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TERMS AND CONDITIONS
Last Updated on Jan 10, 2010
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS BEFORE PROCEEDING TO THE ORDER. PROCEEDING TO THE ORDER INDICATES THAT YOU UNDERSTAND THE ENTIRE DETAILS OF THE PACKAGES AND ACCEPT THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT PLACE THE ORDER.
This agreement ("Agreement") between You and IITSYS.COM consists of these Terms and Conditions ("Terms and Conditions").
1. Indemnity
You agree to defend, indemnify, and hold iitsys.com, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
2. Web Site - Design, Hosting And Email
  1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
  2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
  3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
  4. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
  5. You will not post, link to or transmit:
    • any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
    • any material containing a virus or other hostile computer program.
    • any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
  6. You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
  7. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
  8. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
  9. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
  10. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
  11. In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 16 years.
  12. Any access to other networks connected to iitsys.com must comply with the rules appropriate for those other networks.
  13. It is your duty and responsibility to renew your domain and or hosting account at the proper time and before the expiry. We will not be responsible for any of the issues or losses in this regard.
  14. You give us the right to place a link in your site pointing to iitsys.com. You agree to the continue the hosting with us at least for a period of 3 years.
  15. We make no guarantee that the web design or any of its functionality will meet any or all of your expectations, though we will try to do our best. We have got the authority to finalize any of the requirements in this regard.
  16. You agree that your maximum data transfer will be 10 GB per month & your maximum mailbox size will be 1 GB. For any additional usage you have to pay standard data transfer / disk space charges.
  17. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3. Service Availability
  1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
  2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
  3. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4. Payment
  1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
  2. Payments once made will not be refunded under any circumstances.
  3. All payments must be in Indian Rupees (INR), US Dollars (USD).
  4. Only Indian residents can pay through the cheques. You are supposed submit only local cheques. In other cases, you will be charged the standard check collection charges.
  5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge.
  6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
  7. If an account goes unpaid for at least seven days, a late payment fee will be applied.
  8. Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
  9. Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
5. Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with iitsys.com , or in any way relating to your use of the iitsys.com, resides in the jurisdiction decided by us and you further agree and expressly consent to the exercise of any personal jurisdiction in the court in India, decided by us, in connection with any such dispute including any claim involving iitsys.com or its affiliates, subsidiaries, employees, officers, directors, promoters.
6. Modifications
iitsys.com reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the iitsys.com site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of the iitsys.com site and any of the Services immediately. Your continued use of the iitsys.com site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, iitsys.com reserves the right to change, modify, suspend or discontinue any aspect of the iitsys.com site, Services or Content from time to time without notice or liability and for any reason whatsoever.
7. Termination
  1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
  2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
  3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
  4. We reserve the right to suspend the Services and/or terminate this Agreement at any time.
  5. You may cancel the Services at any time. In this case, you will not entitled for any refund.
  6. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
9. Revisions
www.iitsys.com reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
10. Comments or Questions.
If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
 
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