billing:
Emfinity reserves the right to charge fees for the Service or any portion thereof, if Customer is required to pay a fee for all or any part of the Service for which Customer has chosen. Customer hereby authorizes Emfinity to charge Customer's valid and current credit or debit card, if details are given, in advance for all applicable fees incurred by Customer in connection with Customer's chosen package and Customer's Account. Customer's Service and Account will automatically renew at the end of each subscription period, unless the Service or Customer Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Customer Account, these fees will be billed automatically to the Customer's designated valid and current credit or debit card at the start of each renewal period, unless Customer terminates the Service before the relevant period begins. Customer's subscription will automatically be renewed and billing will continue at the then-current prices for the Service. Customer further acknowledges that it is Customer's responsibility to notify Emfinity of any changes to Customer's credit card, billing address and to update Customer's credit card number if Customer's credit card has expired otherwise Customer's access to the Service may be disconnected or interrupted. Emfinity shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period. Customer further acknowledges that it is Customer's responsibility to notify Emfinity of any changes in his contact co ordinates ie. phone number, email id, postal address
In case of payment through cheque/demand draft, the customer agrees to pay 50% of the package chosen in advance at the time of placing the order and the balance to be paid at the time of finalizing/confirming the design of the website created for the customer. Customer also agrees to pay any taxes, including sales or use taxes, resulting from Customer's use of the Service. The payment is due on receipt of the invoice by the customer. The invoice shall be sent via email. Customer is responsible and liable for any fees, including attorney and collection fees, that Emfinity may incur in its efforts to collect any remaining balances due from Customer. This section shall in no way limit any other remedies available to Emfinity. Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer's Account or Customer's Account is terminated due to Customer's breach of this Agreement. Customer must notify Emfinity of any billing problems or discrepancies within sixty (60) days after they first appear on Customer's credit card account statement. If Customer does not notify Emfinity within sixty (60) days, Customer waives any right to dispute such problems or discrepancies.
In case of a cheque bounce, where a customer bounces a cheque issued in favour of EMFINITY INDIA IT SOLUTIONS PVT LTD; we will levy a penalty charge of Rs. 500/- to such customers and will be obligated to proceed with legal action on non payment of these penalty charges.
Emfinity may show advertisements on any portion of the Service which it provides to Customers free of charge.
Shipment and Delivery Policy:
Emfinity offers website services and other internet related solutions that are delivered online, we do not charge for the ‘shipments and delivery’ as the transfer and delivery is done online. The time of delivering a product varies on the product or service type and solely depends upon the co-ordination from the client. The ideal time for delivering a website is 7 working days and can extend if the client fails to co-ordinate. The other Internet services are subscription based and payments are collected in a cyclic fashion as and when the subscription expires.
Termination/Cancellation of Customer's Website:
Either Customer or Emfinity may terminate or cancel Customer's Account (or any part of the Service) at any time, but Emfinity will not refund any prepaid fees upon such termination or cancellation.
a.Termination by Customer. Customer may cancel your Customer Account or any part of the Service at any time. To cancel your Service, Customer must call +91 7708364888 or +91 7708326888. Customer will receive a cancellation confirmation via email after Emfinity processes Customer's cancellation request. Emfinity reserves the right to collect fees, surcharges or costs incurred before Customer cancels Customer's Account in addition to the applicable cancellation fee(s).
Customer must provide us with the following information in order for us to process the cancellation:
-- The exact name of the Service that Customer would like to cancel
-- Customer's username and password
-- Customer's email address
-- Customer's billing information, including the credit card number that the customer used when purchasing the Service
-- Customer's reason for canceling the Service.
The user has the right to take static backup of the website.
Limitation of Liability :
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL EMFINITY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF EMFINITY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL EMFINITY'S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO EMFINITY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE
Customer agrees to indemnify and hold Emfinity and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to
(i) Customer's breach of this Agreement;
(ii) any information (including but not limited to Customer Content and Customer's publicly posted information) submitted, posted, or otherwise provided by Customer at the Customer Site and/or to Emfinity and/or its affiliates;
(iii) any dispute or litigation between an Indemnified Party and a third party caused by Customer's actions; and
(iv) Customer's negligence or violation or alleged violations of any rights of another;
(v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Customer's relationship with Emfinity or Customer's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Emfinity and/or its suppliers, affiliates, partners, subsidiaries and employees.
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