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T E R M S

THIS AGREEMENT is made and entered between ADVANTAGE Infotech, located at 985, Sector 21, Gurgaon, Haryana, India 122016, hereinafter referred to as ADVANTAGE and the Customer, who wishes to use the services of ADVANTAGE, by using the service of ADVANTAGE, continuing to use the service of ADVANTAGE and / or ordering at any web site owned and run by ADVANTAGE for the purpose of providing web hosting service, electronically, and / or ordering for any of web hosting and related services of ADVANTAGE by any mode.
The Customer by ordering online or via any other means, unequivocally agrees to the terms of the servic state, herewith, in their entirety.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web service provider, ADVANTAGE provides Internet web hosting and associated services. The Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of ADVANTAGE to establish an Internet web presence.

2. CONDITIONS: The physical order forms, on-line order forms, physical renewal forms, on-line renewal forms and application forms and this Agreement constitute a legal and binding contract between ADVANTAGE and the Customer and does not extend to any other person or entity. Customer may resell to any third party but is responsible for third party activities and content, is responsible for educating and informing any such third party that he sells the service to as also responsible for ensuring absolute adherence to the terms of this service by his / her customer and is bound by the terms under this Agreement. Order Cancellations after the application is received and web-space is set-up will still hold the Customer responsible for costs incurred by ADVANTAGE concerning the set-up of the web space as well as any other liabilities arising out of this agreement, including but not limited to web space usage, web site or email traffic usage, set ups costs. All cancellations shall be in writing and delivered via postal mail or facsimile to ADVANTAGE.

3. WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that ADVANTAGE makes absolutely no warranties whatsoever, express or implied, for any of its services. As a result, the Customer agrees that ADVANTAGE shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data, as the result of delays, non-deliveries, or service interruptions or service denials or service cancellations for any reasons and under any circumstances.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by ADVANTAGE is at the Customer's sole and absolute risk. ADVANTAGE specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If ADVANTAGE acquires an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against ADVANTAGE, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by ADVANTAGE for any reason. The Customer further assures ADVANTAGE that it will adhere to all international and Indian relevant copyright, trademark and privacy laws and directives as well as ensure adhere to any directives or policies of any domain registration governing bodies, including but not limited to ICANN (at icann.org). The Customer also indemnifies ADVANTAGE of any damages, direct or indirect, arising out any acts of domain registration, transfer, modification or sale of domain names by the Customer.

6. PAYMENT: The customer agrees to make a non-refundable payment as required for all web hosting & domain registration orders, in advance. The set-up fee and first payment are due at the time the on-line application and electronically returned to ADVANTAGE or physical order filled in or a customer order is signed and given to ADVANTAGE. Subsequent payments are due according to the selected fee schedule following the establishment of the web space. In the event that the Customer fails to pay for services in advance, ADVANTAGE shall be entitled to unilaterally terminate this Agreement and discontinue the service, without giving any notices or warnings, whatsoever, until payment is made and charge the Customer for re-installation as applicable. If the payments for any services are delayed beyond 15 days of the due date, ADVANTAGE reserves the right to delete all files of the account, including emails, data, files or programs, without giving any notice, whatsoever. The Customer further waives off any claims that may arise of any cancellations or deactivations or denial of service or deletions of programs, emails, files or data due to non-payments of dues by the Customer in part of in full, to ADVANTAGE. The Customer also acknowlegdes that the onus of making timely payments for renewals or new payments or additional services is solely of the Customer. ADVANTAGE will not invoice or forewarn the Customer of any any such impending payments. The Customer understands and commits to make all payments for new orders, renewals and over usages in a timely fashion. The Customer also understands and further authorises ADVANTAGE to deactivate and delete some or all of the Customer's web hosting services / accounts with ADVANTAGE, in case of a failure to make payments for any of the services, as mentioned above. Any taxes or levies, including but not limited to service taxes or any new taxes, as applicable, will be payable by the customer, even if these are chargeable / come into force, after the sale of the service.

7. UNILATERAL REVOCATION OF SERVICE: In the event that ADVANTAGE may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions detailed herewith, ADVANTAGE may immediately discontinue such service to the Customer without any liability, whatsoever. This will include failure to make payments, adult or pornographic content or propaganda via the web site, unsolicited commercial email / SPAM, any mass emailing activity, propaganda or content pointing towarrds racial, religious or any kind of discrimination, hatred dissemniation in any form, any acts of hacking or cracking, acts forcing denial of service to any provider or user, any acts violating the local laws or international areas of operation of the Customer and / or ADVANTAGE. The Customer also unequivocally agrees not to indulge in any acts of mass e-mail exercises, of any nature, whatsoever. Violation of the same will result in immediate revocation of all services to the Customer, without any notice and deletion of the account, including emails and files/directrories.

8. INDEMNIFICATION: The Customer shall indemnify and hold harmless ADVANTAGE from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, law suits, proceedings, judgements, costs and expenses that may be initiated against or service on the Internet and or service on ADVANTAGE's staff or directors for any service provided to Customer by ADVANTAGE to include web space content that violates any copyright, proprietary right of any person, Indian and international regulations, or contains any matter that is libelous or scandalous.

9. CHANGES IN TERMS OF AGREEMENT: ADVANTAGE reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the on-line application to include service pricing, without advising of the change and the effective date thereof. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space and services constitute the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement. This also supersedes any other communication between the Customer and ADVANTAGE.

11. RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Haryana in India. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Haryana, India. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

13. SEVERABILITY & APPLICABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect. By filling up an electronic form on the web sites of ADVANTAGE , including Gurgaon.net, iabmum.com and TumBolo.com, or by using a service of ADVANTAGE or by continuing to use service already provided by ADVANTAGE, the Customer acknowledges and accepts the terms of this agreement in their entirety, over and above any communications with any ADVANTAGE personnel, written or otherwise, before or after the use of this service. ADVANTAGE reserves the right to change, modify or add to parts of the agreement or the entire agreemeht, at any given time, without giving any notice to the Customer. The Customer, by continuing to use the service/s, unequivocally agress to the entire agreement in its entirety.

14. CONFIDENTIALITY: Customer acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of ADVANTAGE and may not be utilized or released without the express written permission of ADVANTAGE .

15. INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunicatons/Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By filling out the on-line application directly or by placing an order and / or clicking on "Accept" below or on Clicking on the Order Forms on the ADVANTAGE Web Sites, Customer agrees to all the terms and conditions of this Agreement.


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