General terms & conditions
Corundum presents a legal agreement, which demonstrates 100% assurance of abiding by (NDA) Non-Disclosure Agreement Guarantee to stop infringement of “Confidential Information” of clients. We guarantee to use the provided information unbiasedly and protect it from any sort of misuse from other clients or resources.
General terms & conditions
We proclaim that all materials that have been posted and published on www.corundum.co.in, such as website design, content, images, logo, reviews, trademarks, layout, etc. are sole property of Corundum. The entire data is protected under copyright and intellectual property laws. No one is allowed to copy, use, transfer, modify, exploit and distribute Corundum property for commercial or non-commercial purpose. Without getting written content from our owner, nobody is authorized to use our name and logo for publicity or promotion purpose.
We reserve all rights to revise and modify our ‘Terms & Conditions’, URL name and other changes in services without any prior notice. Without intimating you, we are free to change terms, product pricing, warranties and specifications.
You are restricted to transmit or post any content on our website that is harassing, unlawful, obscene, pornographic, defamatory or any material, which may encourage misconduct will be considered a criminal offense from your end.
Breach of terms & conditions
If you fail to conform with the conditions, terms, agreements and notices, then the rights granted to you will end with self termination. Immediate termination of the downloaded material that you control or possess will be followed without giving any prior acknowledgment.
You agree to the policy that you will be responsible for your behavior. And, you will make the best efforts to protect Corundum as well as its affiliates, subsidiaries, employees, business partners, agents, licensors, joint ventures and third party information providers.
Disclaimer regarding warranty
corundum.co.in may revise its policy disclaimers any time. Therefore, we do not take any guarantee of non-infringement. If you keep using the website after updated changes without considering them and face any kind of damage (by using its information or downloading content), then we will not be liable for it. Your decision of continue to use the website will be considered that you have agreed to the applied modifications.
Terms and Conditions for SMS Service
These Terms of Service (ToS) are an agreement between Corundum (“Corundum”, which term shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its affiliates, subsidiaries, successors and permitted assigns) and any Person who is a user/browser/accessed to the Site, (User), whether or not registered, of any of the services available on the this website (Site). The term ‘Person’ shall mean and include any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, trust, unincorporated association, Hindu undivided family, joint venture, organization similar to the foregoing, governmental authority or other entity of any nature whatsoever.
(b) The User hereby declares and agrees that (i) all information (including personal information) provided by the User during Registration is true, genuine and accurate and that the User shall ensure that all such information is current, complete, and true at all times; (ii) the User shall maintain and update the User’s registration data, in order to keep such data current, complete and true (iii) the User represents that he/she is of legal age (if the User is an individual) and has the requisite legal standing to form a binding contract with Corundum and is not a person barred from receiving Services under the laws of India or other applicable jurisdiction.
(d) Upon Registration, the User will be provided a private account (User Account) and a username and password for such User Account. The User shall be solely responsible for the use and activities conducted through such User Account. The User acknowledges that, in order to regulate access to the Service, his/her authentication depends on the verification of the correct username and password. The User acknowledges and accepts that the User is solely responsible for safeguarding the confidentiality of his/her User Account information (including password(s) and user name(s)) and for any use or misuse of his/her User Account and/or the Site resulting from any third party using a password or user name issued to such User. The User agrees to notify Corundum immediately of any known or suspected unauthorized access to or use of the User’s Account, or any other breach of security or misuse of the Site known to or suspected by the User and that Corundum is not responsible for fraud of any person or of other Users of the User’s Account.
(e) The User accepts and acknowledges that usage of Credits, if any, granted free of charge by Corundum to the User at the time of Registration or at any other time shall also be subject to the all the terms and conditions of the ToS and other Service Agreements.
A. General Conditions of Service
1. General Terms
(a) User acknowledges that the Services provided herein are restricted to India territory and to the recipients in India only.
(b) The User acknowledges and accepts that Corundum may, at its sole discretion, deactivate the User’s password and/or User Account, or suspend the User’s access to any Service without notice at any time. Further, Corundum reserves the right to remove or cancel any of the Content or prevent the distribution of any Content, without notice and without being obliged to provide any explanation for the same. The User hereby authorizes Corundum to rely on any data, notice, instruction or request furnished by the User to Corundum, or that Corundum reasonably believes to have been furnished by such User.
(c) The User acknowledges and agrees that Corundum acts merely as a facilitator in respect of the Services and shall not be liable or responsible in any manner whatsoever for the Content or any other aspect of such Service.
(d) The User agrees that Corundum reserves the right to refuse, deny or otherwise restrict the use of the Services by any User, including the right to terminate the use of any Services by any User without notice at any time for any reason as Corundum in its sole discretion may deem sufficient, or without reason. Corundum shall not be liable in any manner whatsoever for such refusal, restriction or termination of the use of any Services by a User at any time.
(e) The User agrees that unless otherwise indicated, any modification of the Services which alter the way in which the Service can be used and/or the launch of new Services will be subject to, and therefore regulated by the ToS and other relevant Service Agreements.
(f) The User acknowledges and agrees that his/her access to and use of the Site, and any and/or all of the Services of, is at the User’s own risk. The User acknowledges that the Service is dependent on telecommunications companies and mobile network providers (Operators) and Corundum makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site network, or Services. Without limiting the foregoing, Corundum does not make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, Software, Services and materials contained on the Site for any purpose. All such information, Software, Services and materials are provided “as is” without warranty of any kind. Corundum hereby disclaims all representations, warranties and conditions, express or implied, with regard to this information, Software, Services or materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
(g) The User acknowledges and agrees that it shall be solely responsible for ensuring all compliances with the Telecom Regulatory Authority of India’s (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2010 (TRAI Regulations) and any and all other regulations, statutes, orders, decisions or law in force from time to time which may be applicable to the use of any of the Services (Law). The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to Corundum, by or in connection with any misuse of the Services provided by the Company with respect to pushing any unsolicited commercial communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations or Law.
(h) The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified Corundum, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to violation of these ToS, or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights) and also in respect to any action taken by any regulatory body or the Operator or any third party with respect to the misuse of the Services availed from the Company including but not limited to, for the breach of any of the provisions of the TRAI Regulations or breach of Law or for any other reason whatsoever. The User acknowledges and agrees that these obligations will be binding on the User during the entire term of the use of any and/or all of the Services and shall survive any termination of the User’s relationship with Corundum or use of the Site.
(i) The User acknowledges that Corundum does not assume any implicit or explicit responsibility for the Content stored and/or published by the User through the Site. The User further accepts and agrees that all declarations and opinions expressed by the User are the sole declarations and opinions of such User and do not necessarily represent Corundums’ opinions. Any person who believes that any Content stored and/or published on the Site or distributed through the Site by any User infringes any law, is kindly requested to contact Corundum at the following email address support@Corundum.co.in.
(j) The User acknowledges and agrees that all software utilized in connection with the Services (Software) is owned by Corundum (and its group companies) and is protected by the applicable Intellectual Property Laws of India and laws of any other jurisdiction in which such Software is used as may be in force from time to time. The User agrees that it shall not, directly or indirectly, copy, modify, create derivative works, and in any way try to discover the source codes of the Software, sell license or transfer to the third parties any right on the Software. Further the User shall not have any rights over the Software in any manner. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Software, services or benefits obtained from the Site, except as expressly provided herein. The User further agrees that the User shall not reproduce or redistribute any Software and that the User shall not copy or reproduce the Software to any other server or location for further reproduction or redistribution. The User agrees that it shall not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Site or in any product, Service or Software provided through the Site.
(k) The right to use any Service is limited only to the User. Where the User is a Company, such right shall include its employees, provided that any contraventions by the employees of such Company of the provisions of the ToS or any Service Agreement shall be deemed to be violations by the Company and accordingly for the purposes of the ToS and/or any Service Agreements, the Company shall be liable to Corundum for all such contraventions.
(l) The User agrees that the User shall not use a name in connection with using any of the Services that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to its identity. The User further agrees that the User shall not restrict or inhibit any other User from using and enjoying such other User’s rights in the Site or in respect to any Service and should not interfere with or disrupt the Site or servers or any network connected to the Site.
(m) The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
(i) rent, lease, license, grant a security interest in, or otherwise transfer the User’s rights hereunder to any third party unless otherwise expressly agreed by Corundum;
(ii) defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
(iii) conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, unauthorized promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns;
(iv) harm minors in any way;
(v) publish, post, distribute, disseminate, advertise or link to any content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
(vi) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless the User owns, or controls such rights or has received all necessary consents for the publication, distribution, or linking of such software and other materials;
(vii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs including any hardware or Software of Corundum;
(viii) software, content, or other material that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
(ix) sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that the User cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the Services site would cause Corundum to violate any law, statute or regulation; or any other illegal activity;
(x) harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
(xi) violate any applicable government laws or regulations.
(n) The User agrees that the Services are provided by Corundum without any implicit or explicit warranty and no advise, suggestion, help, written or verbally, provided by Corundum to the User, shall imply any warranty from Corundum. Corundum cannot be held responsible of any harm coming from the inability to access or use any of the Services, or for the loss of any Content of the User or for any other loss suffered by the User as a result of using the Services. The User agrees and acknowledges that it shall be the sole responsibility of the User to keep a copy of the Content. Corundum declines any responsibility whatsoever for any harm coming from the inability to access the Services, viruses, damaged files, errors, interruption of any of the Service, network problems, non-authorized access, modification of data, merchantability and fitness for a particular purpose or for any other claim whatsoever of a similar nature. Corundum reserves the right to modify any and/or all the Services at any time, even without notice to the User.
(o) The User accepts and acknowledges that Corundum may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether. The User agrees that the User may at any time be barred from accessing any of the Services or from using the Site or from receiving any services or benefits from the Site, if Corundum determines the User to have violated the ToS or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if Corundum receives a court order or other legal action relating to the User Account. In addition the User agrees that, if the User violates any of these ToS or any applicable Service Agreement the User shall forfeit all Credits accrued to the User in connection with the Site and there will be no refund of any fees prepaid by the User to Corundum.
(p) The User acknowledges and agrees that links (if any) within the Site may let the User leave the Site and that the linked sites are not under the control of Corundum and that Corundum is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site.
(q) The User acknowledges and accepts that Corundum shall not in any event be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation: damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the Site or any of the Services, or with the delay or inability to use the Site or any Service and related graphics obtained through the Site; or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Corundum or any of its suppliers has been advised of the possibility of damages. The User acknowledges that if the User is dissatisfied with any portion of the Site, or with any of the ToS or any other Service Agreement, the User’s sole and exclusive remedy is to discontinue using the Site and its related Services. It is clarified that in the event of such discontinuation, the User shall not be entitled to receive any refund of monies paid by such User to Corundum or make any other claims whatsoever against Corundum.
(r) The User confirms and declares that the Services are being availed by the User for itself and the User is not an intermediary acting for and on behalf of a third party.
(s) Corundum reserves the right to suspend the services anytime with or without notice in case of any order/direction by a Statutory Body (State or Central) or Judiciary.
(t) You agree to receive promotional, transactional and commercial communications from Corundum through email or SMS.
(a) The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on this Site or published and/or distributed through this Site by such User and Corundum shall have no responsibility or liability whatsoever in respect of such Content. Corundum reserves the right, but is not obligated, to monitor or to review the Content of the User and to monitor User’s compliance with the ToS. Corundum reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of Corundum violates the ToS or that Corundum for any other reason may deem unfit or improper to be used on the Site, at any time without notice to the User.
(b) The User represents and warrants that all Content uploaded or distributed/transmitted through the Site by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content. Corundum shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content. The User further agrees to indemnify and continue to hold indemnified Corundum against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
(c) All Content uploaded or otherwise used on this site must conform to the content rules, if any, provided by Corundum from time to time.
(d) The User acknowledges that Corundum does not sell the Content, but rather provides a Service to transfer the Content supplied by the User from the web to mobile and other devices. Corundum does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which can be found on its platform or transmitted through the platform. However, Corundum shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.
3. Payment Terms
(a) The User agrees that Corundum reserves the right to charge the User for use of any Services at the rate and in the manner as may be decided by Corundum from time to time (Consideration). The User acknowledges and agrees that Corundum shall have no obligation to justify the amount of Consideration charged for any Service or be responsible or liable in any manner whatsoever to the User in respect of such Consideration.
(b) The User shall pay Consideration for all Services through use of Credit Card, net banking or offline mode by cheque or demand drafts against which Credits will be issued which shall be utilized for availing Services subject to the terms and conditions for the use of such Credits. The User shall pay Consideration in advance for the use of any Services.
(c) Corundum shall not under any circumstances, be liable to refund or otherwise return any money paid by a User for use of the Services, whether by way of purchase of Credits or otherwise, except as specifically provided in these ToS.
(d) The Commercials mentioned here are subject to change/modification from time to time depending on the change in commercials offered by Network Operator(s) and or Statutory Body. Such changes shall be communicated to the registered e-mail ID with Corundum or the same shall be communicated on the home page of Corundum website.
(a) “Credit” means one (1) standard short message (SMS) of 160 characters which shall be reflected in the User Account of the relevant User, and “Credits” shall be construed accordingly. A standard text message is 160 characters long (SMS sent using the GSM 3.38 Character set). Users can send longer SMS of upto 765 characters which are split into smaller SMS and later joined at the receiving end which is a mobile. In this scenario, SMS length is calculated for 153 characters as 7 characters are used to concatenate the message when it is delivered to the handset.
Unicode allows the support of a much wider character set, and includes most character sets in the world, the standard length of a Unicode message is 63 characters (compared to 160 for GSM). Long messages are supported for Unicode messages as well, and they are in multiples of 63 (compared to 153 for GSM).
(b) Any Credit once bought cannot be refunded, encashed or otherwise redeemed by the User except for the use of Services unless specifically stated otherwise in these ToS. If the User opts to close his User Account all Credits accumulated in such User Account will immediately thereafter expire and cease to be valid. If the User Account is closed by Corundum in accordance with the rights granted to Corundum under the ToS or any of the Service Agreements, all Credits accumulated in the User Account of such User shall stand forfeited immediately. Corundum shall not under any circumstances incur any monetary or other liability to the User or any other person in respect of Credits expiration/forfeited as a result of closure of the User Account.
(c) Credits may not be transferred between Users or from one User Account to another User Account of the same User.
(d) Corundum reserves the right to refuse and/or cancel the sale of Credits to any User based on its sole discretion.
(e) Corundum reserves the right to withhold the Credits of any User, and/or to not permit such User to use such Credits for such period of time as Corundum may in its sole discretion deem fit, in case if Corundum observes that the User is misusing the Services (which includes but not limits to spamming, phishing etc). User shall not use the services for any unlawful activity (including but not limited to fraudulent transactions, fraudulent communications, phishing, communication to an individual or a group of individuals with an intention to commit any fraud or deceive them).
(f) Corundum reserves the right to confiscate any Credits of a User in accordance with the provisions of this Agreement (Confiscated Credits). All Confiscated Credits shall stand forfeited immediately and the User shall not have any further monetary or other claim or right and Corundum shall have no liability whatsoever in respect of such Confiscated Credits. Corundum also reserves the right to amend the number of Credits based on the amendment in the cost of each Credit due to change in commercials by Operator/Statutory Body with or without intimation to the User.
5. Governing Law and Jurisdiction
The User and Corundum agree that these ToS shall be governed by the laws of India. The User and Corundum agree that all disputes that may arise from or in connection with theToS shall be subject to the jurisdiction of the Courts of India.
(a) The User agrees that if any provision of these ToS shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or applicable Law, such provision or part thereof shall to that extent be deemed not to form a part of these ToS, and the legality and enforceability of the remainder of these ToS shall not be affected. These ToS constitute the entire agreement between the User and Corundum with regard to use of the Services and all other written or oral agreements or understandings previously existing between the User and Corundum with respect to such use are hereby superseded and/or cancelled. Corundum’s failure, if any, to insist on or enforce strict performance of these ToS shall not be construed as a waiver by Corundum of any provision or any right or future right it has to enforce these ToS, nor shall any course of conduct between Corundum and User or any other party be deemed to modify any provision of these ToS. These ToS shall not be interpreted or construed to confer any rights or remedies on any third parties.
(b) The User agrees not to represent himself/ herself to be a representative, agent, or employee of Corundum and that Corundum will not be liable by reason of any representation, act or omission to act by such User. The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and Corundum as a result of these ToS or use of the Site.
(c) The User acknowledges and accepts that Corundum’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these ToS are in derogation of Corundum’s right to comply with governmental, court and law enforcement requests or requirements relating to the use of the Site or information provided to or gathered by Corundum with respect to such use.
(d) Corundum shall provide the services on best effort basis and it takes no responsibility for the delay caused in the Services as the delivery is subject to inter-operator dependencies.
Use of Service Numbers
(i) The User acknowledges that Corundum does not guarantee the continued use of any Service Number and that use of such Service Number may be discontinued at any time without notice to the User. If the Service Number of any User is discontinued Corundum shall make all reasonable efforts to provide such User with an alternate Service Number for the continuation of the Services (Alternate Service Number).
(ii) The User agrees that if Corundum is unable to provide an Alternate Service Number due to any reason whatsoever, Corundum shall have the right to refund the proportionate amount of Credits paid by the User for the use of the Service Number and such refund of Credits by Corundum shall fully and finally settle all liabilities and claims whatsoever of the User in this regard. The User further agrees that the liability of Corundum in the event that Corundum does not provide an Alternate Service Number to the User shall not under any circumstances be in excess of the proportionate amount of Credits paid by the User in respect of the particular Service Number.
(e) Promotional Campaigns
In addition to the General Conditions of Service a User of any of the promotional campaign services (Promotional Campaign) agrees to be bound by the following terms and conditions:
(i) The User shall provide Corundum with a list of recipients (each a Recipient and together the Recipients) of a Promotional Campaign and Corundum shall, in accordance with the terms and conditions push the relevant Promotional Messages to the gateway of the Operator for forwarding to the Recipients.
(ii) The User agrees that Corundum shall only ensure that the Promotional Messages are pushed to the gateway of the Operator through whom such Promotional Messages are transmitted to the Recipients and that Corundum shall not be required to take any further action and shall not bear any further obligation in respect of such Promotional Messages. Corundum does not guarantee the receipt of the Promotional Message by the Recipients and shall not be liable in any manner whatsoever for the failure of delivery of the Promotional Messages to any and/or all the Recipients.
(iii) The User represents and warrants that all the Recipients listed in the list of Recipients provided to Corundum have consented to receive the relevant Promotional Messages and that pushing of the Promotional Messages to such Recipients shall not constitute a violation or breach of Applicable Law including the TRAI Regulations . In the event that it is found that any of such Recipients has not consented to the Receipt of such Content/ Promotional Message or has objected to the receipt of such Content/Promotional Message for any reason whatsoever, all responsibility and liability in this regard shall rest solely on the User and Corundum shall not be responsible or liable in any manner whatsoever in this regard. The User agrees to indemnify and continue to hold indemnified Corundum from any loss, damage or claim whatsoever in respect of the sending of any Promotional Message or use of any other Service to a Recipient who has not consented to the receipt of such Promotional Message or other Service.
(iv) The User agrees that Corundum reserves the right, but is not obliged, to filter all Promotional Messages and also reserves the right to not push any and/or all Promotional Message to any and/or all Recipients for any reason as Corundum may, in its sole discretion, deem fit. The User further agrees that Corundum shall not be liable to the User or any other party in any manner whatsoever in respect of such decisions taken by Corundum to not push any and/or all the Promotional Messages to any and/or all the Recipients and Corundum shall also not be liable in any manner whatsoever in the event that it does not filter such Promotional Messages.
(v) The User agrees that the relevant Promotional Messages shall be pushed to the gateway of the Operator within the specific time period pre-agreed to between the User and Corundum.
(vi) The User acknowledges and agrees that it shall be solely responsible for ensuring all compliances with the TRAI Regulations. The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to Corundum, by or in connection with any misuse of the Services provided by the Company with respect to pushing any commercial communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations.
(vii) The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified Corundum, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to any action taken by any Statutory Body or the Operator with respect to the misuse of the Services availed from the Company including but not limited to, for the breach of any of the provisions of the TRAI Regulations during the entire period of the Promotional Campaign and for all periods after the expiry or termination of the relevant Promotional Campaign.
(viii) The User agrees that if the User is desirous of terminating any Promotional Campaign it shall provide a request in writing to Corundum for such termination of the relevant Promotional Campaign (PC Termination Request) and Corundum shall subsequent to receipt of such PC Termination Request make all reasonable efforts to terminate the relevant Promotional Campaign at the earliest. The User further agrees that despite making such PC Termination Request, the User shall continue to be liable to make payments of all amounts due to Corundum for Services provided between the time of receipt of PC Termination Request by Corundum and the actual termination of the relevant Promotional Campaign. If, due to any reason whatsoever, Corundum is unable to terminate any Promotional Campaign, the User agrees that it shall be liable to make all payments to Corundum in respect of such Promotional Campaign as if no PC Termination Request had been made by the User. Nothing contained above shall cause or imply any liability of Corundum to the User and the User agrees that it shall indemnify and continue to hold indemnified Corundum in the manner prescribed in the ToS.
(f) For Affiliate Partners and Dual Brand Partners
The entire liability of Corundum for the reasons directly attributable to it and your exclusive remedy for any dispute/difference in connection with the Affiliate Program and the Dual Brand Program shall in no event exceed the applicable Commission payable to You.
(g) Fair Use: The user shall not send more than 100 SMS per day via Email2SMS. The limit is not applicable for dedicated channel users.
In addition to the General Conditions of Service any User of API Services shall be bound by the following terms and conditions:
(i) The User acknowledges and undertakes that the User shall not have rights over any API offered by Corundum for the User to enhance the options for utilization of Services and such API shall belong to Corundum. Corundum has disclosed the API only for the purpose for utilization of Services by the User. The User undertakes and agrees that it shall not, except with the prior written consent of Corundum: (i) allow or in any manner facilitate or permit the utilization of any APIs by any person other than the User; (ii) develop/create/build any product or service using one or more of the APIs to be used except by the User; (ii) redistribute or reuse any APIs or distribute or sell any products or services developed using any APIs. The User acknowledges and accepts that if it wishes to undertake any of the actions stipulated in (i), (ii) or (iii) above, the same would be subject to the prior written consent of Corundum and subject to specific additional terms and conditions stipulated by Corundum, in its sole discretion, in this regard.
(ii) The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to Corundum, by or in connection with any misuse of the API or due to use of any API other than in accordance with the terms specified herein.
(iii) The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified Corundum, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to any action taken by any Statutory Body or the Operator with respect to the misuse of the API including but not limited to, for the breach of any of the provisions of the TRAI Regulations or any other Law for the time being in force.
General Terms of Service for Web Hosting
Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with us. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.
You are required to comply with applicable law and have certain obligations with respect to their use of the Services. You are also required to cooperate with us and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.
Billing and Payment
We offer a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
You are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by you can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.
Terms of Service
These Terms of Service (the “Agreement”) are an agreement between you (“User” or “you” or “your”) and Endurance Web Solutions Private Limited, an Indian corporation.
This Agreement sets forth the general terms and conditions of your use of the products and services made available by us and on our website (collectively, the “Services”).
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies.
Acceptable Use Policy
Copyright Infringement Policy
Data Request Policy
Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and would be incorporated into this Agreement.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company or the Company’s licensors. Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by the Company and the Company’s licensors.
You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
We exercise no control over, and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action that we may take.
Certain Services; 404 Error Page.
In the event you fail to configure a 404 error page, a default 404 error page will be configured by the Company to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the Company’s placement of a default 404 error page and its associated content on your website. the Company’s 404 error page may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. the Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.
Third Party Products and Services
Third Party Providers
We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
The Company does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The Company is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
The Company as Reseller or Sublicensor
We may act as a reseller or sublicensor of certain third party services, hardware, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed or provided by us to you will not be deemed a breach of the Company’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the India (collectively, “India Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of India Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, the Company also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Account Security and Company Systems.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment or Non-Payment.
Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (45) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Cancellation and refund of E-Commerce, Website, Web Portals, Bulk SMS, SEO, Dedicated Server Hosting, VPS Hosting is not allowed at any time or at any conditions also not transferable for other service
We provide 15 days half refund for shared hosting services, reseller hosting and cloud hosting services.
We may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm the Company or others or cause the Company or others to incur liability, as determined by us in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, the Company may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
Bandwidth usage is unmetered (i.e., not monitored) for shared hosting services only. Bandwidth usage for dedicated, reseller and VPS services are subject to the terms and limitations of the plan you purchased which are available in your control panel.
Reseller Terms and Client Responsibility
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
Resellers shall ensure that each of its clients, customers or users (“Reseller Users”) complies with this Agreement, including for the sake of clarity, Appendix A.
Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller’s acts or omissions.
The Company reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.
Resellers in the the Company’s Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless the Company, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Your use of the Services is also governed by the following:
Unless you are in India, you also hereby agree to the Company’s Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here.
Alternatively, if you are in India, the following provision applies to you:
All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement
(“Dispute”) shall be referred to and resolved by arbitration in India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.
The Company and User are independent contractors and nothing contained in this Agreement places the Company and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction
Unless you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the India.
If you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Backups and Data Loss
Your use of the Services is at your sole risk. the Company does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. the Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.
Limited Disclaimer and Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (45) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services..
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.