In this Partners Agreement ("Agreement") you and your refer to each Client, we, us and our refer to Net 4 India Ltd. (hereinafter referred to as 'Net4India'). This Agreement explains our obligation to you and explains your obligation to us under this Agreement. 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.

''Net4India'' has agreed to appoint the Client as a Partner for providing the domain name registration and web hosting services to its client on receipt of the payment.

As consideration for the services you have selected, you agree to deposit an amount mutually agreed between Net4India and you as an advance for the services you would like to opt later on for your clients. 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 Client, by completing and submitting the Partners Agreement ("Agreement"), represents that the statements in its application are true and so far as the Client is aware, does not interfere with or infringe upon the rights of any third party. The Client also represents that the Agreement is not done for any unlawful purpose.

All payments are to be made by cheques/ demand drafts favouring "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.

The payments are required to be paid in advance other wise 'Net4India' would not proceed with providing of its Services. The Client shall ensure that the adequate balance is maintained in his account at all time otherwise Net4India can stop providing the existing/ additional services provided/to be provided.

The Agreement shall commence on the day when Net4India receives the payment and shall be continued till the credit balance exists in the account of the client or he does not violate the terms and conditions of this agreement.
The Partner in lieu of the services shall be entitled to a commission, the commission shall be mentioned in the site and can be modified without prior notice.

a) We cannot check to see whether the web site hosted/domain name registered by you in our server infringes legal rights of others. We urge you to investigate and ensure that web site hosted/domain name registered by you do not infringes the legal right of others.
b) During the period that ''Net4India'' provides service, you shall not register domain name/distribute on the website any content that:
i) Infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
ii) Violates any law, statute, ordinance or regulation;
iii) Is defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
iv) Is obscene, pornographic or indecent; or
v) Contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information.
c) Upon registration of the Domain name or hosting of web site by Net4India, when the user name and password for such registration or hosting is forwarded to you as the agent of your customer, you undertake to confirm to Net4India that you have passed on those user names and passwords to your customer for whom the registration has been affected by Net4India. In the event, if you do not pass on such information to your customers, then you shall intimate Net4India the reasons for not doing so, which should be reasonable in the sole discretion of Net4India.
d) In case if any services under this agreement is provided by you in violation of your covenants to Net4India, without prejudice to rights of Net4India, you shall be solely responsible for all actions and claims made by your customers or any third parties as a result of your actions and Net4India shall not be liable for same.
(e) In case Partner is not traceable by Net4India/end-users or found involved in fraudulent activities or become bankrupt, Net4India has right to terminate the agreement and deactivate all services taken under the package by the Partner and also unbind the users along with the associated services to the rightful owners without any notice and for that Partner shall not be entitled for any compensation. The decision of Net4India treating Partner as not traceable/bankrupt etc. shall be final and binding.

You shall indemnify, defend and hold ''Net4India'' harmless against any third party claim, action, suit or proceeding alleging any breach of the 'Client Covenants' as stated in clause 5 or arising from errors or inaccuracies in the content. 'Client' shall indemnify ''Net4India'', its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by 'Net4India' as a result of a judgement entered against 'Net4India' in any such claim, action, suit or proceeding. Net4India 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 'Net4India' 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, 'Net4India' shall not be liable to you or any third person including the customer of the client 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 ''Net4India''. ''Net4India'' 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 'Net4India' has been advised of the possibility of such damages.
b) If you fail to comply with any of the provisions contained in this document, Net4India shall be free to act in the manner it feels reasonable and Net4India shall not be liable to you in whatsoever manner and for whatsoever amount.
c) Under no circumstances aggregate liability payable by ''Net4India'' will exceed the total service fee received from the ''Client'' for that service.

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 'Net4India''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 'Net4India''s employees during the period of this Agreement.

a) Domain Name: The Client should familiarise himself with the terms and conditions of Domain Name Registration and Domain dispute resolution policy and he shall be bound by domain name registration terms and conditions and domain dispute resolution policy.
b) Web Hosting: The Client should familiarise himself with the terms and conditions of web hosting and he shall be bound by Net4India's web hosting terms and conditions.
c) Net4India can appoint other than client also the Partner even in the same the territory.

You agree that, if an agent for you (i.e. an Internet Service Provider, Web design company, employee, client, etc) purchased 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. 'Net4India' 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 'Net4India' shall work exclusively for 'Net4India' and shall not, for any purpose, be considered employees or agents of ''Client''. 'Net4India' 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

This Agreement alongwith the terms and conditions of domain name registration and web hosting as mentioned in the site "net4domains.com" sets forth the entire understanding and Agreement. The Net4India can modify the terms and conditions of this agreement and the client agrees to the modified terms and conditions once it is hosted in the site.

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 prticipating 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)