This Subscriber Agreement (the “Agreement”) explains the terms and conditions governing the Engagement of the ‘Client’ i.e. You with the Anil Pandit – referred to as the ‘Company’. Please read the whole document. By joining, you accept these terms and conditions and acknowledge that the Company Service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By registering you agree to use the Company Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
(a) Generally. Subscribership to the Company Service provides registered Subscribers (each a “Subscriber”) with the package of content, tools, and services described below (“Company Service(s)”). Among other things, Subscribers may use the technology available throughout the Company Service (“Technology”) to build their web presence (each a “Subscriber Site”). You understand and agree that Company may, at its discretion, add or delete any features included as a part of the Company Service or Technology at any time.
(b) Company Services and Technology: You will be able to use the Technology incorporated in the Company Service to build and maintain your Subscriber Site. Company provides the following Standard Service, and reserves the right to alter such Standard Service, at its sole discretion. Specifically, Company Standard Service allows your use of certain functionalities: building a hosted web site via our browser-based application, integrating certain communication tools into your Subscriber Site, creating an online catalog of products using Company browser-based catalog-building services, building commerce capabilities into your Subscriber Site, utilizing certain marketing and promotion features, and gathering information regarding your Subscriber Site using reporting tools. Company may offer other tools and services which are not part of the Standard Service, including premium services for which a fee will apply are not included in the Company Standard Service.
2. Restrictions and Description of Prohibited Acts
(a) You may not use the Company Service, the selection of a web address for your Subscriber Site, the Technology, or the Subscriber Site to, including, but not limited to: (i) Display material containing pornographic material of any kind; (ii) Sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iii) Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
(b) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the Company Service, Technology, or Subscriber Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(c) You agree that you will never conduct the following types of activities on the Subscriber Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
(d) Subscribers shall be limited to 25MB of storage space for files (including, but not limited to, text or graphics files) uploaded to the Company Service.
3. Payment Terms (a) The Company Standard Service, as described in Section 1, is offered against payment which will be billed immediately by Company. Unless there is a “Free Trial Period” shown on this page, in which case you will be billed the day following your “Free Trial Period”. Your next billing will be one month later and continuing every month until termination of this agreement occurs. Company reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with the above sections.
4. You agree to notify Company immediately if you suspect unauthorized use of the Company Services, your credit card, or your password.
5. Changes to the Terms and Conditions Company may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, Company will also give reasonable notice before any modification of the then current Company Service that could change your Subscriber Site. If you find any change to be unacceptable, you are free to terminate this agreement. Your use of the Company Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the Company Service, and its fee schedule.
6. Information About You and Your Business
(a) Company is committed to protecting your privacy. Company will never willfully sell personally identifiable information about you or your business to any third party other than through the sale or acquisition of our company to another.
7. Company Rights
(a) Communications. Company reserves the right to communicate with all Subscribers regardless of their email subscriptions in the event that important messages need to be communicated to Subscribers, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Subscriber Agreement. By subscribing to Company, you acknowledge that you allow Company to contact you by phone to update you of ways to use our service as well as any information from our company that might be beneficial for you.
(a) Term. This agreement shall be effective upon when you click on the Submit button and shall continue unless and until terminated.
(b) Company may at any time without notice to you discontinue any or all aspects of the Company Service or restrict your use of the Company Service in whole or in part for any breach of this Agreement by you; or if Company determines in its sole and exclusive judgment that terminating your use of the Company Service is necessary for security reasons or for proper continued operation of the Company Service; or your use of the Company Service or Technology is not for legitimate business purposes, or your use of the Company Service violates any laws or regulation; or if Company receives information that the Company Service or your use of the Company Service (or any part thereof) may violate any third-party right.
(I) Company may at any time modify or discontinue any or all aspects of the Company Service or restrict your use of the Company Service in whole or in part for Company ‘s convenience.
(II) Company may at any time modify or discontinue any or all aspects of the Company Service if the credit card number you provide Company expires, or if Company is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to Company hereunder.
(III) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Company terminates this Agreement or suspends your access to the Company Service, you will remain liable for the full charge for the period during which we terminate or suspend your Company Service. Following such termination or suspension, you agree not to reregister for or otherwise access the Company Services without Company ‘s prior written approval. Company reserves the right to delete any data files associated with your use of the Company Service upon termination of this Agreement.
(c) Termination by You. You may terminate this Agreement immediately for any reason at any time. You will remain liable for the full charge for the period during which you terminated this Agreement and for all usage-based fees through the effective date for termination of this Agreement.
9. Indemnification You agree to indemnify Company and hold Company harmless against any and all liabilities, cost, and expenses, including reasonable attorney’s fees related to or arising from: (i) your use of the Company Service in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Subscriber Site; (iii) any breach by you of this agreement; and/or (iv) any indecent, obscene, or libelous material posted on your Subscriber Site.
10. Reporting Violations Company does not actively monitor the content of Subscriber Sites but will investigate complaints of a violation of a third-party rights.
11. Proprietary Rights As between the parties, Company acknowledges that it claims no proprietary rights in Subscriber’s content or any intellectual property right contained therein.
13. Limitation on Liability (a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Company , OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Company SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE Company SERVICE (“Company AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE Company SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) THE AGGREGATE LIABILITY OF Company AND THE Company AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Company DURING THE TERM OF THIS AGREEMENT FOR ANY Company SERVICE OR TECHNOLOGY.
(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(c) IN NO EVENT IS Company OR ANY Company AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND Company CONTROL.
(d) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
14. Warranties/Disclaimers (a) Company warrants that, if a Subscriber is dissatisfied in any way with the Company Service, Technology, or Content provided on or through the Company Service, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty.
(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY SUBSCRIBER SITE DO NOT REFLECT THOSE OF Company. Company DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY SUBSCRIBER SITES. Company IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SUBSCRIBER PAGE. SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN SUBSCRIBER SITE.
(c) ALL Company SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE Company SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER P
(d) Company DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. Company AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS’, LOCAL EXCHANGE CARRIERS’, OR OTHER PROVIDERS’ FACILITIES.
(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE Company SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE Company SERVICE.
(f) This Agreement comprises the entire agreement between you and Company and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(g) Your Subscribership in the Company Service and any of your rights hereunder may not be assigned or transferred to any third party. Company reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.