Terms and Conditions 2016-11-30T09:40:58+00:00

TERMS OF SERVICE (TOS)

E. & O. E.
(“Betanet Consultancy Pvt. Ltd.” reserves the right to correct any errors or omissions)

As a Domain Name Registration Solution Provider and  Web Hosting Provide(WHP), we offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations — and ours — in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer’s respective services agreement (the ‘Services Agreement’) or the Service Level Agreement, is intended as a plain English guide to those rights and obligations.

“Betanet Consultancy Pvt. Ltd.” having its sole office in GANDHINAGAR city, Gujarat (hereinafter referred to as the ‘Company’ or ‘We’ or ‘Us’ or ‘Our/Ours’ or “Betanet Consultancy Pvt. Ltd.”‘ or simply ‘”Betanet Consultancy Pvt. Ltd.”.coa’, which term shall, unless repugnant to the context or meaning thereof, mean and also include “Betanet Consultancy Pvt. Ltd.” India’s predecessors and successors and permitted assigns).

This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by us (the Company). This Agreement and our company’s policies are subject to change by us without notice. Continued usage of the Services after a change to this Agreement by us or after a new policy is implemented and posted on our Site constitutes your acceptance of such change or policy. We encourage you to regularly check the our Site for any changes or additions. The Company provides its Service to you, subject to the below given Terms of Service (‘TOS’), which may be updated by us from time to time without any notice to you. You can review the most current version of the TOS at any time at this website. You and/or the Customer is responsible for regularly reviewing the T.O.S.

You and/or the Customer are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the Terms set forth below may result in immediate suspension and/or termination of all services currently being provided with permanent removal of all data, without prior notice and no refund.

1. Internet is not bound to countries and physical boundaries. It has it’s own ETIQUETTE’S and PRIVACY of ELECTRONIC MAIL. Any customer who is trying to USE HARMFUL SPEECH OR SEND UNSOLICITED MAIL OR HOST ANY OBSCENE CONTENT OR INDULGE IN ANY ACTIVITY THAT IS DEEMED UNLAWFUL OR UNETHICAL BY THE COMPANY OR IN ANY WAY HARMS THE COMPANY’S INTEREST is directly violating our Terms and Company’s policy which will result in IMMEDIATE TERMINATION of all services and removal of all data without prior notice and no refund i.e. without refund.

2. The fundamental fact about the Internet is that no one — neither us, nor anyone else — owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable or offensive Internet communications.

3. Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (a) is in violation of any local, state, federal, United States law, Indian law, or any other country’s law or regulation, (b) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, ‘Persons’) or (c) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of ‘pirated’ or other software products that are not appropriately licensed for use by Customer. Any violation of these Terms will result in immediate termination of all services without prior notice and no refund. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

4. When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both customers and non-customers of ours, customers’ postings to the Internet may affect other customers and may harm our goodwill, business reputation and operations.

5. For these reasons, Customers directly violate our Policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:

Spamming — Unsolicited, commercial mass e-mailing (known as ‘spamming’) is a strongly disfavored practice among Internet users and hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers.

Sending unsolicited commercial email messages (UCE), including the sending of ‘junk mail’ or other advertising material to individuals who did not specifically request such material, which may include:

– Sending UCE referencing an email address for any domain hosted by the Company

– Sending UCE referencing an IP address and/or an domain hosted by the Company

– Harassment, whether through language, frequency or size of messages

– Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.

– Distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

– Solicit, collect, distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

Company has ZERO tolerance for spam originating from our Customers, or from our Customers’ customers, or for spam advertising web sites of our Customers or our Customers’ customers. The Company does not deal with your customers or their customers etc. We hold our Customers directly responsible for dealing with spam from or about their section of the network.

The Company will be the sole arbiter as to what constitutes a violation of these provisions. Customer and/or the related spamvertised web site will faceimmediate account suspension and/or permanent termination of all services, without refund, as well as further penalties for any single instance of a verifiable UCE that is reported to the Company.

Copyright Violation — Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the WHP in litigation and possible loss of reputation.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials — Violation of indecency and obscenity laws can result in criminal penalties. Sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials is strictly prohibited. Any website found in violation of this policy will face immediate termination of all Services being provided with permanent removal of all data, without prior notice and no refund.

Defamation — Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.

Illegal/Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as ‘hacking’). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). The illegal or unauthorized accessing of computers or networks carries potential civil and criminal penalties.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities — Distributing information regarding the creation of and sending or posting Internet viruses, worms, Trojan horses, computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Service, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability.

Export Control Violations — The law limits the ability of persons to export encryption software, over the Internet or otherwise.

Bandwidth & Utilization — The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is NOT intended.

In the best interests of our Customers and in an effort to maintain the integrity of our service the Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do NOT utilize services to the detriment of other clients. Customers with Websites who seek to take advantage of the Company storage or traffic plan in any other way, will, at the discretion of the Company, have their sites canceled and/or immediately and permanently removed from the servers without prior notice and no refund. The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies.

Background Running Programs — Background Daemons are strictly prohibited on our servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Company will be the sole arbiter of what constitutes a violation of the above policy.

CGI / ASP Abuse Policy — Any site whose CGI or ASP programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. This includes posting of messages or software programs that consume excessive CPU time or storage space. Due to their use of flat files instead of databases, we do not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment.

A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, we cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Telnet, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way. Any site or Customer found in violation of this policy will face immediate termination of services, without refund. Company is the sole determinant of what constitutes degraded server performance and violation of this policy.

Facilitating a Violation of this Policy — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software. The Company will be the sole arbiter as to what constitutes a violation of this policy.

Other Activities — Whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

This includes engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating software.

Customer will NOT use the Services to:-

(A) Copy material from third parties (including text, graphics, music, videos or other material) without their proper authorization, misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

(B) Traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law, and/or use the Services in any manner that violates applicable law;

(C) Publish or disseminate information that constitutes slander, libel or defamation, publicizes the personal information or likeness of a person without that person’s consent or otherwise violates the privacy rights of any person;

(D) Threaten any person and/or persons with bodily harm, make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law;

(E) Offer mail services, mail forwarding capabilities, POP accounts or auto-responders other than the Customer’s own account;

(F) Resell access to CGI scripts installed on the Company’s servers;

(G) Subvert, or assist others in subverting, the security or integrity of the Company’s servers, facilities, hardware or equipment;

(H) Gain unauthorized access to the computer networks of the Company’s servers or any other person, and/or conduct port scans or other invasive procedures against any server

(I) Provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

(K) Forge the signature or other identifying mark or code of any other person, impersonate or assume the identity or any other person, or engage in any other activity (including ‘spoofing’) in an attempt to deceive or mislead other person and/or persons regarding the true identity of the Customer.

The Company will be the sole arbiter as to what constitutes a violation of this policy. Any site or Customer found in violation of this policy will face immediate termination of services, without refund.

Any acts by anyone in a bid to solely harass or simply defame the Company, shall result in immediate legal action, compensation charges or a combination thereof, which will be exclusively subject to the jurisdictional limits of GANDHINAGAR city only. The Company will also fully co-operate with law enforcement authorities in investigating suspected lawbreakers.

6. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer’s contract with us.

7. We also are aware that many of our customers are, themselves, providers of hosting services, and that information reaching our facilities from those customers may have been originated by customers of those customers or other third parties. We do not require our customers who offer hosting services to monitor or censor transmissions created by customers of its customers. At the same time, customers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that customers who offer hosting services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our customers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

8. We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

9. We can NOT take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

10. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties and any other person and/or any third party acknowledges and agrees that the Company has absolutely NOinteraction with the data or substance of Customer’s Website, except as necessary to maintain the Website.

11. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section or paragraph of this Agreement will result in refund ineligibility. Account/Service/Package terms and Renewal terms as per Company’s norms. For any upgrades kindly keep visiting our website regularly.

12. We are not responsible for loss of customer content and/or data due to server / hardware / software failure or due to any other reason. It is the Customer’s full responsibility to have the complete & updated backup of their website and/or websites and/or their entire data and/or content, at any and all times, on their local machines or personal computers.

13. We expect that our customers who provide hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate our policy. Finally, we wish to emphasize that customers indemnify us for any violation of the customer of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and reasonable attorneys’ fees.

14. Any attempt to undermine or cause harm to the Company server or another customer’s or any user’s web presence is strictly prohibited. Any violation of our Terms of Service or Company’s policy will result in grounds for immediate account termination, with permanent removal of all data, with no refunds given i.e. without refund; the Company reserves the right to remove any account without prior notice.

15. Customer expressly understands that “Betanet Consultancy Pvt. Ltd.”.com India is a reseller (agent) of the web-host, and only the web-host manages/maintains the dedicated server at the Data Center.  “Betanet Consultancy Pvt. Ltd.”.com India will not be responsible for actions or eventualities beyond its control. Company reserves the right to add/modify/delete/update any feature and/or change from the current network/registrar/server/web-host to a new one, anytime, as deemed more suitable and more efficient by the Company.   “Betanet Consultancy Pvt. Ltd.”.com India shall NOT be liable to the Customer for any loss, claim, expense or damage of any kind in connection with the performance of its obligations under this contract or arising from or as a result of disruption, errors, omissions, interruption, inaccuracies, delays, downtime, suspension, termination or malfunction of the Service or any deficiency in the Service, for whatsoever reason. Customer agrees to defend, indemnify and hold the Company i.e. “Betanet Consultancy Pvt. Ltd.”.com India and its employees harmless from any and all expenses, demands, losses, liability, damages or third parties claim or any claims whatsoever resulting from any matter related to the Service.

16.  If at any time, during the continuance of Service the performance, whole or part, of any obligation under the agreement shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions, strikes, lock-out, or act of God etc., the Customer shall NOT have any claim for damages against the Company for non-performance or delay in performance of Service.

17. Company shall NOT be responsible for any loss or damages which may occur resulting from use of any third party software. Any support that is needed has to be availed from the respected companies.

18. Customer guarantees that the Service will be used for genuine purpose only and will not used for any illegal, immoral or unlawful or socially unacceptable purpose. Customer is not permitted to have any commercially available software, fixes, patches or electronic media for download on your site. We reserve the right – at any time, to terminate service if we find that you have violated this term. In English – NO download sites.

19. Customer acknowledges, accepts and specifically declares that he/she is fully aware of the nature and Terms of Service. The Customer shall be exclusively responsible for making arrangements for getting the necessary hardware and software at his end. It is explicitly agreed that the Company does NOTundertake any responsibility with regards to the same or interruptions, disruptions or errors in the Service as a result of or arising out of non-compatibility of the same.

20. The Service charge is payable in advance and is non-refundable. All the taxes, duties, charges or any other levies of any nature whatsoever payable for the Services shall be payable by the Customer in addition to the Service charge. The Company will put in its best efforts and strive to maintain the maximum possible uptime of Service.

21. The Company shall NOT be liable to refund any amount which is paid for the Service charge if the termination is by the Customer or for breach / violation of any of the Terms of Service by the Customer or failure or irresponsibility or lack of co-operation on the part of Customer.

22. The Customer acknowledges that the Service is provided ‘As is’. The Company, its employees, agents, suppliers, vendors and distributors make NO warranty of any kind either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that the Service will uninterrupted or error free. The Company expressly excludes any implied warranty of merchantability or fitness.

23. Any person visiting our website and/or You and/or our Customer and/or our Customer’s customer and/or any third party agrees to indemnify and hold our company and our employees HARMLESS from any claim or demand whatsoever, including reasonable attorneys’ fees, made by any third party or you or the Customer due to or arising out of Content hosted on our website or any 3rd party’s website or our customer’s website or your website or what the customer submit, post to or transmit through the Service, Customer’s use of the Service, Customer’s connection to the Service, Customer’s violation of the TOS, or Customer’s violation of any rights of another or any other matter related to the service. The parties (our Company and the Customer) agree that in no event shall we be liable to any third party for Customer’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Customer agrees to defend, indemnify and hold us harmless from any and all expenses, losses, liabilities, damages or third party claims resulting from Customer’s breach or alleged breach of any Customer obligations set forth hereunder.

24. The Customer and/or any third party and/or the Customer’s customer expressly understand and agree that “Betanet Consultancy Pvt. Ltd.”.com India isNOT liable for any incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data, content or other intangible losses, even if we have been advised of the possibility of such damages, resulting from either (a) The use or delay or termination or suspension or malfunction or inability to use the Service (b) The cost of procurement or services purchased or sold or obtained or messages received or transactions entered into through or from the Service (c) Unauthorised access to or alteration of your transmissions or data (d) Statements or conduct of any third party on the Service, or (e) Any other matter relating to the Service. In NO event shall “Betanet Consultancy Pvt. Ltd.”.com India and/or its employees be liable for damages resulting from loss of data, profits, or use of any of our products or services, or for any incidental, direct, indirect, negligent or intentional, inadvertent or advertent, punitive, or consequential damages or special damages of any kind, including, but not limited to, any other damages arising in any way out of the loss of revenue/income, loss of programs/information/data/content, business interruption, errors, omissions, misstatements or other inaccuracies, or by stuff beyond our control in creating or delivering any part of the Service, or caused by any pain, suffering, harassment, mental agony, emotional distress, or similar damages, even if we have been advised of the possibility of such damages in connection with any services provided.

25. ALL DISPUTES ARE EXCLUSIVELY SUBJECT TO GANDHINAGAR JURISDICTION ONLY. The Customer and the Company fully agree that the sole venue and the exclusive jurisdiction for any disputes, suit, action or proceedings arising from this Agreement or Terms of Service shall be the appropriate court in GANDHINAGAR city only. All agreement/agreements or payment made for the Services are strictly subject to the jurisdictional limits of GANDHINAGAR city only. In case of any event, dispute or difference (arising out of provisions of Service) shall be construed and enforced in accordance with laws of India and moreover this Agreement shall be exclusively subject to the jurisdictional limits of GANDHINAGAR city only.

We reserve the right to PERMANENTLY discontinue all Services being provided at any time, and permanently remove your entire data/content/website without prior notice and NO refund, should you be found in violation of our aforementioned Terms and Conditions.

Your violation of any of the above Terms and Conditions or the Company’s policy may result in legal action, service charges or a combination thereof which will be subject to GANDHINAGAR Jurisdiction only. The Company will also fully co-operate with law enforcement authorities in investigating suspected lawbreakers.

DISCLAIMER:

26. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE.. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SERVICE, ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DELAYS IN RESPONDING TO THE CUSTOMER CAUSED DUE TO ANY MISCOMMUNICATION, LACK OF COMMUNICATION, MISCARRIAGE OR LOSS OF EMAIL/POST OR DUE TO ANY OTHER REASON. NO CLAIMS AND/OR NO DEMANDS CAN BE MADE FROM THE COMPANY AND/OR ANY OF OUR EMPLOYEES.

27. Regarding any domain name registration processed through our company (be it any domain name extension i.e. .com or .net or .org or .info or .biz or .ws or .tv or .cc or .co.uk or .ca etc.) we clearly state that we register these domains through a Accredited Registrar of ICANN. This in effect means we ourselves are a reseller of that particular Registrar. We absolutely hold  control on the domain name registered and it is the Reseller / Customer’s full responsibility to manage his/her domain name registration entry. Any damage or loss of domain name to any third party or anything related to the domain name registration / domain name transfer / domain name renewal / loss of domain name is not our liability and we are NOT responsible for any damages the Reseller /  Customer may suffer regarding his/her domain name. It is the Reseller /  Customer’s full responsibility to manage & check whether his/her domain entries are correct or domain renewal date is correct or domain transfer or anything pertaining to the domain name. At the time of the domain name registration the domain name entries are kept blank or simply the related company (i.e. that particular Reseller) who has registered the domain name is shown in the related WHOIS of that domain name. The  Reseller / Customer can change these entries i.e. Registrant’s name, Admin / Tech / Billing / DNS to his/her own anytime directly via his/her domain name management panel. The  Reseller / Customer fully understands and acknowledges that we are only a reseller of the Accredited Registrar of ICANN, hence we are not responsible for any errorse. It is the  Reseller / Customer’s full responsibility to keep and maintain a constant check whether his/her domain name entries are correct i.e. anything related to the domain name’s Registrant / Tech / Billing / Admin / DNS / Renewal Date / Transfer are correct or not and also manage them. The  Reseller / Customer can make absolutely NO claims/demands related to his/her domain name from us & we are NOT responsible for any damages or losses whatsoever related to the  Reseller / Customer’s domain name. The  Reseller / Customer’s domain name is the  Reseller / Customer’s full responsibility, and NOT ours. Again, the  Reseller / Customer’s domain name is  Reseller / customer’s complete responsibility & only the  Reseller / Customer has to manage his/her domain name registration entry. If in any way Reseller / Customer failed to make payment of Domains we will have right to Ask the Payment to End Customer or Another Reseller Directly or we can Suspend the Domains.

28. It is the Customer’s full responsibility to keep their FTP or database or email IDs or stats or domain name username/password or their website’s or websites full back-up (i.e. back-up of their entire data/content) secure with them at all times. We will NOT be held responsible for any problem related to the client’s website or domain name incase the Customer compromises his username/password to any potential miscreant or is/was careless with the login details or is/was negligent or irresponsible in handling his/her website which results in any damages or downtime to the Customer’s website and/or domain name.

29. E. & O. E. Materials may contain inaccuracies, misstatements, mistakes or typographical errors. Company reserves the right to correct any errors or omissions.

30. All other brands, marks and names that may be shown or referenced on this site are the property of their respective companies.

31. “Betanet Consultancy Pvt. Ltd.”.com will not be responsible for actions or eventualities beyond its control. “Betanet Consultancy Pvt. Ltd.”.com shall NOT be liable to the Customer for any loss, claim, expense or damage of any kind in connection with the performance of its obligations under this contract or arising from or as a result of disruption, errors, omissions, interruption, inaccuracies, delays, downtime, suspension, termination or malfunction of the Service or any deficiency in the Service, for whatsoever reason.

INDEMNITY:

32. Any person visiting our website and/or You and/or our Customer and/or our Customer’s customer and/or any third party agrees to indemnify and hold our company and our employees HARMLESS from any claim or demand whatsoever, including reasonable attorneys’ fees, made by any third party or you or our customer due to or arising out of Content hosted on our website or any 3rd party’s website or our customer’s website or your website or what the customer submit, post to or transmit through the Service, Customer’s use of the Service, Customer’s connection to the Service, Customer’s violation of the TOS, or Customer’s violation of any rights of another or any other matter related to the service. The parties (our Company and the Customer) agree that in no event shall we be liable to any third party for Customer’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Customer agrees to defend, indemnify and hold us harmless from any and all expenses, losses, liabilities, damages or third party claims resulting from Customer’s breach or alleged breach of any Customer obligations set forth hereunder.

33. Customer agrees to defend, indemnify and hold the Company i.e. “Betanet Consultancy Pvt. Ltd.”.com and its employees harmless from any and all expenses, demands, losses, liability, damages or third parties claim or any claims whatsoever resulting from any matter related to the Service.

34. Our website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have NO control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

35. We make NO warranty that (a) Our service will meet your expectations or the Service will be uninterrupted, timely, secure, harmless or error-free (b) The results that may be obtained from the use of service will be accurate or reliable (c) The quality of any products, services, information, or other material obtained through the service will meet your expectations, or (d) Any errors or defects in the Service will be corrected.

36. Any material downloaded or uploaded otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or upload or whatsoever of any such material.

37. In addition, you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.

38. THE SERVICES, OUR SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE OUR SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

EXCLUSION OF LIABILITY:

39. The Customer and/or You and/or any third party and/or the Customer’s customer expressly understand and agree that “Betanet Consultancy Pvt. Ltd.”.com  is NOT liable for any incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data, content or other intangible losses, even if we have been advised of the possibility of such damages, resulting from either (a) The use or delay or termination or suspension or malfunction or inability to use the Service (b) The cost of procurement or services purchased or sold or obtained or messages received or transactions entered into through or from the Service (c) Unauthorised access to or alteration of your transmissions or data (d) Statements or conduct of any third party on the Service, or (e) Any other matter relating to the Service. In NO event shall “Betanet Consultancy Pvt. Ltd.”.com  and/or its employees be liable for damages resulting from loss of data, profits, or use of any of our products or services, or for any incidental, direct, indirect, negligent or intentional, inadvertent or advertent, punitive, or consequential damages or special damages of any kind, including, but not limited to, any other damages arising in any way out of the loss of revenue/income, loss of programs/information/data/content, business interruption, errors, omissions, misstatements or other inaccuracies, or by stuff beyond our control in creating or delivering any part of the Service, or caused by any pain, suffering, harassment, mental agony, emotional distress, or similar damages, even if we have been advised of the possibility of such damages in connection with any services provided.

The Company expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy, validity, integrity, currentness, adequacy & completeness, and any warranties relating to non-infringement in the Service. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting without excluding in any way other causes, from :- (a) Errors, omissions, or misstatements in the Service (b) Our processing of your application for our Services (c) The use of any information, goods or products obtained or transactions through the Service or otherwise arising out of or in anyway connected with the use of the Service whether based on contract, tort, negligence, strict liability or otherwise (d) This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by stuff beyond our control in creating or delivering any part of the Service.

We will not be responsible or liable for the authenticity, accuracy, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information etc in this Service or the site or any part thereof. You specifically agree that the Company shall NOT be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service.

We make no guarantees to you or third parties that this site and the information thereon would be virus free. We will not be liable for any virus that may enter your system as a result of you using this site or any information thereon. You acknowledge that any material, information and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. “Betanet Consultancy Pvt. Ltd.”.com India will not be responsible for actions or eventualities beyond its control. “Betanet Consultancy Pvt. Ltd.”.com India shall NOT be liable to the Customer for any loss, claim, expense or damage of any kind in connection with the performance of its obligations under this contract or arising from or as a result of disruption, errors, omissions, interruption, inaccuracies, delays, downtime, suspension, termination or malfunction of the Service or any deficiency in the Service, for whatsoever reason.

If you are dissatisfied with any portion of the Service, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Service.

GOVERNING LAW AND JURISDICTION:

40. Customer and the Company fully agree that the sole venue and the exclusive jurisdiction for all disputes, suit, action or proceedings shall be the appropriate court in GANDHINAGAR city only. In case of any event, dispute or difference (arising out of provisions of Service) shall be construed and enforced in accordance with laws in INDIA and moreover this agreement shall be strictly subject to the jurisdictional limits of GANDHINAGAR city only. All disputes are exclusively subject to GANDHINAGAR Jurisdiction only.

The Terms of Service have been in place since day 1 of our website’s existence and we expect ALL our customers new or old to abide by them and act as responsible members of the Internet community. We reserve the right to update our Terms of Service anytime, the changes will be duly notified and posted on our website. It is the responsibility of any of our Customer whether new or old to visit our website regularly for any updates and strictly abide by our Terms of Service at any and all times.

Any attempt to undermine or cause harm to the Company’s server or another customer’s or any user’s web presence is strictly prohibited. Any violation of our Terms of Service will result in grounds for immediate termination of all Services, with permanent removal of all data / content, without prior notice, with no refunds given i.e. without refund.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet community. If you have any doubts or concerns or questions or comments or complaints then e-mail us at webmaster@betanet.in and we will try our very best to help you. We expect our Customers to sincerely understand that on a Shared Server Environment we have to look & work in the best interests of all our valued Customers.

E. & O. E. (Company reserves the right to correct any errors or omissions)