Terms and Conditions of India Everything
India Everything Internet Services (hereafter referred to as "India Everything") registers Domains on the Internet through the relevant governing bodies, Hosts websites and related material on the India Everything server(s) on behalf of Applicants (hereafter referred to as "Applicant"), and re-sells Internet Dial-Up Services. These terms and conditions apply to the services offered by India Everything. Your Free Domain Registration is provided with the clear assumption that you intend to Host with India Everything for a minimum period of 12 months. If your intention is to just use our Free Policy to get your domain registered and then immediately cancel your hosting, we will cancel your domain name. Our Hosting and Free Registration is sold as a Package and cannot be separated, i.e. we will not pay for your registration if its not combined with any of our hosting accounts. India Everything will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement. If within 12 months you request to transfer the domain name to another hosting provider you will be liable for the initial registration cost, one month's hosting cancellation fee, and the initial cost of website introduction page creation. The Domain Name / Hosting Applicant hereby: acknowledges that India Everything has not and does not conduct pre-registrability searches in respect of the Applicants use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name Applicant about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights; and confirms that the use or registration of the Domain Name by Applicant does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Applicant has the right to use the Domain Name as requested; acknowledges and agrees that India Everything cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Applicant acknowledges that India Everything may be presented with evidence that a Domain Name registered by Applicant violates the rights of a third party. In such instance India Everything shall be allowed to provide a complainant with Applicant's name and address and all further communication will exclude India Everything and India Everything will have no further obligations to the Applicant. In such instance Applicant shall be entitled to continue using the Domain Name registered for Applicant by India Everything until a court directs otherwise. acknowledges that India Everything will not be liable for any loss of use, 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, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Applicant’s selected domain names/s. accordingly indemnifies India Everything against any loss whatsoever arising from any dispute or claim occasioned by the Applicant’s use and registration of its selected Domain Name, even if India Everything has been advised of the possibility of such damages. Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges. India Everything will exercise no control whatsoever over the content of the material hosted on, or the information passing through the India Everything network. India Everything makes no warranties or representations of any kind, whether express or implied as to the service it is providing. India Everything also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Applicant, including loss of data resulting from delays, non-deliveries or service interruptions or from any cause whatsoever, or errors or omissions on the part of the Applicant. Use of any information obtained through India Everything is at the Applicant's own risk, and India Everything specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any reference to Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth. India Everything expressly limits its damages to the Applicant for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. India Everything specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Applicant expressly agrees that use of India Everything's Server(s) and Services are at Applicant's sole risk. Neither India Everything, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that India Everything's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the India Everything Server service, unless otherwise expressly stated in this Agreement. India Everything does not host any materials which are deemed to be offensive or illegal. This includes Pirated software, Pornography and sex-related merchandising, Violations of Copyrights, Hacker programs or archives, Warez sites, IRC servers, IRC bots and Hate propaganda. India Everything reserves the right to host any materials and may, at its option and at any time, reject this material, including but not limited to any time after it has been put on India Everything's server(s). India Everything agrees to notify Applicant immediately of its refusal of the material and afford Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of India Everything. If the Applicant fails to modify the material, as directed by India Everything, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated. Individual mail sent to the applicant's Pop3 box or forwarded to the applicant's existing email address may be limited to 3000k in size each. Applicant or its Agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the Applicant to contract on Applicant's behalf. A cancellation request in respect of any Domain registration or Web Hosting must be furnished in writing or fax to India Everything one calendar month (30 days) before the date of ceasing the service. The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Applicant shall ensure that there are sufficient funds in the account, details of which have been supplied to India Everything to cover such amount. In the event that a debit order amount is recalled due to incorrect information supplied by applicant or due to insufficient funds in the applicant's bank account the hosting of the website will be immediately suspended. In the case of a website being suspended due to non-payment a reconnection fee of R200.00 will be payable before the website is unsuspended Applicant confirms that all statements made in this application are true and correct. Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of India India Everything reserves its rights to change its prices at any time on reasonable notice. All forms of "Deep linking" are prohibited unless written permission is given. India Everything does NOT provide SMTP mail services by default with any hosting packages. These are available with our Internet Dial-Up services at an additional charge. India Everything reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary at it's sole discretion. Should Applicant Breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, India Everything has the right (solely at India Everything's discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and / or delictual rights which India Everything may have. The Applicant acknowledges that the terms and conditions hereof may not be varied or cancelled except in writing and signed by India Everything and the Applicant. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.