ZAIDSOFT Web Site Master Agreement
"Terms of Service" and Acceptable Usage Policy"
Version 1.0 effective from 1'st JAN 2005
This agreement is between Zaidsoft and You (hereafter referred to as Customer) and is effective as of the date customer purchases the Web Site / Software or Services as defined below. This represents the entire agreement between you (customer) and Zaidsoft.
This agreement is valid for a period for which the customer has ordered and paid the invoice. Web site services are renewable after 1 year and will automatically cancel/terminate unless the customer renews the services within time by paying appropriate renewal fee(s) and charges.
Web Site Hosting Services
Customer is responsible for insuring that customer's web site conforms to all local, state, central, and international laws. Further, customer is responsible for insuring the legal copyright to any images, text, or other web site elements that are not provided by Zaidsoft. If customer's web site includes GIF images and customer is NOT using our software, customer must ensure that customer's GIF images are licensed with Unisys or were created with Unisys Authorized Software. If needed, moving the web site off of the hosting servers is customer's responsibility. Zaidsoft will not transfer or FTP customer's web site to/from another provider.
The Service includes specified amount of disk space and bandwidth usage. Restriction also applies on the single mail message size which is solely determined by Zaidsoft. Currently, any individual e-mail message larger than 5 megabytes may or may not be processed.
Customer agrees that Zaidsoft may establish limits concerning use of the Services offered under this agreement, including without limitation the maximum number of days that e-mail messages will be retained by the Services, the maximum number of e-mail messages that may be sent from or received by an account on the Services, the maximum size of an e-mail message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Zaidsoft's servers on customer's behalf, and the maximum number of times and duration customer may access any Services in a given period of time.
Customer agrees that the size of the the mailbox can grow up to the purchased storage limit over a period of time. Zaidsoft reserves the right to limit the rate of growth of the mailbox to a reasonable limit at its own discretion and without prior notice.
Customer agrees that Zaidsoft has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Services. Customer acknowledges that Zaidsoft reserves the right to log off accounts that are inactive for an extended period of time.
Zaidsoft makes no warranty that any services will be uninterrupted, timely secure or error-free.
Zaidsoft accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers.
Availability of Services
Subject to the terms and conditions of this Agreement, Zaidsoft shall attempt to provide Web/Mail Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Customer agrees that from time to time the Web/Mail Hosting and Virtual Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Zaidsoft or its supplier may undertake from time to time; or (iii) causes beyond the control of Zaidsoft or its suppliers which are not reasonably foreseeable by Zaidsoft, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. Customer agrees that Zaidsoft has no control of availability of Web Hosting and Virtual Hosting on a continuous or uninterrupted basis.
Zaidsoft and/or its supplier(s) retain(s) all rights to this Software and Services, web site templates, forms, and documentation. Customer is entitled to use this Software, the web templates, forms and documentation to build web sites.
Zaidsoft reserves the right to:
* Censor any web site hosted on its servers that, in Zaidsoft`s sole opinion, is deemed inappropriate.
* Review every Web Hosting account for excessive space and bandwidth utilization. And, to terminate or apply additional fees to those accounts that exceed those levels that are allowed.
* Modify Pricing at any time without any prior notice. Terminate customer's Web Hosting Service for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
* Terminate customer's Web Hosting Service if the contents of customer's web site result in, or are the subject of, legal action or threatened legal action, against Zaidsoft or any of its affiliates, partners or suppliers, regardless of whether or not such legal action or threatened legal action are eventually determined to be with or without merit. The decision to terminate customer web hosting service as a result of actual or threatened legal action, shall be done so solely by Zaidsoft, and in doing so,
Zaidsoft shall not be required to consider the merits of the legal action or whether or not threatened legal action will actually come to pass.
Customer's Obligations and Acceptable Usage Policy
The customer represents and warrants to Zaidsoft that customer's Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) Customer owns the website content generated/added by him/them and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within customer's web site.
Zaidsoft does not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
Customer is responsible for ensuring that there is no excessive overloading on Zaidsoft's or supplier's DNS or servers. Customer may not use Zaidsoft's or supplier's servers and customer's web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Zaidsoft reserves the right to remove sites that contain information about hacking or links to such information. Use of web site as an anonymous gateway is prohibited. Zaidsoft prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Zaidsoft. Customer agrees that Zaidsoft reserves the right to remove the customer's web site/mails temporarily or permanently from its hosting servers if Zaidsoft is the recipient of activities that threaten the stability of its network.
Customer agrees not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which Customer does not have authorization to access or at a level exceeding Customer's authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Zaidsoft to be in conflict with the spirit or intent of this Agreement or any Zaidsoft policy.
Customer is responsible for any misuse of his/her/their account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, customer must take steps to ensure that others do not gain unauthorized access to customer's account. In addition, customer may not use customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.
Customer's password provides access to online account. It is customer's responsibility to keep the password secure.
Sharing of password and account access with unauthorized users is prohibited. Customer should take care to prevent others from using his/her/their account since the customer will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
Customer must adopt adequate security measures to prevent or minimize unauthorized use of customer's account.
Customer may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for customer, logging into or making use of a server or account customer is not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
Customer may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Zaidsoft will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Liability & Indemnification
Zaidsoft provides this Software and Services "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall Zaidsoft be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if Zaidsoft has been advised of the possibility of such damages arising from any defect or error in the documentation, software, web site templates, or hosting.
Customer shall indemnify, defend by counsel reasonably accepted by Zaidsoft, protect and hold Zaidsoft harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Software and Services provided.
Access to other third party software
Zaidsoft may provide customer access to other third party software and/or services ("Third Party Products ") through the relationships Zaidsoft has established with certain commercial vendors ("Third Party Vendors"). Neither Zaidsoft nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Zaidsoft or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Zaidsoft nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Zaidsoft with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Failure to Pay
Zaidsoft may temporarily or permanently deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Copyrights and Trademark
All software used to provide the service(s) are copyright of their original owners.
All trademarks are property of their respective owners.
Zaidsoft reserves the right to add to or change/modify the terms of this Agreement. Any changes will be posted to http://www.zaidsoft.net/legal/web_hosting.html and it is customer's responsibility as a user to refer to the terms on accessing this service. Changes could be made by us after the first posting to the Site and customer will be deemed to have accepted any change if customer continues to access the Site after that time.
Zaidsoft reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice , make modifications and alterations in any or all of the content , products and services contained on the site without prior notice.
Expiration of the term
Customer acknowledges that after expiration of the term of the web site, Customer has no rights on such web site/domain name/software/service, or any information associated with such web site, and that ownership of such web site now passes on to Zaidsoft. Zaidsoft and Service Providers may make any modifications to said service(s) or any information associated with said web site. Zaidsoft and Service Providers may intercept any network/communication requests to such web site and process them in any manner in their sole discretion. Zaidsoft and Zaidsoft's Service Providers may choose to monetize such requests in any fashion at their sole discretion. Zaidsoft and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said web site. Zaidsoft and Service Providers may choose to delete said web site at anytime after expiry upon their sole discretion.
(5) Zaidsoft at its sole discretion may allow the renewal of the web site after expiry, and such renewal term will start as on the date of expiry of the web site, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the web site may not result in exact reinstatement of the web site in the same form as it was prior to expiry.
(6) Zaidsoft makes no guarantees about the number of days, after deletion of a web site, after which the same domain name / web site will once again become available for purchase.
In the event that Zaidsoft suspects breach of any of the terms and conditions of
(1) Zaidsoft can immediately, without any notification and without assigning any reasons, suspend / terminate the Customer's access to all Zaidsoft Products and Services.
(2) The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
The Agreement shall be governed by the Laws of India. The Courts of law at Allahabad shall have exclusive jurisdiction over any disputes arising under this agreement.