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Service Terms and Conditions Last update: Jan 1, 2006 Table of Contents
This Agreement explains the terms and conditions governing your use of the services made available to you by Neosys Inc, hereinafter called "Neosys” or "We". It represents the whole agreement and understanding between Neosys and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement". PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Neosys may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Neosys believes is harmful to the business of Neosys or the use of the Service by others or is harmful to any other party. Neosys reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.neosysinc.com/terms.htm. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. Neosys provides basic web hosting services to all Members who purchase web hosting services from Neosys for the duration of their hosting term Access to the web and email server space must be returned to Neosys upon expiry of the "Service". Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever. Standard web hosting includes 1000 MB of monthly account traffic and 100MB of web storage space. In additional to standard web hosting services, Neosys also offers paid optional features which can be added to accounts and also paid hosting services. All Neosys web hosting accounts point to a "Coming Soon" web page by default when activated. This page informs visitors that the Member has recently setup their account with Neosys. The Coming Soon web page may be removed by the Member at any time once they have access to the web server. The "Coming Soon" web page may include such things as, without limitation (i) links to additional products and services offered by Neosys, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. Neosys's email service provides you with the capability to send and receive email via the Internet. The service includes the ability to use unlimited email accounts each with 10 MB of email storage space. Neosys retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems. As owner and/or operator of the equipment and other resources utilized to provide services, Neosys has the legal right to block electronic communications from other entities on the Internet. All Neosys fees and charges are quoted and billed in either US dollars ($) or INR (Rs) unless otherwise noted. Service Fees are due at the time of order or on the day of renewal. All fees must be paid in full. Neosys reserves the right to modify service fees and rates effective upon posting on the Neosys website and/or on this Agreement. Billing inquiries and disputes should be brought to Neosys attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate. If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges. Neosys offers Members basic web hosting and email services for the duration of the domain registration period purchased from Neosys.You may request to cancel your Neosys hosting account(s) at any time without any fees or obligations. Your Service may be terminated by Neosys under the following circumstances (non-exclusive list): In such termination(s) all Member Services are removed from Neosys servers including data contents. When you apply to use Neosys services, you will be asked to select a Member ID and password. The Member ID and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and password you select from any unauthorized use. IN NO EVENT WILL NEOSYS BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD. You are responsible for maintaining accurate account information at all times including credit card and contact information. Neosys does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the Neosys network or promoting information on websites hosted by Neosys will be considered in breach of this Agreement and Suspended from the Service immediately. Your use of the Service must be in compliance with the law of republic of India and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behavior prohibited by the Service: You agree that, unless other instructions are posted on Neosys's website, 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 registered mail to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Neosys posted on the Neosys website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. The Neosys Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL: http://www.neosysinc.com/terms.htm Email newsletters will only be sent directly from Neosys and Member information is not disclosed or sold to any third parties. Neosys reserves the right and sole discretion to: (i) Censor any website hosted on its servers that is deemed inappropriate; (ii) Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels; (iii) Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information; (iv) Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Neosys or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; (v) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Neosys determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement; (vi) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities. The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Neosys makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Neosys is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Neosys. For greater certainty and without limitation to the generality of the following: (i) in no event will Neosys be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you; (ii) Neosys, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site; (iii) in no event shall Neosys be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct. You agree to indemnify and hold Neosys harmless from and against, and to reimburse Neosys with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Neosys by reason of or arising out of or in connection with: (i) any breach of this Agreement by you or;
(ii) any infringement of any copyright,
trademark, patent, trade secret or any other intellectual propriety
right of any party by content on your website or;
Neosys will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning. If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions. The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the federal laws of Republic of India. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Republic of India for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. Neosys does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf. No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. These Terms and Conditions, as may be updated from time to time and posted at, http://www.neosysinc.com/terms.htm represent the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.
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