Uniform Domain-Name Dispute-Resolution Policy

General Information

All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.

To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links).

 

Principal Documents

The following documents provide details:

Ref. : https://www.icann.org/resources/pages/help/dndr/udrp-en 

Registrants Rights As per ICANN

Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement

Background: One of the new provisions added to the 2009 RAA requires ICANN to develop in consultation with registrars a webpage that identifies available registrant rights and responsibilities. This published document is the result of initial input from a joint working group of the GNSO Council and the At-Large Advisory Committee and subsequent consultations with the registrars; and provides a "plain language" summary of registrant rights and responsibilities that currently exist under the 2009 RAA.

Introduction

This document provides some "plain language" summarization of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on Registrar websites. While some of the terms included here do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. This document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA.'

The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy.

Preamble

In order to register a domain name, a Registered Name Holder (also known as a Registrant) has to use the services of an ICANN-accredited Registrar. In order to become an ICANN-accredited Registrar, the Registrar must enter into a contract with ICANN, referred to as the Registrar Accreditation Agreement or the RAA. The RAA sets out various rights and responsibilities for Registrants, and Registrants have additional rights and responsibilities that are set forth in separate ICANN policies and specifications that the Registrars agree to follow.

The RAA and the related policies are drafted in very specific, often legal terminology. In order to help Registrants better understand the rights and responsibilities that come along with the registration of a domain name, these rights and responsibilities are being summarized and presented within a single document. The summaries provided here do not override or replace the actual terms as written in the RAA or the related policies and specifications.

RAA Terms of Interest

As the RAA is between ICANN and a Registrar, no one else – including a Registered Name Holder – may sue ICANN or the Registrar to claim a breach of the RAA.

Registrars may not make claims that they can provide registrants with superior access to any relevant TLD in comparison to other Registrars.

Some of the Registrar obligations are dependent upon Registered Name Holders fulfilling certain responsibilities, particularly as it relates to payment of registration fees, submission of required data points to the Registrars, and submission of accurate data and timely updates to that required data. Registrars also have specific items on which they must provide notice to Registered Name Holders, including notifications of the end of a registration term, use of Registered Name Holder’s Personal Data, and notices regarding escrowing of data for domain names registered through privacy or proxy registration services, as well as the posting of fees for the recovery of registered names.

Registrar Submission of Data to Registry Operators

For each relevant TLD, Registrars must submit certain data points relating to each Registered Name within a TLD:

  • The name of the Registered Name being registered (3.2.1.1);
  • The IP addresses of the primary nameserver and secondary nameserver(s) for the Registered Name (3.2.1.2);
  • The corresponding names of those nameservers (3.2.1.3);
  • Unless automatically generated by the registry system, the identity of the Registrar (3.2.1.4);
  • Unless automatically generated by the registry system, the expiration date of the registration (3.2.1.5); and
  • Any other data the Registry Operator requires be submitted to it (3.2.1.6).

Registered Name Holders are normally required to provide the Registrar with information relating to nameservers (3.2.1.2 – 3), and there may be additional data required under Section 3.2.1.6 that the Registered Name Holder must provide. If the Registered Name Holder provides an update on these data points, the Registrar has five (5) days to provide the update to the Registry Operator.

Whois Data

Registrars are required to have an interactive web page and port 43 Whois service that is available to the public to query free of charge. The RAA specifies certain data points that must be provided in response to a query:

  • The Registered Name (3.3.1.1);
  • The names of the primary nameserver and secondary nameserver(s) for the Registered Name (3.3.1.2);
  • The identity of Registrar (which may be provided through Registrar's website) (3.3.1.3);
  • The original creation date of the registration (3.3.1.4);
  • The expiration date of the registration (3.3.1.5);
  • The name and postal address of the Registered Name Holder (3.3.1.6)
  • The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name (3.3.1.7); and
  • The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name (3.3.1.8).

These data points are commonly referred to as Whois data. As discussed below, Registered Name Holders are required to provide a Registrar with timely updates to Whois data for a Registered Name. Upon receiving the update, a Registrar is to "promptly" update the Whois data. Registrars may contract out the maintenance of the public query function.

The RAA allows Registrars to provide bulk access to Whois data to third parties. When providing bulk access or access to the Whois data through the public query function, the Registrar is required to restrict access for high volume queries or other restrictions on uses of Whois data as specified in the RAA, including marketing activities and mass solicitations. If a Registrar contracts the public function query to an outside party, the Registrar must require any contractor providing the port 43 service to impose the same restrictions on access to and use of the Whois data.

Communications with Registered Name Holders

Registrars are required to maintain records of all communications with Registered Name Holders, as well as records of information provided to Registry Operators.

Escrow of Registered Name Holder Data

A Registrar is required to maintain a database of all Whois data for all Registered Names registered through the Registrar’s accreditation, as well as all data the Registrar submits to the Registry Operator. In addition, the Registrar must include in the database the name and (where available) postal address, e-mail address, voice telephone number, and fax number of the billing contact for each Registered Name.

In some instances, a registrant may choose to limit the amount of personal information that a Registrar makes available in a Whois query. To do so, the name may be registered through a privacy service (allowing a registrant to conceal personal identifying information and often replacing it with the information of the privacy service). Customers may also choose to register names through a proxy service, where the proxy service is the Registered Name Holder, and the proxy service licenses the use of the domain name to the customer. In that situation, the proxy service, as the Registered Name Holder, has its information listed for most or all required data points.

When a Registered Name is registered through a privacy or proxy registration service, that affects the information that is placed in the database, and a Registrar must do one of two things: The Registrar must either (1) include in the database the name and postal address, e-mail address, and voice telephone number provided by the customer in connection with each registration, even when a privacy or proxy registration is used; or (2) at the time that a customer elects to use a privacy or proxy registration service, display a notice that the customer’s data is not being escrowed. When a customer’s data is not being escrowed, only the contact information associated with the privacy or proxy registration service will be escrowed. If a customer’s data is not escrowed, and only the information of the proxy or privacy service is maintained in the database, in the event of Registrar or Registry failure future notices may only be sent to the contact information within the database.

Registrar Business Dealings with Registrants

The RAA imposes many requirements on a Registrar’s business dealings, including its dealings with Registered Name Holders.

A registrar may not activate a Registered Name until it receives reasonable assurance from the Registered Name Holder that the registration fee will be paid.

The RAA sets forth actions the Registrar may take at the conclusion of the registration period if a Registered Name Holder has not provided consent to renew the registration, including the Registrar cancelling the registration at the end of the current registration term. If the Registered Name Holder did not consent to renewal, the Registrar must make sure that a Registered Name is deleted from the Registry database within 45 days of the end of the registration term.

This right for the Registrar to cancel the registration and the obligation to the delete the domain name is not absolute. Section 3.7.5.1 of the RAA sets forth a list of potential "extenuating circumstances," that, if exist, allows the Registrar to renew the domain name even without the consent of the Registered Name Holder. These circumstances include the Registered Name being subject to a UDRP action, court order, bankruptcy proceeding, or billing dispute, among other items. The Registrar must keep a record of reasons why the Registrar renewed a registration without the consent of a Registered Name Holder.

Registrars have to provide each new registrant with notice of the Registrar’s deletion and auto-renewal policies. If the Registrar’s deletion policy changes during the time of the registration agreement, the Registrar has to make efforts to inform the registrants of those policy changes. Details of the deletion and auto-renewal policies have to be displayed on any website the Registrar operates for domain name registration and renewal, and the Registrar should also state on those sites any fee that will be charged for the recovery of a domain name during the Redemption Grace Period (the 30 day period of time during which the name is in "Pending Delete" status with the Registry).1

If a Registered Name is the subject of a UDRP dispute at the time of deletion or expiration of the registration, the UDRP complainant has the right to renew (or restore, in the case of a deletion) the domain name. If the complainant renews or restores the name, the Registrar must place the name in a HOLD or LOCK status,2and must modify the Whois information to show that the name is subject to dispute. Section 3.7.5.7 of RAAalso provides for a right for the original domain name registrant to recover or renew the name in the event the UDRP complaint is terminated without decision, or the UDRP complaint is decided in favor of the original domain name registrant.

The Registrar/Registered Name Holder Agreement

Registrars are required to enter into electronic or paper registration agreements with all Registered Name Holders. According to the RAA, the Registrar/Registered Name Holder Agreement must include – at minimum – the following items (as stated at Sections 3.7.7.1 – 12 of the RAA):

  • The Registered Name Holder must provide "accurate and reliable contact details" and must "promptly correct and update them" during the registration term. The details required are stated in Section 3.7.7.1.: "the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8."
  • If a Registered Name Holder intentionally provides inaccurate or unreliable information, intentionally fails to promptly update the information, or fails to respond over fifteen (15) days to Registrar inquiries about the accuracy of the contact details, the Registered Name Holder will be in material breach of the agreement and the registration may be cancelled.
  • Whoever is listed as the Registered Name Holder must provide full contact information, and is the Registered Name Holder of record. Sometimes a Registered Name Holder may register a domain name and then allow another person to use the domain name (such as a website designer registering a domain name for a client). If this happens, and the person actually using the name did not enter into the Registrar/Registered Name Holder Agreement (referred to as a "third party" in the RAA), the Registered Name Holder could be accountable for wrongful use of the domain name by the third party. This will happen if the Registered Name Holder is provided with "reasonable evidence of actionable harm" from the third party’s use of the domain name. In that situation the Registered Name Holder will "accept liability for harm caused by wrongful use of the Registered Name," unless the Registered Name Holder discloses the user’s identity and current contact information.
  • The Registrar must provide notice of how it intends to use data provided by the Registered Name Holder and who will received the Registered Name Holder’s data. The Registrar must also provide notice of how Registered Name Holders may access and update data. Additionally, the Registrar must identify which data points the Registered Name Holder must provide to the Registrar, and what information can be provided on a voluntary basis. The Registered Name Holder must consent to all of these data processing terms.
  • If a Registered Name Holder provides the Registrar with Personal Data on behalf of any person who did not enter into the Registrar/Registered Name Holder Agreement (the "third party" discussed above), the Registered Name Holder must confirm that it (1) provided those third-party individuals with the same data processing notices that the Registrar provides, and (2) received the same consents from the third party regarding the Registrar’s data processing terms.
  • A Registrar may only process the Registered Name Holder’s data as stated in the data processing notices described above.
  • A Registrar has to agree that it will take reasonable precautions to protect the Registered Name Holder’s data from "loss, misuse, unauthorized access or disclosure, alteration, or destruction."
  • Registered Name Holders must represent that: "to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party." This means that the Registered Name Holder must represent to the Registrar that the domain name is not being registered for use in a way that would violate the legal rights of others. An example of this "infringement" could be a registration of a domain name that violates a trademark or copyright held by someone that is not the Registered Name Holder.3
  • If there is a dispute in connection with the use of the registered name, the Registered Name Holder must agree to jurisdiction of the courts in at least one of two places: where the Registrar is located (often stated on the website or in the Registrar/Registered Name Holder Agreement) or the "Registered Name Holder's domicile." "Domicile" is a word with legally-specific meaning, but typically will be the location the Registered Name Holder provides to the Registrar in the required Personal Data. Agreeing to jurisdiction means that the Registered Name Holder agrees that the courts in those locations have the power to decide these types of cases.4
  • The Registered Name Holder must agree that its registration is subject to "suspension, cancellation, or transfer" for the reasons stated in Section 3.7.7.11. Those reasons include: if an ICANN adopted specification or policy requires it or if a registrar or registry procedure requires it "to correct mistakes by Registrar or the Registry Operator in registering the name or for the resolution of disputes concerning the Registered Name." For example, the UDRP is an ICANN adopted policy that specifies that an administrative panel hearing a domain name dispute could order that a domain name registration be suspended, transferred or cancelled, and the Registered Name Holder has to agree that this is a possibility.
  • The Registered Name Holder shall "indemnify and hold harmless the Registry Operator 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 the Registered Name Holder's domain name registration." At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder’s domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This "indemnification" is not solely limited to court cases.

Verification of contact information

As described in more detail below, there are specifications and policies that may be created and that apply to the Registrars. Some of the specifications or policies may address a Registrar's obligation to verify the contact information supplied by the Registered Name Holder when the domain is first registered, as well as setting out requirements for periodic re-verification of contact information.

Registrars are also required to take "reasonable steps" to verify contact information in the event any person notifies the Registrar that contact information for a Registered Name is inaccurate. The Registrar also has obligations to act to correct inaccuracies in contact information that the Registrar becomes aware of, even if the inaccuracy was not reported by anyone.

The Registrar must also maintain proper contact information for itself, including a valid email and mailing address. This contact information should be posted on the Registrar’s website.

Reseller arrangements

The RAA imposes obligations on Registrars working with third-party Resellers – persons or entities that the Registrar contracts with to provide Registrar Services. The RAA now requires Registrars to include specific items in the Registrar/Reseller Agreements, including: prohibiting the Reseller from making representations that it is accredited by ICANN; requiring that all Reseller registration agreements include all provisions that the Registrar is required to include in its Registrar/Registered Name Holder Agreement; requiring the posting of all links to all ICANN websites that the Registrar is obligated to post; and identification of the sponsoring registrar. The Reseller is also required to make sure that that if a customer is using a Reseller’s privacy or proxy registration service for a domain name registration, the Reseller does one of the following three things: (1) deposit the identity and contact information of the customer with the Registrar; (2) deposit the identity and contact information in escrow; or (3) posts a notice to the customer that their contact information is not being escrowed.

The RAA also requires the Registrar to take compliance and enforcement action against a Reseller violating any of the required provisions.

Other Policies/Specifications

The Restored Names Accuracy Policy (http://www.icann.org/en/registrars/rnap.htm) requires that when a registrar restores a name (from the redemption grace period) that had been deleted on the basis of submission of false contact data or non-response to registrar inquiries, the name must be placed on Registrar Hold status until the registrant has provided updated and accurate Whois information.

In addition to the RAA requirement that a Registered Name Holder represent that to the best of its knowledge, the registration or use of the domain name does not infringe on the legal rights of others, the Uniform Domain Name Dispute Resolution Policy ("UDRP") requires that same representation to be made, as well as a representation that the domain name is not being registered for an unlawful purpose, and will not be used in violation of any applicable laws.

The UDRP also requires Registered Name Holders to submit to mandatory administrative proceedings to resolve disputes under the UDRP. These mandatory administrative proceedings, as described in the UDRP, are disputes that are filed before one of the ICANN approved UDRP dispute resolution providers (listed at http://www.icann.org/en/dndr/udrp/approved-providers.htm) and following the uniform Rules for UDRPadministrative proceedings (set out at http://www.icann.org/en/dndr/udrp/uniform-rules.htm). The requirement for submission to mandatory administrative proceedings does not mean that Registered Name Holders cannot also have judicial proceedings filed against them for the same or similar conduct. Similar to the jurisdictional requirements set out in the RAA, the requirement to submit to a mandatory administrative proceeding means that the Registered Name Holder cannot dispute the UDRP provider’s ability to hear a dispute that is otherwise properly brought under the UDRP.

The Policy on Transfers of Registrations between Registrars provides that Registered Name Holders have the right to transfer domain name registrations among registrars. The transfer policy imposes time limits on when the Registrar must respond to a transfer request. The right to transfer is not absolute – there are ICANN and Registry policies that may set limits on the transfer right, including: limitations on when a domain name may be transferred (measured from dates of creation or earlier transfer); and the Registered Name Holder providing of required authorization and documentation for Registrar review. The Registrar of Record may only deny a transfer in the following instances:

  • Evidence of fraud
  • UDRP action
  • Court order by a court of competent jurisdiction
  • Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
  • No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
  • Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
  • A domain name was already in "lock status" provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
  • The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.
  • A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).

1 A graphic representation of the life cycle of a typical gTLD Registered Name is located at http://www.icann.org/en/registrars/gtld-lifecycle.htm. This diagram may be useful to refer to for more information on the post-expiration status of domain names.

2 There are formal technical names for domain name statuses, arising out of the community-based Internet draft Request for Comments. The statuses required here are set by the Registrar. When a registration is in one of these statuses, the domain cannot be deleted and the registration cannot be modified. The Registrar must alter the status in order for any modification to occur.

3 There are many other potential ways to "infringe the legal rights" of others, and potential Registered Name Holders are encouraged to seek independent advice if they are concerned that the registration or use of a domain name may violate someone else’s rights.

4 There could be other jurisdictions that are able to decide a dispute about the use of a registered name, but those additional jurisdictions are not specified in the RAA.

Ref. : https://www.icann.org/resources/pages/responsibilities-2014-03-14-en 

Customer Hosting Product Agreement Extention

CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION

 

7Digital.Solutions® (7DS) (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

 

HAVE

 

entered into a Customer Master Agreement effective from date of start of provision of services / customer sign up, of which this "Customer Hosting Product Agreement Extension" is a part.

 

WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;

 

WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services ("Hosting Order") through the Parent;

 

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

 

1. Rights of Parent

While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognizes that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the 7DS, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

 

2. Terms of Usage

Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and 7DS Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -

 

A. General Terms

 

(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.

 

(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 3 hour period;

 

(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons;

 

(4) Run any type of web spiders or indexers;

 

(5) Run any software that interfaces with an IRC (Internet Relay Chat) network;

 

(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent;

 

(7) Participate in any P2P or file-sharing networks;

 

(8) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of 7DS, other users, other orders, and any of Parent's services;

 

(9) Use the email service for sending or receiving unsolicited emails;

 

(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name;

 

(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name;

 

(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name;

 

(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited;

 

(14) Run cron entries with intervals of less than 20 minutes;

 

(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin;

 

B. Web, Email Hosting Specific terms

 

(1) As a backup/storage device;

 

(2) Run any gaming servers;

 

(3) Store over 20,000 files;

 

(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage;

 

(5) Run any MySQL queries longer than 10 seconds;

 

(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership;

 

(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion;

 

(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time;

 

(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate;

 

(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com or other similar services available on 7DS Platform;

 

(11) Use more than 50% of the website's disk space used by your Hosting order for storing emails;

 

(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued;

 

(13) Store more than two website backup files.

 

(14) Use more than 3GB per database.

 

C. Additional Terms

 

a. WordPress Hosting:

Wordpress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed Wordpress Hosting accounts:

 

(1) Wordpress Hosting is intended only for use with the WordPress software platform. The use of Wordpress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.

 

(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the Wordpress Hosting environment. 7DS will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.

 

(3) Domain names hosted on Wordpress Hosting servers must use 7DS name servers for DNS resolution.

 

(4) We reserve the right to deny customer requests for changes to the standard Wordpress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.

 

(5) By installing WordPress, Subscriber acknowledges and agrees to (1) the Automattic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber's use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic's collection of Subscriber's data in accordance with the terms of its Privacy Policy.

                   

Any other T&C that is made / amended / added by the Parent from time to time related to the use of 7DS Platform / Environment. 

Customer Master Services Agreement

CUSTOMER MASTER SERVICE AGREEMENT

 

This Customer Master Agreement is made, entered into and executed on “Date of registration on the 7DS Portal (hereinafter referred to as the "Effective Date")

 

BETWEEN:-

 

7DigitalSolutions.com a.k.a. 7Digital.Solutions a.k.a. 7DS, a VetBRAINS.com Enterprise, part of the Blade-BRAINS Group® Global (hereinafter referred to as "Parent") AND You “As per information registered in account on the 7DS portal” (hereinafter referred to as "Customer"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Customer" shall refer to such entity.

 

(The Parent and the Customer may be referred to individually as a "Party" "Customer" and collectively as the "Parties").

 

WHEREAS the Parent provides various Products and Services;

 

AND WHEREAS the Customer wishes to purchase Parent's Products and Services

 

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

 

1. DEFINITIONS

 

(1) "Advance Account" refers to the credit balance maintained by the Customer with the Parent.

 

(2) "Agreement" refers to this Customer Master Agreement along with all its appendices, extensions and amendments at any given point in time.

 

(3) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.

 

(4) "Clear Balance" refers to credit in the Customer Advance Account after deducting any accrued liabilities, Locked Funds and debited amounts.

 

(5) "Confidential Information", as used in this Agreement shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Parent to the Customer under this Agreement, whether written, transmitted, oral, through the Parent Website or otherwise, that is marked as Confidential.

 

(6) "Customer Contact Details" refers to the Contact Details of the Customer as listed in the 7DS Database.

 

(7) "Customer Control Panel" refers to the set of Web-based interfaces provided by the Parent and its Service Providers to the Customer which allows him to Manage Orders.

 

(8) "Customer Product Agreement Extension" refers to the latest version of a Specific Customer Product Agreement Extension as posted in the Customer Control Panel or on the Parent Website.

 

(9) "7DS" refers to the set of Servers, Software, Interfaces, Parent Products and API that is provided for use directly or indirectly under this Agreement by the Parent and/or its Service Providers.

 

(10) "7DS Database" is the collection of data elements stored on the 7DS Servers.

 

(11) "7DS Servers" refer to Machines / Servers that Parent or its Service Providers maintain to fulfill services and operations of the 7DS.

 

(12) "7DS User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "7DS" by the Customer, directly or indirectly.

 

(13) "Order" refers to a Parent Product purchased by the Customer having a unique Order ID in the 7DS Database.

 

(14) "Parent Products" refer to all Products and Services of Parent which it has provided/rendered/sold, or is providing/rendering/selling.

 

(15) "Parent Servers" refer to web servers, Mailing List Servers, Database Servers, 7DS Servers and any other Machines / Servers that Parent or its Service Providers Operate, for the 7DS, the Parent Website, the Parent Mailing Lists, Parent Products and any other operations required to fulfill services and operations of Parent.

 

(16) "Parent Website" refers to 7Digital.Solutions

 

(17) “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that Parent or its Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Parent Products, 7DS, and any other services and operations of Parent.

 

(18) “Prohibited Persons refers to individuals, organizations or entities located in certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations, entities, or domain names, including without limitation, “Specially Designated Nationals” (“SDN”), as listed by the government of the United States of America through the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), with whom all or certain commercial activities are prohibited.

 

(19)  Including above, but not limited to Any other / related portion / part of the 7DS Ecosystem;

 

2. CUSTOMER PRODUCT AGREEMENT EXTENSIONS

 

(1) The Customer may purchase various Parent Products in the course of their relationship with Parent under this Agreement, by submitting to Parent, in a form and manner prescribed by Parent, one or more Customer Product Agreement Extensions, which shall then be included as a part of this Agreement;

 

(2) Any conflicting definitions, terms and conditions in a Customer Product Agreement Extension shall take precedence over the same definition, terms and conditions in this Agreement, and shall be applied only to that Customer Product Agreement Extension;

 

(3) SiteLock : The Customer agrees to adhere to the SiteLock Terms and Conditions, available at https://www.sitelock.com/terms.php, that are incorporated herein and made a part of this Agreement by reference;

 

(4) Code Guard : The Customer agrees to adhere to the CodeGuard Terms and Conditions, available at https://codeguard.com/pages/terms-of-service, that are incorporated herein and made a part of this Agreement by reference;

 

(5) Google : The Customer agrees to adhere to the Google Terms and Conditions, available at http://www.google.co.in/intl/en/policies/terms/regional.html, that are incorporated herein and made a part of this Agreement by reference;

 

(6) Google : The Customer agrees to adhere to the Google Privacy Policy, available at http://www.google.com/intl/en/policies/privacy/, that are incorporated herein and made a part of this Agreement by reference;

 

(7) Google Apps : The Customer agrees to adhere to the Google Apps for Business (Online) Agreement, available at https://www.google.com/intx/en_in/work/apps/terms/2013/1/premier_terms.html, that are incorporated herein and made a part of this Agreement by reference;

 

(8) Impress.ly : If the Customer selects and purchases any Parent Products which include a product named as “Impress.ly” the Customer hereby understands, acknowledges and accepts that the Customer shall be bound by the terms and conditions provided by AppMachine B.V. at: 1. http://www.impress.ly/docs/EULA.pdf and 2. http://www.impress.ly/docs/Impressly-privacy-and-cookie-statement.pdf (collectively refered to as “Impress.ly Term and Condition”). Save as otherwise provided in the Impress.ly Terms and Conditions with respect to the use and operation of Impress.ly, any transaction or matter between the Customer and Parent pertaining to purchase of the Parent Products i.e. Impress.ly shall be governed in accordance with this Agreement;

 

(9) Comodo SSL : If the Customer selects and purchases any Parent Products which include secure sockets layer certificate either provided by the Parent through its Service Providers under a single brand i.e. Comodo SSL or in combination with the other brands of the Parent or the Service Providers, the Terms of Service and other polices (if any) available at https://ssl.comodo.com/terms.php (collectively referred to as "Comodo SSL Terms of Service"), with respect to the products of said brand shall be applicable and the Customer shall comply with such terms and conditions and privacy policy.

The Parent does not endorse or assure the quality, availability, or timeliness or any other assurance in relation to product or services provisioned by non 7Digital.Solutions website(s);

 

(10) If the Customer selects and purchases any Parent Products which includes hosting services either provided by the Parent through its Service Providers under a promoted brand or in combination with the other brands of the Service Providers, the acceptable usage policy, the privacy policy Copyright Infringement and Terms of Service Policy available at 7DS Website(s) respectively, with respect to the products of said brand shall be applicable and the Customer shall comply with such terms and conditions and privacy policy.

For avoidance of doubt it hereby clarified that all other terms, conditions and policies of the Parent shall be applicable with respect to the foregoing products unless otherwise expressly mentioned in the foregoing sentence;

 

(11) Including above, but not limited to Any other / related portion / service / product / part of the 7DS Ecosystem & et all.

 

3. OBLIGATIONS OF PARENT

 

Parent shall make available the latest versions of this Agreement and Customer Product Agreement Extensions in the Customer Control Panel or on the Parent Website in its endeavor to provide continuous customer service and in the interest of continuity of business.

 

4. OBLIGATIONS OF THE CUSTOMER

 

(1) The Customer acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order or the Customer in the 7DS Database, the data element in the 7DS Database records shall prevail;

 

(2) The Customer acknowledges that all information of the Customer in the 7DS, including authentication information is accessible to Parent and its Service Providers

 

(3) The Customer shall comply with all terms or conditions established by Parent and/or its Service Providers from time to time;

 

(4) The Customer agree to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer in the 7DS Database;

 

(5) Customer acknowledges that Parent Products may be obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Customer acknowledges and agrees that Parent shall not have any liability associated with any such.

 

(6) During the term of this Agreement and for three years thereafter, the Customer shall maintain the following records relating to its dealings with Parent and their Agents or Authorized Representatives:-

 

(a) In electronic, paper or microfilm form, all written communications with respect to Parent Products.

 

(b) In electronic form, records of the accounts of all, current / past Orders with the Customer, including dates and amounts of all payments, discount, credits and refunds.

 

The Customer shall make these records available for inspection by Parent upon reasonable notice not exceeding 14 days.

 

(7) Customer shall not transact with or act on behalf of any Prohibited Person. If Customer is a Prohibited Person, Customer is prohibited from registering or signing up with, subscribing to, or using any Parent Product, or participating in the Customer program. Any violation of this provision ("OFAC Provision") as determined in Parent's sole discretion, may result in the suspension and/or termination of the Customer account and the termination of this Agreement without a refund or compensation of any kind to Customer.

 

(8) Customer agrees to keep the billing account updated / funded at all times.

 

5. REPRESENTATIONS AND WARRANTIES

 

Parent and Customer represent and warrant that:-

 

(1) they have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;

 

(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against the Customer and Parent in accordance with its terms;

 

(3) The execution, delivery, and performance of this agreement and the consummation by Parent and the Customer of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:-

 

(a) any provision of law, rule, or regulation;

 

(b) any order, judgment, or decree;

 

(c) any provision of corporate by-laws or other documents; or

 

(d) any agreement or other instrument.

 

(4) the execution, performance and delivery of this Agreement has been duly authorized by the Customer and Parent;

 

(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;

 

The Customer represents and warrants that:

 

(1) the Customer has read and understood every clause of this agreement;

 

(2) the Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement

 

(3) the Customer is not a Prohibited Person and is not acting on behalf of a Prohibited Person;

 

(4) the Customer is eligible, to enter into this Contract according to the laws of the Customer's country.

 

6. RIGHTS OF PARENT AND SERVICE PROVIDERS

 

(1) Parent and Service Providers may change any information, including Authentication Information of the Customer in the 7DS Database upon receiving authorization from the Customer in any form as maybe prescribed by Parent from time to time;

 

(2) Parent and Service Providers may provide/send any information in the 7DS Database, about the Customer, including Authentication information :

 

(a) to the Customer Contact Details;

 

(b) to any authorised representative, agent, contractee, employee of the Customer upon receiving authorization in any form as maybe prescribed by Parent from time to time

 

(c) to the Service Providers

 

(3) Parent and Service Providers, represented by the parent, in its own discretion can at any point of time, temporarily or permanently cease to sell a Parent Product;

 

(4) Parent reserves the right to change pricing, minimum order levels, and discounts, of any Parent Product , at any time.

 

(5) Parent and Service Providers, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Parent may refund the fees charged for the Order, after deducting any processing charges for the order. This clause should also be read qua the Refunds policy of the Parent;

 

(6) Parent and Service Providers, in their sole discretion, without notice, expressly reserve the right to modify, upgrade, freeze the 7DS, and its associated Services.

 

(7) Notwithstanding anything to the contrary, Parent & Service Providers represented by the Parent, in their sole discretion, expressly reserve the right to without notice or refund, access, delete, suspend, deny, cancel, modify, intercept and analyze traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of or transfer any Order, or to delete, suspend, freeze, modify 7DS Users' access to 7DS, or to modify, upgrade, suspend, freeze 7DS, or to publish, transmit, share data in the 7DS Database with any person or entity, or to contact any entity in the 7DS Database, in order to recover any Payment from the Customer for any service rendered by the Parent including services rendered outside the scope of this agreement for which the Customer has been notified and requested to remit payment, or to correct mistakes made by Parent or its Service Providers in processing or executing an Order, or in the case of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or in case of Termination of this Agreement, or if Parent learns of any such event which Parent reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Parent Products and the 7DS, or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in compliance with any agreements executed by Parent, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Customer and/or its Agents or any other authorised representatives of the Customer violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, or Parent learns of the possibility of any such violation, or authorisation from the Customer in any manner that Parent deems satisfactory, or for any appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

 

(8) Incase of Orders involving web services, Parent and Service Providers can choose to redirect any Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid information to direct it to any destination. Customer acknowledges that Parent and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Customer, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Customer or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

 

(9) Parent has the right to rectify any mistakes in the data in the 7DS Database with retrospective effect.

 

(10) Parent and Service Providers reserve the right to prohibit the use of any of their services in connection with any Country-Code Top Level Domain Name ("ccTLD") of any Sanctioned Country.

 

(11) Parent and Service Providers expressly reserve the right to suspend or terminate Customer's account, without prior notice and without issuing a refund or compensation of any kind, if Parent or Service Provider determines in its sole discretion, that Customer has violated the OFAC Provisions in accordance to Section 4. Parent and Service Provider shall not be liable for any loss or damages resulting from such action whether such loss or damage is incurred by the Customer, or a third party. Parent will not directly or indirectly refund any amounts to any Prohibited Person, including without limitation, any amounts in a Customer's Advance Account.

 

(12) The Parent reserves the right to cancel, suspend, terminate etc. any account on its platform/ ecosystem without / with notice, at its sole discretion, including for reasons of violation of terms of this agreement, non payment of invoices, non maintenance of credit account, balance etc. 

 

7. TERMS OF AGREEMENT AND RENEWAL

 

(1). Subject to the term of this Agreement, the initial term of the Order purchased by the Customer shall be for the period set forth in the registration form presented to the Customer at the first time purchasing the Order (the "Initial Term"). Unless the Customer cancel prior to the end of the Initial Term, the Term shall automatically renew for successive periods (each a "Renewal Period") of equal length as the Initial Term, unless otherwise the Customer elects not to renew at the end of the Initial Term or Renewal Period by giving a written notice of 30 days prior to expiry of Initial Term or the Renewal Period, as the case may be. For the purpose of this section Term shall include Initial Term or Renewal Period as the context may arise.

 

The Customer acknowledges, agrees, and authorizes the Parent to automatically bill the applicable fee and/or charge your Advance Account and/or Card Information (as defined herein below) or other payment account on file, if any, for each Renewal Period, unless the Customer terminates or cancels the Order prior to such charge as provided in this section. 

 

(2) This Agreement shall be terminated in accordance with the Section 8 (TERMINATION OF AGREEMENT).

 

 

8. TERMINATION OF AGREEMENT

 

(1) Either Party may terminate this Agreement and/or any Customer Product Agreement Extension at any time by

 

(a) giving a 60 (Sixty) day’s notice of termination delivered as per Section 26 (NOTICE).

 

(b) With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party's property or assets or the liquidation, dissolution or winding up of a Party's Business.

 

(2) Parent may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances :

 

(a) In the event that the Customer or an Agent / Employee / Authorized Representative of the Customer materially breaches any term of this Agreement and/or any Customer Product Agreement Extension, including any of its representations, warranties, covenants and agreements hereunder

 

(b) There was a material misrepresentation and/or material inaccuracy, and/or materially misleading statement in Customer's Application to Parent and/or any material accompanying the application.

 

(c) With immediate effect if :-

 

(a) the Customer is convicted of a felony or other serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent reasonably deems as the substantive equivalent of any of these; or

 

(b) the Customer is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others & other related crimes;

 

(c) as provided for in Appendix 'A' and Appendix 'C'

 

(d) if Any officer or director of the Customer is convicted of a felony or of a misdemeanor related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent deems as the substantive equivalent of any of these;

 

(3) Customer may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying Parent in writing, as of the date of receipt of such notice, in the event that the Customer does not agree with any revision to the Agreement or any Customer Product Agreement Extension made as per Section 14 (RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Customer Product Agreement EXTENSIONS) within 07 days of such revision.

 

(4) Any Product Agreement Extension shall terminate with immediate effect in the event that :

 

(a) Parent ceases to sell the particular Parent Product covered under that Product Agreement Extension

 

(b) Parents contract with Service Provider for the particular Parent Product terminates or expires without renewal

 

(5) Effect of Termination of this Agreement :

 

(a) Parent shall suspend all 7DS Users' (customer) access to the 7DS, Parent Servers and all Parent Products and Services, under this agreement and all Customer Product Agreement Extensions, immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of the Agreement;

 

(b) Upon expiration or termination of this Agreement, all Customer Product Agreement Extensions signed (or Agreed to / Accepted Digitally) by the Customer shall deemed to have been Terminated with immediate effect;

 

(c) Upon expiration or termination of this Agreement, Parent may complete the processing of all Orders requested to be processed, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination, provided that the Customer's Advance Account with Parent has Clear financial Balance, sufficient to carry out these Orders. If Parent is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed. The Fullfillment of the orders is at the the sole discretion of the parent;

 

(6) Effect of Termination of any Customer Product Agreement Extension :

 

(a1) Parent may suspend 7DS Users' (Customer) access to applicable Parent Products and Services, and the 7DS immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of any Customer Product Agreement Extension;

 

(b) Upon expiration or termination of any Customer Product Agreement Extension, Parent may complete the processing of all Orders, of that Parent Product, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination, provided that Parent is in a position to fulfill these Orders, and the Customer's Advance Account with Parent has Clear financial balance sufficient to carry out these Orders. If Parent is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed. The Fulfillment of the orders, is at the sole discretion of the parent;

 

(c) Parent may transfer all Orders falling under the purview of the specific Customer Product Agreement Extension to another Customer or Parent.

 

(7) Any pending balance due from the Customer at the time of termination of this Agreement or any Customer Product Agreement Extension will be immediately payable.

 

(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement or any Customer Product Agreement Extension in accordance with its terms, unless specified otherwise. The Customer however shall be liable for any damage arising from any breach by it of this Agreement or any Customer Product Agreement Extension.

 

9. FEES/ADVANCES/RENEWALS

 

(1) The Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out in Appendix 'C'; In addition to the foregoing, the Customer agrees by purchasing the Order(s) the Parent shall be allowed to place the Customer's account on a recurring payment plan. Unless the Customer disable the automatic renewal option by selecting appropriate option in the Customer Control Panel, the Parent shall have the right to automatically renew the Order(s) when it comes up for renewal and will take payment from the payment method the Parent have on file. For avoidance of doubt it is agreed between the Parties that auto-renewal shall be available for all Order(s). Needless to say, that the administrative discretion of auto renewal & right to first refusal rests with the parent;

 

(2) The Customer acknowledges, agrees and authorizes the Parent or its Service Providers to seek, demand, capture, process, transfer and store your debit/credit card information (the "Card Information") when the Customer is making any purchase or renewing the Order(s) and have selected the auto-renewal and recurring payment plans.

 

(3) The Customer agrees and acknowledges that auto-renewal subjected to recurring payment plans may fail in the following scenarios:-

 

(a). If the Customer disables auto-renewal for any Order, at any time;

 

(b). If the Customer deletes any Card Information on record from the Customer Control Panel, the Card Information expires, or insufficient of funds or exceeds its permissible limit;

 

(c). If the parent is unable to successfully carry out auto-renewal of the Order(s) in cases including, but not limited to, the Order being locked/suspended, an action waiting to be processed etc. in accordance with this Agreement;

 

In such event, the Customer agrees and acknowledges that the Customer shall be responsible to manually track of and renew the Order(s).

 

(4) Parent will charge a non-refundable fee for an Order unless stated otherwise in any Product Agreement / Agreement Extension. The applicable fees will be displayed in the Customer Control Panel or on the Parent Website and during the Ordering Process. Parent has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website or on notification to the Customer via email to the Customer.

 

(5) Customer acknowledges that it is the Customer's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Orders, via an email message <#=email_alert#> sent to the contact information associated with the Customer in the 7DS database. Should renewal fees go unpaid for an Order, the Order will expire;

 

(6) Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to Parent. Parent and Service Providers may make any modifications to said Order or any information associated with said Order. Parent and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Parent and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Parent and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Parent and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Parent and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Customer acknowledges that Parent and Service Providers shall not liable to Customer or any third party for any action performed under this clause;

 

(7) Parent at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry;

 

(8) Parent makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.

 

10. LIMITATION OF LIABILITY

 

IN NO EVENT WILL PARENT OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF REGISTRATION AND USE OF DOMAIN NAME, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PARENT AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

PARENT FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

 

(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;

 

(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;

 

(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

 

(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;

 

(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR PARENT PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

 

(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

 

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Parent by the Customer, then in no event will the liability of Parent exceed actual amount paid to Parent by the Customer for the Order in question minus direct expenses incurred with respect to that Order.

 

BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF THE PARENT RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO PARENT BY THE CUSTOMER DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

 

11. INDEMNIFICATION

 

(1) The Customer, at their own expense, will indemnify, defend and hold harmless, Parent, Service Providers, and the contactors, employees, directors, officers, representatives, agents and affiliates, of Parent, and Service Providers, against any claim, suit, action, or other proceeding brought against Parent or Service Providers based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Parent Products provided hereunder or use of the Parent Products, including without limitation:-

 

(a) infringement by either the Customer, or someone else using a Parent Product with the Customer's computer, of any intellectual property or other proprietary right of any person or entity;

 

(b) arising out of any breach by the Customer of this Agreement;

 

(c) relating to or arising out of any Order or use of any Order;

 

(d) relating to any action of Parent as permitted by this Agreement;

 

(e) relating to any action of Parent carried out on behalf of Customer as described in this Agreement;

 

(2) Parent will not enter into any settlement or compromise of any such indemnifiable claim  without Customer's prior written consent, which shall not be unreasonably withheld;

 

(3) The Customer will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Parent in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

 

12. INTELLECTUAL PROPERTY

 

(1)   Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the party already holding such intellectual property.

 

(2)   Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Parent to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.

 

(3)   Customer shall further ensure that the Customer does not infringe any intellectual property rights or other rights of any person or entity or does not publish any content that is libelous or illegal while using services under this Agreement. Customer acknowledges that Parent cannot and does not check to see whether any services or the use of the services by the Customer under this Agreement, infringes legal rights of others.

 

13. OWNERSHIP AND USE OF DATA

 

(1) Customer agrees and acknowledges that Parent owns all data, compilation, collective and similar rights, title and interests worldwide in the 7DS Database, and all information and derivative works generated from the 7DS Database;

 

(2) Parent and Service Providers and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Parent or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

 

14. DELAYS OR OMISSIONS; WAIVERS

 

(1)   No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy;

 

(2)   No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given;

 

(3)   No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.

 

15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

 

(1) During the period of this Agreement, the Customer agrees that Parent may:-

 

(a) revise the terms and conditions of this Agreement; and

 

(b) change the services provided under this Agreement;

 

(2) Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website;

 

(3) The Customer agrees to review the Customer Control Panel and Parent Website including the agreements, periodically, to be aware of any such revisions;

 

(4) If the Customer does not agree with any revision, the Customer may terminate this Agreement according to Section 8(3) of this Agreement;

 

(5) The Customer agrees that, continuing use of the services under this Agreement following notice of any revision, will constitute as an acceptance of any such revisions or changes;

 

(6) The Customer shall execute, in a form and manner prescribed by Parent, a supplementary agreement incorporating the amendments to or revisions of the Agreement and/or Customer Product Agreement Extension;

 

(7) The length of the term of the substituted agreement will be calculated as if it is commenced on the date the original Agreement began and the original Agreement will be deemed terminated;

 

(8) It will be the Customer's responsibility to communicate any changes in the agreement and any obligations/duties covered by these changes to the Customer's Agents / Employees / Authorised Representatives;

 

16. CONFIDENTIALITY

 

All Confidential Information shall be governed by the Confidentiality Agreement as attached in Appendix 'B'.

 

17. PUBLICITY

 

The Customer shall not create, publish, distribute, or permit any written / Oral / electronic material that refers to us or our Service Providers or uses any of Parent's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.

 

The Customer gives Parent the right to recommend / suggest the Customer's name and details to Customers / Visitors to the Parent Website, and Prospective Customers and use the Customer's name in marketing / promotional material with regards to Parent Products.

 

18. TAXES

 

The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Parent Products.

 

19. FORCE MAJEURE

 

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non-performance as soon as possible.

 

20. ASSIGNMENT / SUBLICENSE

 

Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Customer shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of the Parent.

 

21. CUSTOMER - CUSTOMER TRANSFER

 

(1) Parent may transfer the Order of the Customer to another Person, Organisation or any other Legal entity under the following circumstances:-

 

(a) Authorization from the Customer and/or their Agent or Authorized Representative in a manner prescribed by Parent from time to time;

 

(b) On receiving orders from a competent Court, Law Enforcement Agency, or recognized Regulatory body;

 

(c) Breach of Contract;

 

(d) Termination of this Agreement;

 

(e) Parent learns of any such event, which Parent reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.

 

(2) In the above circumstances the Customer shall extend full cooperation to Parent in transferring the Order of the Customer.

 

22. DISCLAIMER

 

THE 7DS, PARENT SERVERS AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.

 

PARENT AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.

 

PARENT AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, 7DS OR BY ACCESSING PARENT SERVERS. WITHOUT LIMITING THE FOREGOING, PARENT AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH 7DS OR PARENT SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE 7DS/PARENT SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY PARENT AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE 7DS WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER

 

PARENT AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. PARENT AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

 

FURTHERMORE, PARENT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE 7DS, 7DS SERVERS, PARENT WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

23. JURISDICTION & ATTORNEY'S FEES

 

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of India, Delhi and New Delhi / where Parent is incorporated, applicable therein without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country as specified or where Parent is incorporated. Parent reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the Customer is situated as per the laws of that Country/State/District.

 

If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled) until settled therein.

 

24. MISCELLANEOUS

 

(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.

 

(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.

 

(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.

 

(4) This Agreement shall inure to the benefit of and be binding upon Parent and the Customer as well as all respective successors and permitted assigns.

 

(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 4, 6, 8(5), 8(6), 8(7), 8(8), 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24(3), 24(5), 24(7), 24(11), 25(2) and all Sections of Appendix A, and all Sections of Appendix B, and all Sections of Appendix C and any Sections covered separately under a Survival clause in any Customer Product Agreement Extension shall survive..

 

(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Parent.

 

(7) The Customer, Parent, and its Service Providers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.

 

(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.

 

(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.

 

(10) Entire Agreement; Severability: This Agreement, which includes Appendix A, Appendix B, Appendix C and each executed Customer Product Agreement Extension constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.

 

(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.

 

(12) This agreement may be executed in counterparts.

 

(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.

 

(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the Registered office of the Parent

 

25. BREACH

 

In the event that Parent suspects breach of any of the terms and conditions of this Agreement:

 

(1) Parent can immediately, without any notification and without assigning any reasons, suspend / terminate the 7DS Users' (Customer’s) access to all Parent Products and Services and the 7DS;

 

(2) The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

 

26. NOTICE

 

(1) Any notice or other communication required or permitted to be delivered to Parent under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to Parent's contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 hours local time, and otherwise on the next Business Day.

 

(2) Any notice or other communication to be delivered to Parent via email under this agreement shall be deemed to have been properly delivered if sent to its Legal Contact mentioned in the Customer Control Panel or on the Parent Website.

 

(3) Any notice or other communication required or permitted to be delivered to the Customer under this Agreement shall be deemed properly delivered, given and received when delivered to email address or contact address of the Customer in the 7DS Database.

 

(4) Other than those notices mentioned in this agreement, Parent is NOT required to communicate with the Customer in any respect about services provided under this agreement. As a convenience to the Customer, Parent may proactively send notices about aspects with regards to services rendered under this Agreement, however these notices may be discontinued by Parent at any time.

 

 

APPENDIX 'A'

ACCEPTABLE USAGE POLICIES

 

This Appendix A covers the terms of access to the 7DS. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

 

1. ACCESS TO 7DS

 

(1) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend 7DS Users' access to the 7DS panel / website / customer tools in the event of significant degradation of the 7DS, or at any time Parent may deem necessary;

 

(2) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the 7DS from time to time;

 

(3) Access to the 7DS is controlled by authentication information provided by Parent. Parent is not responsible for any action in the 7DS that takes place using this authentication information whether authorized or not;

 

(4) Parent is not responsible for any action in the 7DS panel / environment / ecosystem by a 7DS User;

 

(5) 7DS User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the 7DS including, without Limitation temporary / permanent slowdown of the 7DS, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the 7DS and architecture needed to continue operation thereof, directly or indirectly;

 

(6) 7DS User will not send or cause the sending of repeated unreasonable network requests to the 7DS or establish repeated unreasonable connections to the 7DS. Parent will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections;

 

(7) 7DS User will take reasonable measures and precautions to ensure secrecy of authentication information;

 

(8) 7DS User will take reasonable precautions to protect 7DS Data from misuse, unauthorized access or disclosure, alteration, or destruction;

 

(9) Parent shall not be responsible for damage caused due to the compromise of your (7DS User) Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information;

 

(10) Parent shall not be liable for any damages due to downtime or interruption of 7DS for any duration and any cause whatsoever;

 

(11) Parent shall have the right to temporarily or permanently suspend access of a 7DS User to the 7DS if Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the 7DS, or learns of any possible misuse that has occurred, or will occur with respect to a 7DS User;

 

(12) Parent and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, 7DS.

 

2. Terms of USAGE OF 7DS Ecosystem :

 

(1) Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and 7DS Users, either directly or indirectly, shall not use or permit use of the 7DS Ecosystem or an Order, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or in a manner injurious to Parent, Service Providers or their Resellers, Customers and 7DS Users, or their reputation, including but not limited to the following activities -

 

(a) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);

 

(b) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 1) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);

 

(c) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;

 

(d) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware");

 

(e) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;

 

(f) Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Parent;

 

(g) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;

 

(h) Pointing to or otherwise directing traffic to, directly or indirectly, any material that, in the sole opinion of Parent, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Parent, to be threatening or obscene or inappropriate;

 

(i) Engaging in or solicit illegal activities, or to conduct any other activity that infringes the rights of Parent, Service Providers or any other third party;

 

(j) Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person;

 

(k) Transmitting Unsolicited Commercial e-mail (UCE);

 

(l) Transmitting bulk e-mail;

 

(m) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;

 

(n) Posting bulk Usenet/newsgroup articles;

 

(o) Denial of Service attacks of any kind;

 

(p) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Parent in its sole discretion;

 

(q) Copyright or trademark infringement;

 

(r) Unlawful or illegal activities of any kind;

 

(s) Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);

 

(t) Causing lossage or creating service degradation for other users whether intentional or inadvertent;

 

(u) Distributing chain letters;

 

(v) Sending large or multiple files or messages to a single recipient with malicious intent;

 

(w) Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites;

 

(x) Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), or illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;

 

(y) Referencing an 7DS provided service or an Order within a spam email;

 

(z) Hosting, transmitting, providing, publishing, or storing illegal content, including but not limited to the following material, information, messages, data or images:

 

(1) libelous or defamatory content;

 

(2) content that violates any privacy / rights;

 

(3) content which threatens physical harm or property damage;

 

(4) content which is obscene, pornographic, salacious, explicitly erotic or offensive;

 

(5) content that violates applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets and the infringement of patents and trademarks;

 

(6) content which violates any export, re-export or import laws and regulations of any jurisdiction;

 

(7) hacker programs or archives, "warez", passwords or "cracks";

 

(8) internet relay chat servers ("IRCs") IRC bots;

 

(9) any content which Parent in its sole discretion determines as illegal, unlawful, or otherwise inappropriate;

 

(2) Parent in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above;

 

(3) Data in the 7DS Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Parent:-

 

(a). To perform services contemplated under this agreement; and

 

(b). To communicate with Parent on any matter pertaining to Parent or its services

 

(c) Data in the 7DS Database cannot specifically be used for any purpose listed below :-

 

1. Mass Mailing or SPAM; and

 

2. Selling the data

 

APPENDIX 'B' : CONFIDENTIALITY

 

Customer's use and disclosure of Confidential Information is subject to the following terms and conditions:-

 

(1) With respect to the Confidential Information, the Customer agree that:

 

(a) The Customer shall treat as strictly confidential, and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of, all Confidential Information received from Parent;

 

(b) The Customer shall make no disclosures whatsoever of any Confidential Information to others, provided however, that if the Customer are a corporation, partnership, or similar entity, disclosure is permitted to the their officers and employees who have a demonstrable need to know such Confidential Information, provided that the Customer shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof; and

 

(c) The Customer shall not modify or remove any confidentiality legends and/or copyright notices appearing on any Confidential Information of Parent.

 

(2) The obligations set forth in this Appendix shall be continuing, provided, however, that this Appendix imposes no obligation upon the Customer with respect to information that:

 

(a) is disclosed with Parent's prior written approval; or

 

(b) is or has entered the public domain in its integrated and aggregated form through no fault of the receiving party; or

 

(c) is known by the Customer prior to the time of disclosure in its integrated and aggregated form but not in conflict with the principal of conflict of interest & or disclosures; or

 

(d) is independently developed by the Customer without use of the Confidential Information; or

 

(e) is made generally available by Parent without restriction on disclosure.

 

(3) In the event the Customer is required by law, regulation or court order to disclose any of Parent's Confidential Information, the Customer will promptly notify Parent in writing prior to making any such disclosure in order to facilitate Parent seeking a protective order or other appropriate remedy from the proper authority, at the Customer' expense. The Customer agree to cooperate with Parent in seeking such order or other remedy. The Customer further agree that if Parent is not successful in precluding the requesting legal body from requiring the disclosure of the Confidential Information, it will furnish only that portion of the Confidential Information, which is legally required.

 

(4) In the event of any termination of this Agreement, all Confidential Information, including all copies, partial copies of Confidential Information, copied portions contained in derivative works, in the Customer' possession shall be immediately returned to Parent or destroyed. Within 07 (Seven) days of termination of this Agreement, the Customer will certify in writing, to Parent the Customer' compliance with this provision.

 

(5) The Customer shall provide full voluntary disclosure to Parent of any and all unauthorized disclosures and/or unauthorized uses of any Confidential Information; and the obligations of this Appendix shall survive such termination and remain in full force and effect;

 

(6) The Customer duties under this Appendix shall expire five (5) years after the information is received or earlier, upon written agreement of the parties;

 

(7) The Customer agrees that Parent shall be entitled to seek all available legal and equitable remedies for the breach by either of the Customer of all of these clauses in this Appendix at the cost of the Customer;

 

APPENDIX 'C' : PAYMENT TERMS AND CONDITIONS

 

1. ADVANCE ACCOUNT

 

(1) Prior to purchasing any Parent Products, the Customer shall maintain an Advance Account with Parent;

 

(2) As and when, the Customer purchases Parent Products, the Customer's Advance Account balance shall be reduced as per the then current pricing of that Parent Product as mentioned in the Customer Control Panel or on the Parent Website or during the ordering process;

 

(3) Parent shall maintain a record of Customer's Advance Account balance, which shall be accessible by the Customer. If the Customer's Advance Account balance is insufficient for processing any Order then that Order may not be processed;

 

(4) The Advance Account will maintain the Customer Credit in both the Accounting Currency and Selling Currency of the Parent's choice. Parent has the right to modify the currency at anytime;

 

(5) Any negative balance in the Customer's Advance Account will be immediately payable. If a Customer does not remedy a negative balance in their account within 24 hours, Parent has the right to terminate this agreement with immediate effect and without any notice. Upon such termination or otherwise Parent shall continue to have the right to initiate any legal proceedings against the Customer to recover any negative balance in the Customer's Advance Account;

 

(6) Parent shall have the right to set-off any payment received from the Customer, or Sub-Customer, or Lower Tier Sub-Customer, or Customer against any negative balance in the Customer's Advance Account;

 

(7) Any discrepancy, mistake, error in the credit / debit / amount in the Customer Transactions / Advance Account maybe corrected by Parent at anytime;

 

2. PAYMENT TERMS

 

(1) Parent will accept payments from the Customer only by means specified in the Customer Control Panel or as agreed upon including mail in payment, direct debit to account, et all;

 

(2) Parent will credit all payments received to the Customers Advance Account after deducting all bank charges, processing charges and any other charges which Parent may choose to levy upon its sole discretion, within reasonable time of receiving the credit in Parent's Account. The exchange rate will be determined by Parent through a reasonable source. The exchange rate determined by Parent shall be undisputable;

 

(3) It is the Customer's responsibility to provide the Customer Username to Parent to be credited for the payment. The absence of the Customer Username along with reasonable information will delay the corresponding credit to the Advance Account;

 

(4) In the event that the Customer charges back a payment made via Credit Card or the payment instrument sent by the Customer, bounces due to lack of funds or any other reason, then

 

(a) Parent may immediately suspend 7DS Users' access to the 7DS ecosystem, Services, panel, et all;

 

(b) Parent has the right to terminate this agreement with immediate effect and without any notice;

 

(c) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed by the Customer, as well as stop / suspend / delete / transfer any Orders currently being processed;

 

(d) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Customer to any other Customer, or under Parent's account;

 

(e) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same;

 

(f) Any negative balance in the Customers Advance Account shall become immediately payable;

 

(7) Parent shall have the right to initiate any legal proceedings against the Customer to recover any such liabilities.


 

 

3. PRICING TERMS

 

(1) All pricing in this Agreement as well as every Customer Product Agreement Extension refers to the price at which the Customer may Purchase the corresponding Parent Product. This is excluding taxes, surcharges or any other costs;

 

(2) Parent may at any time change the price of any Parent Product with reasonable notification to the Customer;

 

4. REFUNDS AND REIMBURSEMENT TERMS

 

(1) All Clear Balance pending in the Advance Account maybe refunded to the Customer, on request of the Customer unless otherwise indicated, including without limitation, if Customer has violated the OFAC Provision in Section 4 or if Customer has violated any other term of this Agreement. Such request must be sent to Parent in the manner prescribed by Parent.

 

(2) All bank charges applicable and a reasonable processing fee will be deducted from this amount. All Refunds and Reimbursements will take up to 14 Business Days upto 120days from the date of receipt of the request, to process;

 

(3) Parent will not be responsible for any differences in the reimbursement amount due to Fluctuation in International Currency rates. Parent will determine in its sole discretion appropriate conversion rates for currency exchange;

 

(4) Parent will not refund any amount that has already been debited to the Customers Advance Account under any circumstances.

 

All other agreements related to the services provided by the parent to the customer will be treated as Agreement Extensions and be read qua the CMSA. 

ICANN Domain Verification Policy

ICANN Domain Verification Policy

In order to fulfill our contractual obligations under ICANN's 2013 RAA, DreamHost may send you a verification request to confirm your WHOIS contact information for all unverified domain registrations and Registrant contact modifications.

The email will be sent from the email address “This email address is being protected from spambots. You need JavaScript enabled to view it.”. You will have a 05-day window from the time of the contact change to verify the address. After 05 days, the domain(s) associated with this Registrant contact will be taken offline until the email address is verified.

7Digital Solutions® is an enterprise, engaged in providing international domain name registration services globally. All the domain extensions under one roof. We manage your domain name portfolio. We provide Services on TMCH (Trademark Clearing House) and Brand Monitoring Services. 7DS has a large portfolios of SSL certificates for providing security solutions online.

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