In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", “us" and "our" refer to Net 4 India Ltd. (hereinafter referred to as Net4) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services

In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account you’ve established with Net4, whether or not the transactions were in your behalf.

By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published/ mailed by us.

You acknowledge that Net4 is a registrar bound by an agreement between Net4 and ICANN. You agree that Net4 may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Net4.

a. Selection: We make no representations as to whether or not a particular domain name infringes upon any trademark or intellectual property rights.

b. Availability: We make no representations regarding the availability of a domain name, nor does Net4 enjoy registry access superior to that of any other accredited registrar. After you have decided on the domain name you want to register, you must check if the domain name is available or if it has been registered by another user.

c. Use: You represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. You further represent that to the best of your knowledge and belief the domain name is not being registered nor will be used for any unlawful purpose. Management Specialties reserves the right to suspend or cancel your domain name if you use the domain name for any unlawful purpose or in violation of any applicable usage policies.

Note: We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.

This Agreement shall remain in full force during the length of the term you have selected, recorded and paid for upon registration of your domain name. If you choose to renew your domain name registration, the terms of this Agreement shall be extended. If you cancel or transfer your domain name to another registrar, the terms and conditions of this contract will cease.

a. Fees Are Nonrefundable: As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. All fees are nonrefundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of the registration term. . Current fees are determined by the length of registration. You are required to pay any applicable fees for each top-level domain you order as each top-level domain is considered a separate domain name.

b. Payment: All payments are to be made in favour of "Net 4 India Ltd." payable at New Delhi and are to be sent at the mailing address as mentioned in clause 20 of this agreement by courier/registered post. No outstation cheques are accepted. At the back of the cheque / Demand draft you are required to mention your Order Id and domain name(s) you have booked against each order Id. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of Net4, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. Net4reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

• Actual Payment Required: Your domain name application, renewal application or register transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by Net 4 India at its sole discretion).
  
• Charge Back: In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment of the registration, renewal or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Net4 as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

c. Term: Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year but in case of .biz & .info minimum period 2 yrs.) from the date of the registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. The payment for re-registration must be received at least 15 days prior to the date of expiry otherwise re-registration of the same domain name is not granted. You acknowledge and agree that Net4 cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since Net4 cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that Net4 may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.

In order to provide you with domain name registration and other related services, you must provide us with certain information about you and your domain name registration. You agree to provide the following information and to promptly correct and update the information during the term of this Agreement:

1. The domain name you are registering;

2. The names of the primary and secondary name servers for the domain name;

3. The full name, postal address, telephone number, fax number (where available), and email address for the (i) domain name owner, (ii) name of an authorized person for contact purposes in case the domain name owner is an organization, association or corporation, (iii) administrative contact for the domain name, and (iv) technical contact for the domain name.

Your willful or grossly negligent provision of inaccurate or unreliable information, your willful or grossly negligent failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the domain name you are registering shall constitute a material breach of this Agreement and be a basis for cancellation of this Agreement without any notice.

If you license the use of the domain name you are registering, you are nonetheless the domain name owner of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name you are registering. If you are licensing the domain name you are registering, you accept liability for harm caused by wrongful use of the domain name.
You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.
On the registration/transfer of a Domain name by Net4, a default (php3) home page will be displayed that could contain the following information:
1. Name of the registrant
2. Email address of the registrant
3. Address of registrant
4. Logo of “net4domain.com” (site from which the domain is registered)
5. Logo of Net4 (server on which domain is hosted initially)

The purpose of us collecting any personal data or information from you is to permit us to fulfill our obligations under this Agreement and to comply with the current policies for the domain name system. We agree that we will not process personal data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you. We agree to take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

We are required to provide the information referenced in the previous section of this Agreement to the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the registry operator for the domain name you are registering. ICANN also requires us to make available through an interactive publicly available database the following information we collect from you: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and (where available) fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the corresponding names of those name servers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. You should be aware that under ICANN policy, this information may be made available to third parties who agree not to use it to allow or otherwise support the transmission of unsolicited e-mail (spam) or other high volume automated electronic processes. Credit card information will be disclosed to parties involved in the processing of credit card transactions. Information may also be disclosed to other entities in our sole discretion. You hereby consent to the use, copying, distribution, publication, modification, and other processing of your personal information by us, the registry operator, ICANN, and our designees and agents or the designees and agents of the registry operator and ICANN. You hereby waive any and all causes of action arising from such processing.

If you are providing us personal information of any third party, you hereby represent that you have provided notice equivalent to that provided in the preceding paragraph to such third party.

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site the modified dispute policy is applicable.

We will try to notify thirty (30) days prior to when a renewal fee is due (We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment). No renewal fee will be accepted 90 days prior to expiry date. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by Net4 due to non payment of dues or any other reason attributable to you does not amount to Hacking.

When you register a domain name, you have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If you elect the automatic renewal option, Net4 will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method you have on file with Net4, at Net4's then current rates. Thus, if you have chosen to register your domain name for one year, Net4 will automatically renew it for one year. If you have chosen to register your domain name for two years, Net4 will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason Net4 is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.

If you do not elect that the domain name be automatically renewed, you have the responsibility of logging into your account for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). In this case, if you fail to manually implement the renewal in a timely fashion the domain name will be cancelled and you will no longer have use of that name. You agree that Net4 will not be responsible for cancelled domain names that you fail to renew, either automatically or manually. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for domain forwarding, or any other similar service, with your domain registration, these services may be automatically renewed when your domain registration is up for renewal, and you may incur an additional renewal fee unless you cancel in advance.

If you fail to renew your domain name, you agree that Net4 may, at its sole discretion, renew your expired domain name on your behalf. If Net4 decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse Net4 for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse Net4for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay Net4 a Redemption fee and redeem your domain name. The Redemption fee is currently Rs.10,000 OR 250 USD and is subject to change under the “Terms of Agreement: Modifications” of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period Net4 may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.

If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay Net4 a redemption fee and redeem your domain name. The redemption fee is currently Rs. 10,000 or 250 USD and is subject to change under the “Terms of Agreement: Modifications” of this agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

You acknowledge that the practice of registering and administering Domains is constantly evolving; therefore, you agree that Net4 may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with Net4's agreement with ICANN, or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the Domain registered to you will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request that your Registration be cancelled or transferred to a different Domain registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices clause of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices clause of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

Through your reservation, registration or transfer of a domain name to us, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy"), as amended from time to time, which is incorporated herein and made a part of this Agreement by reference. Any dispute regarding your right to use your domain name is subject to this Dispute Policy. Should any dispute arise with a third party regarding your right to use your domain name, you agree to indemnify, defend and hold us harmless. The most current version of this Policy may be found at the ICANN Web site http://www.icann.org/udrp/udrp.htm. Complaints under the policy may be submitted to any approved dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm.

You agree the Dispute Policy may be modified by us at any time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

You agree that, if an agent for you (i.e., an Internet Service Provider, web design company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s, hired by you.

You, at your own expense, agree to release, indemnify, and hold Registrar, Service Provider, Registry Operator(s), Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates of Registrar, Registry Operator(s) including M/s Afilaias Limited, Service Providers, and Resellers harmless against all liabilities, claims and expenses, including attorney's fees, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising out of or relating to the Registered Name Holder's domain name registration or under this Agreement, Products/ services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided and indemnification obligations survive the termination or expiration of the registration agreement.

You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. These indemnification obligations survive the termination or expiration of the registration agreement.

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, and then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice.
Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection to either the registration, reservation, transfer or use of the domain name.

The allotment of Order Id number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name. We normally send the confirmation mail within 48 hours of receipt of payment from you.

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail 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 of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.

You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time. You agree that we reserve the right to cancel, suspend, refuse any e-mail accounts, web space allocation or search notification process at any time if it is decided that the applicant is abusing these services by either bulk e-mailing through the account, using the web space for display of or use for immoral, illegal or any other purpose which we considers to be illegal, unsuitable or inappropriate. Also, if the traffic on registrants web space on our server is considered to be too heavy or too excessive, we reserves the right to cancel the web space and refund the part of fees relating to web space. In the event the web space is being used for illegal or immoral purposes and an e-mail and web space account is cancelled, the registrant will be charged by us for all judicial costs and expenses incurred on such cancellation, and if a domain name has to be moved or re-pointed then we reserve the right to charge this cost at our hourly rate in force at that time. Furthermore, in this event a domain name will not be released until such charges are settled in full and final.

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services.

(a) Specific to.biz TLD's

(i) .biz Restrictions: Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through
the DNS:
To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information, or
property of any kind; or, (ii) the ordinary course of trade or
business.
Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
(ii) .biz Certification: As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:
The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference
please see:
http://www.neulevel.biz/ardp/docs/reg_restrictions.html The domain name Registrant has the authority to enter into the registration agreement; and The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
(iii) Provision of Registration Data: Provision of Registration Data. As part of the registration process, you are required to provide the registry operator with certain
information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary name server and any secondary name server(s) for the domain name; (iv) the corresponding names of those name servers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.

Inaccurate or Unreliable Data: You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

(iv) Domain Name Dispute Policy: If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
The Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being
used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

(v) Domain Name Dispute Policy Modifications: You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.

(vi) Reservation of Rights: Net 4 India and the .biz registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on
the part of Net 4 India and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Net 4 India and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

If domain registration order is for a .INFO domain name, the Registrant, must also agree to the following terms:
(i) You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.

(ii) You hereby give consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in any manner;
(iii) you shall immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name;
(iv) Registrant acknowledges that Afilias Limited, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:
     a) the ability or inability of a registrant to obtain a Registered Name during these periods, and
     b) the results of any dispute over a Sunrise Registration.

Registered Name Holder shall:
i. Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement;

ii. Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement;

iii. Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotMobi”), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this Agreement in agreeing to Net4 being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement.

iv. Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;

v. Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;

vi. Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;

vii. Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");

viii. Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;

ix. Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.

x. Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.

xi. Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotMobi Style Guide (http://www.dotmobi.org/styleguide.html) and consent to the monitoring of the website as described in the dotMobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.

xii. Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.

If the Order is a .IN domain name, you agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement

You agree that, unless other instructions are posted on the Net 4 Domain's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information is given below. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Mail shall be sent to:
Net 4 India Limited
AB-11, Community Centre,
Safdarjung Enclave,
New Delhi-110029
Fax No.: 91 11 41653217
Email ID: legal@net4india.net

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

You agree that this Agreement, the rules and policies published us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed and construed in accordance with the laws of Union Of India, as if the Agreement was a contract wholly entered into and wholly performed within India.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the Registrar site shall be brought exclusively to the Jurisdiction of the National Capital Territory of Delhi court.

You attest that you are of legal age to enter into this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS TERMS AND CONDITIONS AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU ALSO AGREE TO ALL THE TERMS SET FORTH IN THE “ACCEPTABLE USE POLICY”. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

[I accept] [I don't accept]

In this service Agreement ("Agreement") “you and your” refer to each customer, “we, us and our” refer to Net 4 India Ltd. (hereinafter referred to as “Net4”) and services refer to the web hosting service provided by us. This Agreement explains our obligation to you and explains your obligation to us for web hosting service. By using the services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published / mailed by us.

''Net4'' has agreed to provide Web Hosting services to the ''Client'' on receipt of fee as applicable on the date of applying for the service, renewal, etc

As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Web Hosting Agreement ("Agreement"), represents that the statements in its application are true and so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Web hosting is not done for any unlawful purpose.

All payments are to be made in favour of "Net 4 India Ltd." payable at New Delhi and is to be sent at the mailing address as mentioned in this Agreement by courier/registered post. No outstation cheques are accepted. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of “Net4”, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. “Net4” reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

Your requested space for web hosting will not be booked in our server unless we receive actual payment of the registration or renewal or reasonable assurance of payment of the registration or renewal from some other entity (such reasonable assurance as determined by “Net4” at its sole discretion).

In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that the “Net4” can stop providing the services relating to Web hosting unless it receives the due payment along with the administrative charges. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.
We will try to notify thirty (30) days prior to when a renewal fee is due (We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment). Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by “Net4” due to non payment of dues or any other reason attributable to you do not amount to Hacking under Section 66 of the Information Technology Act, 2000.

All payments should be made through Cheque/Bank draft favoring 'Net 4 India Ltd.' payable at New Delhi. The payments are required to be paid in advance other wise “Net4” would not proceed with providing of its Services. No outstation cheques are accepted.

3A. TERM AND TERMINATION: a) The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the service. b) The ‘‘Client’’ can terminate the service/s provided/to be provided by ‘‘Net4’’ by giving a prior 30 days notice. c) In case of termination of contract initiated by the ‘‘Client’’, the ‘‘Client’’ is required to settle the full payment for the engagement period fees and other incidental expenses incurred by us. d) ‘‘Net4’’ can terminate the services provided/to be provided to the ‘‘‘Client’’’ if ‘‘Client’’ becomes insolvent, delinquent, unable to pay its debt or violates any term/s and condition/s of this Agreement.

We cannot check to see whether the web site hosted by you in our server infringes legal rights of others. We urge you to investigate and ensure that web site hosted by you do not infringe the legal right of others. During the period that ''Net4'' provides Web Hosting service, ''Client'' shall not distribute on the website any content that: a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) is obscene, pornographic or indecent; or (e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information. (f)Under no circumstances unsolicited message/s of communication in any form (SPAM) shall be sent by the client to any third party. Neither shall the client send any communication to any of its client which is not desired by him, if we receive any complaint from any third party that they have received unsolicited communication, then we shall terminate the services immediately, without giving any notice. If the service is terminated due to SPAMMING, then we shall not be liable for any damages neither shall be refund any amount received towards service fee.

Net4 shall terminate the services immediately without assigning any reason if the client does not follow the client covenants as stated above.

'Client' shall indemnify, defend and hold ''Net4'' harmless against any third party claim, action, suit or proceeding alleging any breach of the 'Client Covenants' as stated in clause 4 or arising from errors or inaccuracies in the content. 'Client' shall indemnify ''Net4'', its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by “Net4” as a result of a judgment entered against “Net4” in any such claim, action, suit or proceeding. Net4 can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.

Information considered proprietary or confidential by either “Net4” or ''Client'' which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party ("Confidential Information") shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If either party is required to disclose any proprietary information of the other party, it shall provide notice thereof to the other party in a timely fashion so that the other party may avail itself of any procedures or remedies to protect or avoid such disclosure.

a) Notwithstanding anything contained herein to the contrary, “Net4” shall not be liable to the ''Client'' or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of ''Net4''. ''Net4'' and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if “Net4” has been advised of the possibility of such damages.

b) Under no circumstances aggregate liability payable by ''Net4'' will exceed the total fee received from the ''Client'' under this Agreement.

The ''Client'' hereby agrees not to circumvent and engage any other independent contractor for rendering services similar to that agreed herein during the engagement period

''Client'' shall not hire or contract any of “Net4’s” employees for a period of two (2) year following the termination or cancellation of this Agreement. ''Client'' can not hire or contract any of the “Net4’s” employees during the period of this Agreement.

A. DOMAIN NAME: If ''Client'' wishes to register a domain name for the web site, “Net4” shall co-operate with ''Client'' in registering the domain name. ''Client'' shall be paying all fees for registration (both initial and annual) of domain name. As between ''Client'' and “Net4”, ''Client'' shall own all right, title and interest in and to the domain name.

As part of the web hosting services provided under this Agreement, “Net4” will provide Domain Name Server assistance. No representation or warranties are made by “Net4” as to the DNS service provided to the ''Client'' under this Agreement (pursuant to the disclaimers stated in this Agreement) where ''Client'' arranges for a third party to provide DNS and/or E-Mail service. ''Client'' agrees to hold “Net4” harmless from any errors made as a result of third party's management of the ''Client’s” DNS and/or E-Mail service. If a third party provides DNS and/or E-Mail service for ''Client'', and ''Client'' needs additional services from Provider concerning ''Client’s” DNS and /or E-Mail service, additional services will be provided by “Net4” at “Net4's” then hourly rate.

Note: Our domain name terms and conditions shall govern Domain Name registration. You are requested to familiarize yourself with the domain terms and conditions as given in our site.

B. PERFORMANCE: “Net4” will not be responsible for refunding any fees paid by ''Client''.

C. CANCELLATION OF WEB HOSTING SERVICE: Net4 can terminate the services provided to the Client, if it is found by Net4 that the Client is utilizing more than the sanctioned space. Upon the cancellation of the provision of the Website hosting service to ''Client'' or termination of this Agreement, “Net4” shall: (i) replace the home page of the web site with a standard error message at no charge to ''Client''; (ii) upon ''Client’s” request, provide a forwarding address on the website for “Net4's” standard fees Rs. 2,000.00 which shall be payable in advance; (iii) upon ''Client’s” request, provide to ''Client'' one copy of the website, in object code format for a fee of Rs. 5,000.00.which shall be payable in advance. If upon termination of this Agreement or cancellation of the provision of the website Hosting service to ''Client'', ''Client'' notifies “Net4” that it wishes to transfer the hosting of the website to another company, “Net4” shall promptly comply with the transfer request from the other company if ''Client'' is not then delinquent with respect to any amount payable under this Agreement. Upon payment to “Net4” of the delinquent amounts, if any, “Net4” shall promptly comply with the request.

D. MODIFICATION: Net4 at its sole discretion modify the service as provided. Net4 at the time of renewal can at its sole discretion withdraw, reduce or continue with the additional services offered to the customers before.

You agree that, if an agent for you (i.e and Internet Service Provider, Web design company, employee, etc) purchased our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein.
To the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. “Net4” DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction to the National Capital Territory Region of Delhi.

Waiver, if any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver of either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Heading used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.

The parties' rights and obligations will bind and inure to the benefit of their respective successors and assigns.

The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have power to obligate or bind the other party. Personnel supplied by “Net4” shall work exclusively for “Net4” and shall not, for any purpose, be considered employees or agents of ''Client''. “Net4” assumes full responsibility for the acts of such personnel while performing services hereunder and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes.

Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by registered mail or courier, postage prepaid, 5 days after the date of mailing

Net 4 India Limited
AB-11, Community Centre,
Safdarjung Enclave,
New Delhi-110029
Fax No.: 91 11 41653217
Email ID: legal@net4india.net

This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

You attest that you are of legal age to enter into this Agreement.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.

(I accept) (I don't accept)

Since the amount of the transaction is large, to avoid inconvenience to both of us arising out of repudiation and refusal of payments due to any reason by the banks, we request you to please fill up the following and courier/fax/register post it to us at the earliest in order to continue/provide our services.

CONFIRMATION LETTER

I confirm having booked the services of Net 4 India Limited vide my order no.___________ and authorize Net 4 India Ltd or their duly appointed agent to debit my credit card account with Rs________________.
Name:
Address
House No.
Street
City
Pin
Phone
Credit Card NO
Signature
Date.

In this service Agreement (“Agreement”) “you and your” refer to each customer, “we, us and our” refer to Net 4 India Ltd. (hereinafter referred to as “Net4”) and services refer to the web mail service provided by us. This Agreement explains our obligation to you and explains your obligation to us for web mail service. By using the services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published / mailed by us.

‘‘Net4’’ has agreed to provide Web Mail services to the ‘‘Client’’. The Service is provided free of charge.

We cannot check to see whether the mail sent by you in our server infringes legal rights of others. We urge you to investigate and ensure that mail sent by you does not infringe the legal right of others. During the period that ‘‘Net4’’ provides Web Mail service, ‘‘Client’’ shall not send on the mail any content that: a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) is obscene, pornographic or indecent; or (e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information.

The Client also agrees to comply all the terms and conditions as mentioned in the below link (Spam & Email Policy) and it can be amended without any prior intimation.

Click here to view Spam Policy

‘Client’ shall indemnify, defend and hold ‘‘Net4’’ harmless against any third party claim, action, suit or proceeding alleging any breach of the ‘Client Covenants’ as stated in clause 3 or arising from errors or inaccuracies in the content. ‘Client’ shall indemnify ‘‘Net4’’, its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by “Net4” as a result of a judgement entered against “Net4” in any such claim, action, suit or proceeding. Net4 can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.

a) Notwithstanding anything contained herein to the contrary, “Net4” shall not be liable to the ‘‘Client’’ or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of ‘‘Net4’’. ‘‘Net4’’ and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if “Net4” has been advised of the possibility of such damages.

b) Under no circumstances aggregate liability payable by ‘‘Net4’’ will exceed the total fee received from the ‘‘Client’’ under this Agreement.

c) Net4 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise out of loss or corruption of data during transit or storage on Net4's Mail servers.

You agree that, if an agent for you (i.e and Internet Service Provider, Web design company, employee, etc) uses our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein.

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. “Net4” DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction to the National Capital Territory Region of Delhi.

Waiver, if any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver of either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Heading used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.

The parties’ rights and obligations will bind and inure to the benefit of their respective successors and assigns.

This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

You attest that you are of legal age to enter into this Agreement.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.