Terms & Conditions

I (a) DOMAIN NAME

1. AGREEMENT

In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us" and "our" refer to XS INFOSOL Inc. (hereinafter referred to as XS Infosol) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. The clause 19 sets out the additional provisions specific to .biz; .asia; .me and .tel TLD domain name registration. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published/ mailed by us.

2. SELECTION OF DOMAIN NAME

We cannot check and are not obligated to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.

3. Responsibilities of Parties

a) You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation.

b) Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the agreement and be a basis for cancellation of the domain registration.

c) If you intend to license use of the domain name to a third party, nonetheless, you are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. The Registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

d) We shall provide notice to each new or renewed Registrant stating:

• (i) The purposes for which any Personal Data collected from the applicant/registrant are intended;
• (ii) The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
• (iii) Which data are obligatory and which data, if any, are voluntary; and
• (iv) How the Registrant or data subject can access and, if necessary, rectify the data held about them.

e) You shall consent to the data processing referred to in Clause (d).

f) You shall represent that notice has been provided equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to the Company by you, and that you have obtained consent equivalent to that referred to in Clause (e) of any such third-party individuals.

g) We agree that we’ll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above.

h) We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

i) You shall represent that, to the best of your knowledge and belief, neither the registration of the domain Name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party.

j) For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.

k) You shall agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.

l) You shall indemnify and hold harmless the Company, and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

4. FEES PAYMENT AND TERM

As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. 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 for 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 Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the legal rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.

On the registration/transfer of a Domain name by XS Infosol, a default home page will be displayed that could contain the following information:

• 1. Name of the registrant
• 2. Email address of the registrant
• 3. Address of registrant
• 4. Logo of XS Infosol domains (site from which the domain is registered)
• 5. Logo of XS Infosol (server on which domain is hosted initially)

Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year but in case of .biz, .info and .asia minimum period 2 yrs.) from the date of the registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. As a security measure all .in domain shall be under transfer lock and auth codes for unlocking the domain not due for renewal within 45 days shall be given to customer on request. In case the date of renewal is less than 45 days auth code for such domains shall be given to customer only after renewal. The payment for re-registration must be received at least 15 days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that XS Infosol cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since XS Infosol cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that XS Infosol may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.

All payments are to be made in favour of "XS INFOSOL Inc." payable at New Delhi. No outstation cheques are accepted. At the back of the cheque / Demand draft you are required to mention your Order ID and domain name(s) you have booked against each order ID. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of XS Infosol, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. XS Infosol reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by XS Infosol at its sole discretion). In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to XS Infosol as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

As per the ICANN Policy the Registrar shall send atleast two reminder mails/notice to the Registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on timely basis. However, at the conclusion of the registration period , failure by the Registrant to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than two reminder mails for renewal prior to the date when a renewal is due. Domain renewal status can be checked by you from the control panel provided to you. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as "intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by XS Infosol due to non payment of dues or any other reason attributable to you does not amount to Hacking.

5. MODIFICATION OF AGREEMENT

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Domain Name Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

6. MODIFICATION TO YOUR ACCOUNT

In order to change any of your account information with us, you must use your CRN ID (that you were assigned when you opened your account with us) and Password (that you use to login to your panel). Please safeguard your Account Identifier i.e. the CRN ID and Password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your CRN ID or Password. However processing of any transaction relating to your domain, may require certain modification, for which purposes you authorize us to modify your domain details for processing your requested transaction on your behalf. That such modification to your domain details will be restored back within 30 days from the date when the requested transaction has been successfully executed.

7. DOMAIN NAME DISPUTE POLICY

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site, the modified dispute policy is applicable.

8. DOMAIN NAME DISPUTES

You agree that, if the registration or reservation or transfer of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

9. DOMAIN NAME RENEWALS AND DELETION POLICY

If you fail to renew your domain name, the domain names under XS Infosol will be renewed automatically on your behalf for a period of one (1) Year. After auto renewal of your domain name you will have a Renewal Grace Period of 38 days during which you may reimburse the renewal fee and keep your domain name. That a Domain under Renewal Grace Period shall on expiry of 21st day be put on HOLD (i.e. domain gets disabled and all services like hosting/mailing gets stopped). If you do not reimburse such renewal charges during the renewal grace period your domain with Hold status shall be flagged for deletion on the 38th Day, after which you will have a 30-day redemption period during which you may pay the Redemption fee and renewal charges and redeem your domain name from the Registry. The maximum redemption fee is INR 10,000/- and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the Redemption Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.

10. AGENTS

You agree that, if an agent for you (i.e., an Internet Service Provider, web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

11. ANNOUNCEMENTS

We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit windows, expanding buttons or animations 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 search on the Internet.

12. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:

• (1) loss or liability resulting from access delays or access interruptions;
• (2) loss or liability resulting from data non-delivery or data mis-delivery;
• (3) loss or liability resulting from acts of God;
• (4) loss or liability resulting from the unauthorized use or misuse of your CRN ID or Password;
• (5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or services(s) provided under this Agreement;
• (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s hired by you.

13. INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

14. INACCURATE OR UNRELIABLE DATA

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

15. RIGHT OF REVOCATION

Registrant agrees that registrar may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement. Registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if it is reasonably determined by registrar in its sole discretion, that Registrant or any other person uses or perceived to use the domain name in connection with: a) Any activity that infringes the intellectual property rights or other rights of third parties; b) Any activity that defames or disparages any person; or c) Any illegal activity including but not limited to, pornography and/or nudity of any kind, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature; or d) Any otherwise illegal or fraudulent activity.

16. BREACH

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

17. NO GUARANTEE

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection either to registration, reservation, transfer or use of the domain name. The allotment of Order ID number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name.

18. DISCLAIMER OF WARRANTIES

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.

19. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services within such thirty (30) calendar days period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or register you for other Services.

20. (A) SPECIFIC TO .BIZ TLD's

(1) .Biz Registrations: Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

• To exchange goods, services, or property of any kind;
• In the ordinary course of trade or business; or
• To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

(II) .Biz Certification: As a .biz domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of selling, trading or leasing the domain name for compensation. The domain name Registrant has the authority to enter into the registration agreement; and the registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

(III) Provision of Registration Data: As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. You agree and understand that the registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy.

(IV) Domain Name Dispute Policy: If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by the current domain name dispute policy that is incorporated herein by reference, including the Start-up Trademark Opposition Policy ("STOP") and the Restrictions Dispute Resolution Criteria and Rules ("RDRP").

(VI) Reservation of Rights: XS Infosol and the .biz registry operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, or to avoid liability.

20. (B) SPECIFIC TO .ASIA TLD

The terms and conditions, and any applicable Published Policies of .asia Domain names by the DotAsia Organisation Limited (DotAsia), constitutes the entire agreement between us and you for the registration of the .asia Domain Name. You acknowledge and agree that you must meet the Charter Eligibility Requirements (CED) as set out in the Registry Policies of the Registry Administrator, and provide a valid CED Contact designated to make such declaration. Registrant agrees to nominate one natural person or legal entity as the CED Contact, and accepts that the Registrant and the CED Contact will be jointly responsible for the .asia domain name in relation to domain disputes. Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ('UDRP') and Charter Eligibility Dispute Resolution Policy ('CEDRP').

20. (C) SPECIFIC TO .ME ccTLD's

You represent and warrant that you meet the eligibility requirements of .me ccTLD. You further agree to be bound by any registry rules, policies and agreements for .me ccTLD, which are incorporated and made part of this agreement herein.

20. (D) SPECIFIC TO .TEL gTLD's

You represent and warrant that you meet the eligibility requirements of .tel gTLD. By applying to register a .tel domain name through XS Infosol, you unconditionally accept and agree to be bound by all policies and terms and conditions for .tel Domain Names, including the Sunrise Policy, Acceptable Use Policy, and other guidelines issued by the Registry from time to time.

20. (E) SPECIFIC TO DOMAIN ENDING IN .UK

By registering a domain name ending in .uk through XS Infosol, you enter into a contract of registration with Nominet UK. You agree to Nominet’s terms and conditions, including giving correct name and contact details, notifying Nominet of any court proceedings, and resolving disputes via the Nominet Dispute Resolution Service (DRS).

20. (F) SPECIFIC TO DOMAIN ENDING IN .XXX

By registering the domain name ending in .xxx through XS Infosol, you enter into a contract of registration with ICM Registry, LLC. You agree that your use of the name will not infringe upon the intellectual property rights of any third party, that you are at least 18 years of age, and that you submit to UDRP, CEDRP, and Rapid Evaluation Service (RES) proceedings as defined by the Registry.

20. (G) Specific to .pro domain

.pro registrations must be used or intended to be used primarily for bona fide professional activities. You represent and warrant that you have the evidence of qualification for registration of the domain in the .pro TLD, and agree to the Qualification Challenge Policy and Rules.

20. (I) SPECIFIC TO .HK DOMAIN

For registering a domain name ending in .hk, the Registrant agrees to enter into a contract with Hong Kong Internet Registration Corporation Limited & Hong Kong Domain Name Registration Company Limited and comply with all applicable policies, procedures, and dispute resolution rules.

21. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

22. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

23. HEADING

Headings used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

24. NOTICE

You agree that, unless other instructions are posted on the XS Infosol Web site, 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 certified mail to:

XS Infosol Inc.
C-34, Sector-2,
Noida - 201307 (U.P.)
Email: info@xsinfosol.com

25. NON-WAIVER

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

26. ENTIRETY

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

27. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction of the National Capital Territory Region of Delhi.

28. INFANCY

You attest that you are of legal age to enter into this Agreement.

29. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM.

I (b) DOMAIN NAME DISPUTE POLICY

Uniform Domain Name Dispute Resolution Policy (UDRP)

1. PURPOSE

This Policy sets forth the terms and conditions in connection with a dispute between you and any party other than us over the registration and use of an Internet domain name registered by you. Proceedings will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy.

2. YOUR REPRESENTATION

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations.

3. CANCELLATION, TRANSFERS AND CHANGES

We will cancel, transfer or otherwise make changes to domain name registrations upon receipt of written or appropriate electronic instructions from you or your authorized agent, receipt of an order from a court or arbitral tribunal of competent jurisdiction, and/or receipt of a decision of an Administrative Panel requiring such action in an administrative proceeding conducted under this Policy.

4. MANDATORY ADMINISTRATIVE PROCEEDING

You are required to submit to a mandatory administrative proceeding in the event that a third party asserts to an approved provider that: (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith.

Circumstances indicating bad faith registration and use include registering the domain name primarily for the purpose of selling or renting it to the complainant for valuable consideration in excess of out-of-pocket costs, registering it to prevent the mark owner from reflecting the mark in a domain name (if a pattern of conduct exists), disrupting a competitor's business, or intentionally attempting to attract users for commercial gain by creating confusion with the complainant's mark.

5. ALL OTHER DISPUTES AND LITIGATION

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. OUR INVOLVEMENT IN DISPUTES

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding.

7. MAINTAINING THE STATUS QUO

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. TRANSFERS DURING A DISPUTE

You may not transfer your domain name registration to another holder during a pending administrative proceeding or for a period of fifteen (15) business days after it is concluded, or during a pending court proceeding or arbitration unless the receiving party agrees in writing to be bound by the decision. You may not transfer your domain name registration to another registrar during a pending administrative proceeding.

9. POLICY MODIFICATION

We reserve the right to modify this Policy at any time with the approval of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective.

II WEBSITE HOSTING

1. AGREEMENT

This Agreement explains our obligation to you and explains your obligation to us for web hosting service. By using the services under this Agreement, you acknowledge that you have read and that you agree to be bound by all the terms and conditions of this Agreement.

2. SERVICES

XS Infosol has agreed to provide Web Hosting services to the Client on receipt of fee as applicable on the date of applying for the service, renewal, etc.

3. FEES & PAYMENT

As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. All payments are to be made through Cheque/ Bank Draft in favour of "XS INFOSOL Inc." payable at New Delhi. The payments are required to be paid in advance otherwise XS Infosol would not proceed with providing of its Services. In case payment is made by Credit Card, then the registrant is required to send a Confirmation Letter duly signed by him. XS Infosol reserves the right to stop the services if the confirmation letter is not received within 10 days of allotment of Order ID.

We will try to notify thirty (30) days prior to when a renewal fee is due. Should a renewal fee go unpaid within the time specified regarding renewal, the hosting service will be cancelled. Stoppage of service due to non-payment or any other reason attributable to you cannot be held as intent to cause wrongful loss or damage, and does not amount to Hacking.

4. TERM AND TERMINATION

a) The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the service.
b) The Client can terminate the service by giving a prior 30 days notice. Client is required to settle the full payment for the engagement period fees.
c) XS Infosol can terminate the services if Client becomes insolvent, delinquent, unable to pay its debt, or violates any term of this Agreement, or if client is pursuing or perceived to pursue any illegal activity (including adult content and pornography).

5. CLIENT COVENANTS

Client shall not distribute on the website any content that: (a) infringes on the intellectual property rights of any third party; (b) violates any law, statute, or regulation; (c) is defamatory, trade libellous, threatening or harassing; (d) is obscene, pornographic or indecent; (e) contains viruses; or (f) constitutes SPAM. If we receive any complaint regarding SPAM, we will terminate the services immediately without notice or refund.

6. INDEMNITY

Client shall indemnify, defend and hold XS Infosol harmless against any third party claim, action, suit or proceeding alleging any breach of the Client Covenants or arising from errors or inaccuracies in the content.

7. CONFIDENTIAL INFORMATION

Confidential information will be kept in confidence and protected from disclosure to unauthorized persons. If either party is required to disclose any proprietary information of the other party by law, it shall provide notice to the other party in a timely fashion.

8. LIMITATION OF LIABILITY

XS Infosol shall not be liable for any delay or default in performing its obligations hereunder if caused by force majeure (wars, riots, strikes, electricity failure, Department of Telecom policy changes, acts of God). Under no circumstances aggregate liability payable by XS Infosol will exceed the total fee received from the Client under this Agreement.

9. OUTSOURCING

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.

10. NON-SOLICITATION

Client shall not hire or contract any of XS Infosol employees during the period of this Agreement and for a period of two (2) years following the termination or cancellation of this Agreement.

11. GENERAL

A. Domain Name: If Client wishes to register a domain name, XS Infosol shall co-operate. Client shall pay all fees. Client shall own all right, title and interest in the domain name. XS Infosol will provide Domain Name Server (DNS) assistance. Client agrees to hold XS Infosol harmless from any errors made as a result of third party's management of DNS or E-mail.
B. Performance: XS Infosol will not be responsible for refunding any fees paid by Client.
C. Cancellation of Web Hosting: XS Infosol can terminate the services if the Client is utilizing more than the sanctioned space. Upon cancellation, XS Infosol shall replace the home page with a standard error message. XS Infosol can provide a copy of the website for a fee of Rs. 5,000.
D. Modification: XS Infosol may modify the service at its sole discretion.

12. AGENTS

You agree that, if an agent purchased our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein.

13. ANNOUNCEMENTS

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.

14. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a month and overwrites previous backups. XS Infosol is not responsible for files and/or data residing on your account. You agree to maintain appropriate backups.

15. Log Maintenance

All Server Customers must maintain all server logs as prescribed under the Information Technology Act 2000 and rules made thereunder for investigation of suspected violations. Customer shall cooperate fully with law enforcement authorities.

16. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. XS INFOSOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. GOVERNING LAW

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction of the National Capital Territory Region of Delhi.

18. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force.

19. HEADING

Headings used in this Agreement are for reference purposes only and do not affect this Agreement.

20. ASSIGNMENT

The parties' rights and obligations will bind and inure to the benefit of their respective successors and assignees.

21. INDEPENDENT CONTRACTORS

The parties are independent contractors. Personnel supplied by XS Infosol shall work exclusively for XS Infosol.

22. NOTICE

Any notices required or permitted hereunder shall be sent to XS Infosol Inc., C-34, Sector-2, Noida - 201307 (U.P.), Email: info@xsinfosol.com.

23. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and Agreement of the parties and supersedes any and all oral or written Agreements.

24. INFANCY

You attest that you are of legal age to enter into this Agreement.

25. ACCEPTANCE OF AGREEMENT

You acknowledge that you have read this Agreement and agree to all its terms and conditions.

Annexure-I: For Payment of Credit Card / Confirmation Letter

I confirm having booked the services of XS INFOSOL Inc. vide my order no.___________ and authorize Net 4 India Ltd. or their duly appointed agent to debit my credit card account with Rs. ________________.

III CYBER WALLET

1. DEFINITIONS

a) "Cyber Wallet" shall mean an account of the Partner with Net 4/XS Infosol which is designated for availing facility/services.
b) "Facility" or "Services" shall mean the facility of availing various services (domain name, hosting, email, leased lines).
c) "Agreement" shall mean Partner Agreement pursuant to which partner maintains an advance deposit in the Cyber Wallet.
d) "Partner" shall mean Client having an Account and requesting services.

2. APPLICABILITY

The Partner shall by applying for or availing of the Facility, acknowledges as having read, understood and accepted these Terms & Conditions governing Cyber Wallet.

3. PAYMENTS

The Partner shall be solely liable for maintaining sufficient funds in the Cyber Wallet. Multiple Instructions will be honored depending upon the aggregate balance available at the relevant time. Net 4/XS Infosol is not responsible/liable for unwinding any transactions on account of insolvency or liquidation of the Partner.

4. DEBIT BALANCE

If for whatever reasons the Cyber Wallet has a debit balance, Partner shall pay interest and other charges as may be decided by Net 4/XS Infosol.

5. REPRESENTATIONS AND WARRANTIES

The Partner represents that it has full power to perform its obligations. The Partner shall be solely responsible for any acts, errors, omission or fraud on the part of its employees. The Partner unconditionally authorizes Net 4/XS Infosol to reverse any credit entry in the Cyber Wallet if the same has been wrongly credited.

Net 4/XS Infosol shall not be liable legally or financially for any inaccuracy or delay due to force majeure (acts of God, power failure, communications failure, etc.).

5. MISCELLANEOUS

Net 4/XS Infosol shall have absolute discretion to amend or supplement the Terms & Conditions and rates. The Partner is responsible for regularly reviewing these terms on the website.

6. DISCLAIMER

Net 4/XS Infosol makes no express or implied warranty with respect to the Facility, and does not warrant that it will be uninterrupted or timely.

7. SERVICES

Net 4/XS Infosol may terminate and/or suspend the Services provided hereunder at its sole discretion any time without prior notice.

IV EMAIL

1. AGREEMENT

This Agreement explains our obligation to you and explains your obligation to us for WEBMAIL/EMAIL service. By using the services, you acknowledge that you agree to be bound by all the terms and conditions.

2. SERVICES

XS Infosol has agreed to provide EMAIL services to you on charges as may be applicable on the services selected by you. The service is provided only for circumscribed purposes as per the plan selected.

3. TERM

You agree to subscribe to EMAIL services for the minimum subscription of 1 year.

4. PAYMENTS

On subscription of EMAIL services you agree to make advance payments for the services (Inclusive of applicable taxes) as per the accepted payment plan.

5. TERMINATION OF SERVICE

Non-renewal of EMAIL service on expiry of term shall result in termination of services. We have no obligation to you after any termination or deactivation of an EMAIL account.

6. CUSTOMER OBLIGATION AND DUTIES

You must use the services in accordance with all applicable laws and regulations. You agree that you will not: send junk mails, spam or unsolicited mails; change your identity to send bulk mail; impersonate any person; forge headers; transmit anything defamatory, obscene, or containing child pornography; commit fraud or financial scams; violate intellectual property rights; or introduce viruses.

7. INTERCEPTION OF COMMUNICATION

We may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems, and report details to statutory authorities.

8. INDEMNITY

You shall indemnify, defend and hold XS Infosol harmless against any third party claim, action, or proceeding alleging any breach of Customer Obligations or duties.

9. CONFIDENTIAL INFORMATION

Proprietary or confidential information shall be used solely for the purposes of this Agreement and shall not be disclosed without written consent.

10. LIMITATION OF LIABILITY

XS Infosol shall not be liable for any delay or default in performing its obligations if caused by force majeure. XS Infosol shall not be responsible for any claimed damages arising out of loss or corruption of data during transit or storage on XS Infosol Mail servers.

11. AGENTS

You agree that, if an agent uses our services on your behalf, you are nonetheless bound as a principal.

12. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services.

13. WARRANTIES

THE WEBMAIL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. XS INFOSOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

14. MODIFICATION

We reserve the right to modify any or all terms including charges at any time without notice. By continuing to use our services, you agree to be bound by the changed terms.

15. SEVERABILITY

You attest that you are of legal age to enter into this Agreement.

16. HEADING

You acknowledge that you have read this Agreement and agree to all its terms and conditions.

17. ASSIGNMENT

The parties’ rights and obligations will bind and inure to the benefit of their respective successors and assignees.

18. NOTICE

Any notices required shall be sent to XS Infosol Inc., C-34, Sector-2, Noida - 201307 (U.P.), Email: info@xsinfosol.com.

19. GOVERNING LAW

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction of Delhi courts.

20. INFANCY

You attest that you are of legal age to enter into this Agreement.

21. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and Agreement of the parties.

22. ACCEPTANCE OF AGREEMENT

You acknowledge that you have read this Agreement and agree to all its terms and conditions.

V E-mail Archival Service

1. AGREEMENT

This Agreement explains our obligation to you and explains your obligation for the e-mail archival service. By using the services, you agree to be bound by all the terms and conditions.

2. E-mail Archival Service

This service will provide you with the data retention of the e-mails maintained under a particular e-mail accounts/ID. It helps in maintaining records of your earlier mails and the data therein.

3. Data Retention

The data retention is provided on a First-in-First-out (FIFO) basis. For example, in a 1 yr account, data will be retained for the last 365 days only. Archival facility is provided only on data processed after anti-spam filtering.

4. Payment

All payments shall be made in advance. No transaction will be processed unless the payment in respect thereof is received in advance. Payment shall be made in INR only.

5. Interception of Communication

By subscribing to the archival service, you agree that we may intercept, block, filter, read and monitor any communication you store to the extent allowed by law, and report details to statutory authorities.

6. TERMINATION

Non-Renewal of archival service well before the expiry of the term will result in termination of services and the whole data maintained in the account will be deleted, without any grace period.

7. Upgradation of Service

• On upgradation, prices will be revised for the current account as per the higher pack value.
• Only the data which exists in the account at the time of upgradation will be retained; previous deleted data is removed in whole.
• Periodicity of the account will remain unchanged on upgradation.

8. MISUSE OF SERVICE

If the service is being misused by forwarding e-mails from multiple IDs to the ID on which Archival service is active, services may be suspended without any refunds or prior notice.

9. PRIVACY

Please read our Privacy Statement. By agreeing to these Terms, you also agree that XS Infosol may collect and use your personally identifying information in accordance with the Privacy Statement.

10. INDEMNITY

You agree to indemnify, hold harmless, and defend XS Infosol from and against all losses, damages, costs, and attorney's fees resulting from violation of these Terms or related to your account.

11. LIMITATION OF LIABILITY

You expressly agree that XS Infosol shall have no liability for any loss of revenue, profit, data, or for any incidental, consequential, special, or indirect damages. Liability shall not exceed the monies paid in the 12 months preceding the cause of action.

12. MODIFICATION OF TERMS OF SERVICE

XS Infosol reserves the right to modify these Terms. Continued use of the Services after such change will be deemed acceptance of the modified Terms.

13. SEVERABILITY

If any term or provision of this agreement is deemed invalid, all other terms shall remain in force.

14. WAIVER OF RIGHTS

Any failure to enforce any right under this agreement will not waive that right.

15. NON-AGENCY

Nothing contained in this Agreement shall be construed as creating any agency or partnership between the parties.

16. NOTICE

Notices under this Agreement will be deemed given if delivered to XS Infosol Inc., C-34, Sector-2, Noida - 201307 (U.P.), Email: info@xsinfosol.com.

17. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India and submit to jurisdiction of Delhi courts.

18. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.

VI EXMAIL

1. PAYMENTS

a) Monthly Payments (*Promotional offer): The subscription charges shall be payable in equivalent monthly payments in advance. Payment must reach us before expiry of 30 days. Failure to receive payment will result in deactivation of EXMAIL services.
b) Yearly Payments: The total subscription charges of 12 months shall be payable in advance. Renewal payments must be received 30 days prior to expiry of your account.
c) Reactivation of Service: Reactivation charges of Rs. 500/- excluding the pack charges shall be payable in case of default in timely payment.

2. TERMINATION OF SERVICE & DELETION OF DATA

In case your account remains deactivated for a continuous period of 10 days without renewal, we shall delete all emails and account details maintained with us. We have no obligation to you after termination.

VII XS Infosol Secure

1. SERVICE

We will scan your website to ensure that your website passes the CERT India’s Guidelines and APPIN Security Groups Twenty Most Critical Internet Securities Vulnerabilities Test. If vulnerabilities exist, XS Infosol Secure will provide detailed information on each risk, severity, and potential impact. On fulfilling the criteria, XS Infosol shall put the XS Infosol Secure Seal on the scanned website.

2. RIGHT TO DISPLAY THE XSInfosolSECURE CERTIFICATION SEALS

You agree to use only the HTML source code provided by XS Infosol/Net 4 for display of the Seals. You are prohibited from using the Seals for any other organization or domain name. You will not alter the Seals in any form, or artificially change the size or shape of the images.

3. AUTHORITY TO CONDUCT SCAN & TEST

You understand and agree that conducting tests inherently includes invasive and intrusive ethical hacking, which includes attempts to gain unauthorized access to your Systems. This may result in degradation of your System, log file disk consumption, or occasional slowdowns/hanging. You hereby give your informed consent to intrusion into your Systems by us for the sole purpose of performing the Evaluation Services.

4. TERM & TERMINATION

You agree that the term of this agreement shall be One year from the date of registration and can be renewed. This agreement can be terminated by you once you have stopped using the services.

5. ACCEPTABLE USE POLICY

1.0 Purpose: Outlines the acceptable use of computer equipment to protect employees and systems from virus attacks, legal issues, or compromise.
2.0 Scope: Applies to employees, contractors, consultants, and all equipment owned or leased by you.
3.0 Policy - 3.1 General Use: Corporate systems remain the property of the network. Authorized individuals may monitor systems and traffic to ensure compliance.
3.2 Security: Keep passwords secure; PCs should be password protected. Employees must use approved virus-scanning software and exercise caution when opening email attachments.
3.3 Unacceptable Use: Any illegal activities under local, state, or international laws are strictly prohibited. This includes copyright violations, introducing malware, port scanning, or spoofing.
3.4(b) Email Activities: Sending unsolicited email (spam), harassment, forging headers, or forwarding chain letters is prohibited.
3.3(c) Blogging: Blogging must be done in a professional manner, and must not tarnish the image of the company or disclose confidential information.

6. SECURITY

You agree to maintain your account in a secure way. You may not reveal your password or secret question to others, or allow others to use your account after you log in.

7. SUPPORT

You agree that your use of the services is at your own risk. Support is provided only during standard working hours. Any additional support shall be under a separate agreement.

8. COPYRIGHT & INTELLECTUAL PROPERTY

All content provided by us is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services.

9. PRIVACY

Please read our Privacy Statement. By agreeing to these Terms, you also agree that we may collect and use your personally identifying information in accordance with the Privacy Statement.

10. CONFIDENTIALITY

You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. This obligation continues for one year after you stop using the Services.

11. TAXES

You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services.

12. INDEMNITY

You agree to indemnify, hold harmless, and defend XS Infosol from and against all losses, damages, costs, and attorney's fees resulting from violation of these Terms. Services are provided on an "As Is" basis.

13. LIMITATION OF LIABILITY

XS Infosol shall have no liability for any loss of revenue, profit, data, or for any incidental, consequential, special, or indirect damages. Liability shall not exceed the monies paid in the 12 months preceding the cause of action.

14. MODIFICATION OF TERMS OF SERVICE

XS Infosol reserves the right to modify these Terms. Your continued use of the Services after such change will be deemed acceptance of the modified Terms.

15. SEVERABILITY

You agree that if any term or provision of this agreement is deemed to be invalid, all other terms shall remain in force.

16. WAIVER OF RIGHTS

Any failure to enforce any right under this agreement will not waive that right.

17. NON-AGENCY

Nothing contained in this Agreement shall be construed as creating any agency or partnership between the parties.

18. HEADING

Headings used in this agreement are for reference purposes only.

19. NOTICE

Notices under this Agreement will be deemed given if delivered to XS Infosol Inc., C-34, Sector-2, Noida - 201307 (U.P.), Email: info@xsinfosol.com.

20. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India and submit to jurisdiction of Delhi courts.

21. INFANCY

You attest that you are of legal age to enter into this Agreement.

VIII MICROSOFT HOSTED DYNAMICS CRM

1. SERVICE

XS Infosol provides Microsoft Dynamics CRM solutions (N4CRM). N4CRM provides the tools and capabilities needed to create modules starting from marketing to first purchase and post-sales.

2. FEE & PAYMENT

You agree to pay us the applicable service fees. All fees are non-refundable. Payments must be paid in advance. In the event of a charge back or dishonor of cheque, XS Infosol can stop providing N4CRM services immediately without notice.

3. TERM & TERMINATION

The term of this Agreement shall be 12 months, automatically renewed unless terminated. Customer may cancel service at any time with 30-day written notice to unsubscribeCrm@xsinfosol.com. Setup and hosting fees are non-refundable.

4. SECURITY

You agree to maintain your account in a secure way. You will immediately notify XS Infosol of any unauthorized access from your account or password breach.

5. SUPPORT

Support is provided only during standard working hours. Any additional support shall be under a separate agreement.

6. COPYRIGHT & INTELLECTUAL PROPERTY

All content provided by us is protected under copyright law and you will not reproduce or distribute in any form, any part of the Services.

7. PRIVACY

Please read our Privacy Statement. By agreeing to these Terms, you also agree that we may collect and use your personally identifying information in accordance with the Privacy Statement.

8. CONFIDENTIALITY

You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure.

9. TAXES

You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services.

10. INDEMNITY

You agree to indemnify, hold harmless, and defend XS Infosol from and against all losses, damages, costs, and attorney's fees resulting from violation of these Terms.

11. LIMITATION OF LIABILITY

Liability shall not exceed the amount received by XS Infosol from Customer during the previous twelve (12) months.

12. MODIFICATION OF TERMS OF SERVICE

XS Infosol reserves the right to modify these Terms. Continued use of the Services after such change will be deemed acceptance of the modified Terms.

13. SEVERABILITY

If any term or provision of this agreement is deemed invalid, all other terms shall remain in force.

14. WAIVER OF RIGHTS

Any failure to enforce any right under this agreement will not waive that right.

15. NON-AGENCY

Nothing contained in this Agreement shall be construed as creating any agency or partnership between the parties.

16. HEADING

Headings used in this agreement are for reference purposes only.

17. NOTICE

Notices under this Agreement will be deemed given if delivered to XS Infosol Inc., C-34, Sector-2, Noida - 201307 (U.P.), Email: info@xsinfosol.com.

18. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India and submit to jurisdiction of Delhi courts.

19. INFANCY

You attest that you are of legal age to enter into this Agreement.

IX VPS SERVICE

1. FACILITIES

a) XS Infosol agrees to provide the non-exclusive use of a Virtual Private Server (VPS) to Customer. Access is limited to Customer and its authorized agents. XS Infosol reserves the right to require software upgrades for maintaining security.
b) Customer represents and warrants that Customer has the knowledge necessary to configure, maintain, monitor, and secure the Virtual Server. XS Infosol maintains the hardware only.
c) All Virtual Servers must use software configurations that conform to XS Infosol requirements.
d) XS Infosol shall not be responsible for the non-availability of the site and/or application due to any bugs or application failure, nor for outages on the Internet network.
e) Scheduled Maintenance: XS Infosol will conduct routine scheduled maintenance. Customer agrees to co-operate.
f) Support: Round the clock monitoring and fault reporting is provided during standard working hours.
g) Log Maintenance: Customer must maintain all server logs as prescribed under the Information Technology Act 2000 for investigation of suspected criminal violations.

2. FEE & PAYMENT

You agree to pay us the applicable service fees and security deposit. Subscribing customers must renew their monthly subscription at least 7 days before expiry, and yearly subscription at least 15 days before expiry, otherwise services will be stopped. All payments are in advance.

3. TERM & TERMINATION

The term is monthly/annually as per the service pack. Customer may cancel service at any time with 30-day written notice to vpssupport@xsinfosol.com. XS Infosol reserves the right to terminate account at any time without notice or refund in case of machine abuse, illegal activity, torrent use, proxies, or attempts to circumvent security policies.

4. SECURITY

Customer agrees that the security of the Virtual Server and all Services is solely Customer's responsibility. Customer shall be held fully responsible for any misuse or compromise. XS Infosol has the right to suspend access pending an investigation if any security violations are believed to have occurred.

5. MANDATORY SECURITY UPDATES

We notify our customers of any exploit we deem potentially catastrophic via email with subject line "Mandatory Security Update". Customers are responsible for following instructions within 24 hours. If software has not been updated or patched within 24 hours, XS Infosol reserves the right to apply updates and bill the customer's account.

6. SOFTWARE LICENSE

Third-party software provided with the services is licensed to Customer subject to EULA. Customer accepts and agrees to abide by EULA terms and will not use pirated software.

7. REPRESENTATIONS AND WARRANTIES

Each party warrants that it has the authority to enter into this Agreement, and will comply with all laws, regulations, and other legal requirements. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XS INFOSOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND.

8. LIMITATION OF LIABILITY

XS Infosol's entire liability concerning performance or non-performance under this Agreement, regardless of whether a claim is based in contract or tort, shall not exceed the amount received by XS Infosol from Customer during the previous twelve (12) months.

9. NETWORK ABUSE

Customer agrees to comply with XS Infosol’s current Acceptable Use policy. Customer agrees not to use any services to attempt unauthorized access to other networks.

10. COPYRIGHT & INTELLECTUAL PROPERTY

All content provided by us in connection with the Services is protected under copyright law and you will not reproduce or distribute any part of the Services.

11. PRIVACY

Please read our Privacy Statement. By agreeing to these Terms, you also agree that we may collect and use your personally identifying information in accordance with the Privacy Statement.

12. CONFIDENTIALITY

You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure.

13. INDEMNITY

You agree to indemnify, hold harmless, and defend XS Infosol from and against all losses, damages, costs, and attorney's fees resulting from violation of these Terms.

14. LIMITATION OF LIABILITY

XS Infosol shall have no liability for any loss of revenue, profit, data, or for any incidental, consequential, special, or indirect damages. Liability shall not exceed the monies paid in the 12 months preceding the cause of action.

15. MODIFICATION OF TERMS OF SERVICE

XS Infosol reserves the right to modify these Terms. Continued use of the Services after such change will be deemed acceptance of the modified Terms.

16. SEVERABILITY

If any term or provision of this agreement is deemed invalid, all other terms shall remain in force.

17. WAIVER OF RIGHTS

Any failure to enforce any right under this agreement will not waive that right.

18. NON-AGENCY

Nothing contained in this Agreement shall be construed as creating any agency or partnership between the parties.

19. HEADING

Headings used in this agreement are for reference purposes only.

20. NOTICE

Notices under this Agreement will be deemed given if delivered to XS Infosol Inc., C-34, Sector-2, Noida - 201307 (U.P.), Email: info@xsinfosol.com.

21. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India and submit to jurisdiction of Delhi courts.

22. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.