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Terms of Use

A. General Terms of Use


1. The use of Websites Designed / Developed / Hosted / Maintained / Promoted / Supported by Angela Johnson, Designs, Herein after referred as "The Company", service is subject to the Terms and Conditions mentioned hereunder. By accepting our services, you are agreeing to use the Service with these terms and conditions under all applicable laws and regulations.

2. You agree that under any circumstances, the amount of compensation claimed because of any reason would not exceed the amount actually paid for using The Company services. For example, under any circumstances the domain name related claims would not exceed the amount paid for domain name registration.

3. All services provided by The Company are valid for One Year only unless otherwise stated.

4. By using any of the services, You agree to abide by all the terms published here.

5. You agree & accept that all services provided by The Company would commence only after complete payment of the agreed amount.

6. By Using The Company services, You agree to indemnify, defend, and hold harmless The Company, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to The Company Services. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

7. You agree and confirm that that The Company may, at our sole discretion, change the Pricing Structure at any time without prior intimation. However, this will only apply to future period/s.

8. The violation of the terms & conditions will result in cancellation of services and no refund will be made.

9. Non-usage of the service does not entitle you for a refund of any portion of the payment made to us for this service.

10. You agree that you will not use The Company Web Services for illegal purposes or for the transmission of material that is unlawful. You also agree that you will not use The Company Web Services for the transmission of material that is harassing, abusive, threatening, harmful, vulgar, obscene, or invasive of another's privacy. You agree not to use excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), installing continuously running programs, and reselling CGI scripts. You further agree that you are solely responsible for your content and you acknowledge that The Company acts as a passive conduit for the distribution and transmission of your data. You represent and warrant the content you provide to The Company (a) does not infringe on The Company's or any third party's intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalized up to and including termination of your rights to use the service and any other remedies available to The Company by law.

11. The Company will monitor the Emails/ Business Queries in order to track the search engine performance & no data with regard to this would be disclosed to any third party. On your special request, the monitoring could be removed but after such an act, The Company would not be in a position to forward any performance report of your website.

12. You acknowledge your right to use the Service is personal to you. You are entirely responsible for maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party.

13. In consideration for using The Company, you agree to provide us current, complete, and accurate registration information as prompted to do so by The Company and to maintain and update this information as required to keep it current, complete and accurate.

14. All the contents of this Service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Service is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Service.

The information from or through this service is provided on "AS IS " basis , and all warranties , expressed or implied of any kind, regarding any matter pertaining to any goods , service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

The Company and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that The Company has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any The Company Web Services. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by The Company. The Company makes no warranty that the service will be uninterrupted, timely, secure or error-free. Certain links on the Service lead to resources located on servers maintained by third parties over whom The Company has no control or connection, business or otherwise. These services are external to The Company and by visiting these, you are outside The Company web service and its channels. The Company neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage , loss or harm , direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these services.

15. You agree to indemnify and hold harmless The Company , its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

16. The Agreement shall be governed by the Laws of North Carolina in the United States of America . The Courts of law in North Carolina shall have exclusive jurisdiction over any disputes arising under this agreement.

17. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

18. In the event of non-payment of any services for any 60 day period without correspondence or 90 day period if there has been correspondence, The Company reserves the right to re-sell the Domain, Layout & all other related material to any third party or use itself, including the Domain/ Content / Structure/ Layout and all other related material without any intimation & no further correspondence in this regard would be entertained.

19. All amounts paid to The Company are non-refundable/ non- transferable under any circumstances. Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.

20. The Company reserve the right to add / change / modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to use services provided by The Company reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained/ not contained on the site without prior notice.

21. Limitation of Liability

You agree that The Company (for the purposes of this section, The Company includes, without limitation, The Company's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, registries, third-party providers, merchants, licensors, or the like, or anyone else involved in creating, producing, or distributing The Company's services) will not be liable to you or anyone else for any loss that may occur due to any (a) loss of registration of a domain; (b) use of your domain; (c) access delay or access interruption to The Company's registration system; (d) non-delivery or mis delivery of data between you and The Company and/or between The Company and the registry; (e) event beyond The Company's reasonable control; (f) processing of the application; (g) processing of any modification to the record associated with your domain; (h) suspension or cancellation of your registration by The Company; or (i) application of any dispute resolution provision herein. Furthermore, The Company will not be liable for any indirect, special, incidental, or consequential damage of any kind, including, without limitation, lost profits, regardless of the form of action, whether in contract or tort, including, without limitation, negligence, or otherwise, even if The Company has been advised of the possibility of such damage. In no event will The Company's maximum liability exceed the total amount paid to The Company.

 

 

 

B. Domain Name Services


1.By accepting our Domain Name Services, You agree to all the terms & conditions published on this page, including :

2. Free Domain Names: The registration and the renewal of the Customers domain name will be included in the initial and renewal fees for the Linux Shared Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:

•  The domain name registration is requested by the Customer at the time of the initial account setup

•  The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service

•  The domain name has one of the following extensions: .com; .net; .org; .us; .biz; .info.

In case of a legitimate refund request for an account, which includes a free domain registration by the Company, the Customer is withheld $14.95/year for the domain name registration and if renewal of the domain is later requested by the Customer renewal fee is due.

3. Other Domain Names: All domain names that are registered by the Company on Customer's request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. Registration and renewal fees for such domain names are non-refundable.

4. Domain names registration and management: The Company will register or renew any domain name on behalf of the Customer with a registrar selected by the Company. Customer's rights to any domain name registration or renewal are not granted by the Company, but are granted by ICANN, the registrar and the applicable laws.

Each domain ordered by the customer is registered on the name of the Customer and the Customer personal details are used for its registration. Each customer can manage his/her domain registered or transferred to the Company. The access to the domain name management tool is granted after a customer's request. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.

5. Domain Name Transfer: The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that:

•  The domain name to be transferred is not in 'locked' Status.

•  The Customer has access to the administrative contact email for the domain.

•  The Customer can provide the Company with the domain EPP key code, applying to domains for which there is such a code.

•  There are more than 15 days till the domain name expiration date.

•  The domain name was registered for the first time more than 60 day ago.

•  The domain name has extension that the Company is able to register.

The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to comply with the terms above. Renewal fee for any transferred domain converted into a primary domain are due at the end of the registration period for the Domain Name.

6. Private SSL Certificate: The Company will charge the customer the appropriate fee, depending on the Customer's order of the SSL certificate. The fee is applied and should be paid on a per year basis. The fee is non-refundable and includes the following services:

•  One year registration of an SSL certificate on the name of a company, specified by the Customer.

•  Installation of the SSL certificate on the Customer's account.

•  Dedicated IP for the SSL added to the Customer's account.

Any SSL certificate can be used only with the domain name, specified by the Customer in the SSL certificate order form. The Customer is fully responsible for the correctness of the information filled in by him/her during the SSL certificate order process.

Renewal fee is due for the SSL certificate one year after the initial SSL certificate registration.


7. Website Hosting & Maintenance Services: By accepting our Domain Name Services, You agree to all the terms & conditions published on this page, including :

•  We undertake to provide you 99.8 % uptime all the time. The Company guarantees that the critical infrastructure systems, including power and HVAC, will be available 99.8% of the time in a given month (no more than 60 minutes downtime per month), excluding scheduled maintenance. After 60 minutes, The Company will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 50% of monthly fee).

•  The service is for 1 year or any additional period that is paid for and thereafter, in case, there is no renewal after paying the appropriate and required renewal fees, The Company Services will not be available to you. The Company will intimate you on the renewal of the service that is due but it is not the responsibility of The Company to give you such intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you.

•  You acknowledge and agree that the service will commence only after complete payment of the agreed amount.

•  By submitting a Domain to The Company for Registration, you are also warranting that you have the authority and legal capacity to enter into this Agreement.

•  You, as a buyer hereby authorize The Company to list itself as the registrant, give its billing, technical & administrative contacts and name its servers in connection with your domain name / e-mail address and to take any actions The Company deems appropriate in these capacities.

•  In the event of non-payment of any services beyond the stipulated time, The Company reserves the right to re-sell the Domain, Layout & all other related material to any third party or use itself, including the Domain/ Content / Structure/ Layout and all other related material without any intimation & no further correspondence in this regard would be entertained.

C. Website Designing / Development Services


By accepting our Domain Name Services, You agree to all the terms & conditions published on this page, including :

1. We design / develop websites / applications as per your specifications. Under the design process, we offer unlimited updates/ changes till you are satisfied with the final outcome OR, as per the contract terms.

2. The service is for 1 year or any additional period that is paid for and thereafter, in case, there is no renewal after paying the appropriate and required renewal fees, The Company Services will not be available to you. The Company will intimate you on the renewal of the service that is due but it is not the responsibility of The Company to give you such intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you.

3. You acknowledge and agree that the service will commence only after complete payment of the agreed amount.

4. The Complete Content on your website is owned By you. You agree to indemnity and hold harmless The Company , its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any copyright/ intellectual property / any other rights violation. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

5. You, as a buyer hereby authorize The Company to list itself as the registrant, give its billing, technical & administrative contacts and name its servers in connection with your domain name / e-mail address and to take any actions The Company deems appropriate in these capacities.

6. The Company Web Submission & Online Promotion Services are subject to Search Engine Guidelines which could be accessed at individual search engine sites. We do not Guarantee any Priority Listing / Domain Listing in any search engines. We optimize web sites for better search engine visibility & hence generate better results for all of our members.

7. In the event of non-payment of any services beyond the stipulated time, The Company reserves the right to re-sell the Domain, Layout & all other related material to any third party or use itself, including the Domain/ Content / Structure/ Layout and all other related material without any intimation & no further correspondence in this regard would be entertained.

D. E-mail Services
By accepting our Email and/or Domain Name Services, You agree to all the terms & conditions published on this page, including :

1. To provide the personalized e-mail / domain name, You hereby authorize The Company to acquire your selected domain name / e-mail address.

2. You, as a buyer hereby authorize The Company to list itself as the registrant, give its billing, technical & administrative contacts and name its servers in connection with your domain name / e-mail address and to take any actions The Company deems appropriate in these capacities.

3. Spamming is an offence and not permitted. Spamming includes the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list, which the recipient has not specifically requested. You acknowledge and confirm that you will not use your Mail account for the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of email. You agree that you will not use The Company Mail service for illegal purposes or for the transmission of material that is unlawful. You also agree that you will not use the service for the transmission of material that is harassing, abusive, threatening, harmful, vulgar, obscene, or invasive of another's privacy. You agree not to use excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), installing continuously running programs, and reselling CGI scripts. You further agree that you are solely responsible for your content and you acknowledge that The Company acts as a passive conduit for the distribution and transmission of your data. You represent and warrant the content you provide to The Company Mail (a) does not infringe on The Company's or any third party's intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalized up to and including termination of your rights to use the service and any other remedies available to The Company by law.

4. The Company will not monitor, edit, or disclose the contents of your Mail account or your mailbox, except for the business queries generated through the website, that User agrees The Company may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce The Company Terms and Conditions; (d) to respond to claims that such contents violate the rights of third parties; (e) to protect the rights or property of The Company or others; and (f) to identify or resolve technical problems or respond to complaints about the service.

5. All the contents of this Service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Service is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Service.

The information from or through this service is provided on "AS IS " basis , and all warranties , expressed or implied of any kind, regarding any matter pertaining to any goods , service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

The Company and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that The Company Mail service has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any The Company Mail Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by The Company. The Company Mail SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Certain links on the Service lead to resources located on servers maintained by third parties over whom The Company has no control or connection , business or otherwise . These services are external to The Company and by visiting these , you are outside The Company web service and its channels. The Company neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage , loss or harm , direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these services.

6. You agree to indemnify and hold harmless The Company, its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site. You agree that your obligations to indemnify under "Indemnity" in The Company Terms & Conditions any claim or demand associated with your domain name / e-mail address.

7. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

 
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