This Web Hosting Agreement (this "Agreement") is between Mumbai Hosting (referred hereinafter as 'mumbaihosting.com', 'mumbaihosting', 'our', 'we' and 'us'), and the individual or legal person ("Client", "you", "your") who signs Mumbai Hosting's services by filling up the order form (the "Order"). This Agreement governs Client's use of Mumbai Hosting's services.
All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the terms and conditions below.
This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Mumbai Hosting with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.
- The server your site is hosted on will remain the property of 'Mumbai Hosting' at all times. Your account will be a 'virtual server' account and accordingly each 'Mumbai Hosting' server is shared between users.
- Mumbai Hosting is the host, contact and service name for all users. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. We reserve the right to modify, enhance and withdraw our services at any time. In the event of any change, we will notify you by e-mail giving reasonable notice of the change(s). You may have multiple Services with us, Violation of the Agreement due to any one Service shall give Mumbai Hosting the right to cancel such other Service(s).
- GST as applicable on Shared Hosting Plans, VPS Dedicated Servers, Private Email Servers, Website Design and all other services on which GST is deemed to be applicable.
- You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. This also applies to linking directly to illegal files or other sites that offer any illegal material. Sound and video files that you own the rights to may be uploaded only after you are approved. Midi files are unrestricted; you do not need approval for them. Note: You may upload these materials if you first obtain written permission from the copyright or trademark owner and we will require a copy of this permission before uploading.
The following cannot be held on our servers
- Pirated software
- Hacker programs
- Pornography or nudity of any kind
- Pharmacy and prescription drug websites
- Copyrighted materials without authority to distribute or display
- Fraudulent activity, phishing or impersonation
- Scripts commonly used for abuse, attacks, or flooding
- IRC and associated programs (including psybnc, "bots", etc...)
- Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..
- Virus/Virii, Spyware, Malware, or other infectious material
- High-Yield Investment Program (HYIP) and low investment high profit schemes
- Unlicensed Gambling sites and sites that promote unlicensed gambling.
- Any links/affiliations to the above
- Archives of movie files, audio files, zips, rars or any large volumes of files used for downloading / sharing
- Streaming data, downloads, web pages or any other data which is likely to create a heavy load upon the systems or bandwidth
If any of the above is found on your site/directory then it will be deleted and you will be emailed with a warning. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If a repeat offence is made, your account will be disabled with no refund given. However, if the initial breach of terms is strong enough your account will be immediately terminated. Deliberately changing the extension of a file to hide its contents will not work; it will be considered an illegal file and will result in the immediate termination of your account. You may not publish any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy or excessive profanity (cursing). This includes material that abuses, harasses or threatens any person or group. Files or directories or email user accounts may NOT contain profane or sexually suggestive names or expletives. We reserve the right to be the final judge as to what is or is not acceptable and to terminate your account if your use of it causes a detrimental effect on other clients.
If your account is disabled due to illegal use on your part your domain name will remain your property.
- We operate a paperless billing system. An email will be sent to the address you provide us during sign up everytime an invoice is raised. We provide a grace period of 3 days from the invoice due date. Any invoice that is outstanding for 3 days and is unpaid will result in a late payment fee of RS. 250. If you do not pay your invoice along with the late fee within 7 days after the due date your hosting account will be suspended. If your account is suspended due to a billing issue, you will be charged an administration fee of RS. 500.00 to have your account unsuspended. If you do not pay your invoice along with the late fee within 15 days after the due date we may terminate your account and any data stored will be lost. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.
Mumbai Hosting will not be held responsible for the content of pages hosted under our service. We do not review page content before it is posted and do not verify, endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. You are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. If your local ISP IP address is blocked at the server due to a abuse issue, you will be charged an administration fee of RS. 1000.00 to have your IP released.
- Mumbai Hosting takes no responsibility for any material placed on its network. Mumbai Hosting is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Mumbai Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- The email system should not be used for mass transfer of data or for virus transfer. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts. We have a no-tolerance approach to SPAM mail being used by any of our members. If you are found to be taking part in SPAM mailing then your account will be terminated, no compensation will be given and you may be charged up to RS. 10,000.00 for your illegal use of SPAM. To help combat SPAM we limit users to sending 100 outbound emails per hourly session. Mumbai Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Mumbai Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
Please do not use the PHP, SSI and CGI services to gain illegal entry to our servers or to use them for intensive Server-side tasks (any scripts which require more than 8Mb of server memory and/or more than 30 seconds of server time to execute). Do not make excessive use of our autoresponders, subdomains and MySQL databases. Any over-use of these services will result in termination of your account.
- Your primary (first) email address at Mumbai Hosting is your account email address and any notifications and alerts we send to you will be to this address. It is your responsibility to check this address regularly for emails from Mumbai Hosting.
- The amount of server space and bandwidth allocated to your account when you purchased it will always be the minimum value, however we may occasionally increase this value, in which case your account will be upgraded to the new values and you will be contacted regarding this change. Should your account go over your alloted monthly bandwidth, you will be invoiced after the month is complete at the price of RS. 600.00 per 1000mb bandwidth used, or part thereof. Mumbai Hosting shall have the right to take corrective action if client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Mumbai Hosting's sole and absolute discretion, at any time deemed necessary by Mumbai Hosting. If Mumbai Hosting takes any corrective action under this section, client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, client will be warned of approaching or exceeded resource limits via email by Mumbai Hosting's automated notification system.
Mumbai Hosting guarantees a 99.9% uptime, you may request a refund of the purchase price (refunded in pro-rata) if this guarantee is not met over the course of 1 (one) annum. Note that appropriate statistical data must be produced by the user indicating that our server's uptime was less than 99.9% over the period in order to claim compensation. Planned downtime (of which you will be given 48 hours notice minimum) and downtime for emergency repairs are not included in this uptime guarantee. It does not cover any areas where Mumbai Hosting has no direct influence, such as backbone provider failures, network uptime, fibre-optic main line cuts, DNS or Registrar issues with client's domain name, routing issues between client location and Mumbai Hosting's data center, within USA. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Mumbai Hosting cannot directly influence.
Notwithstanding anything else in this agreement to the contrary, the maximum aggregate liability of Mumbai Hosting and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
- In no event will Mumbai Hosting be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Mumbai Hosting's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
- Mumbai Hosting is a not a domain registrar. Mumbai Hosting registers clients domains with ICAAN authorised registrars.
To transfer the domain away from Mumbai Hosting's registrar: Newly registered domain names registered with a domain registrar cannot be transferred to another registrar for upto 60 days from the date of registration. After sixty days you can transfer the domain to another registrar.
To transfer the domain to another registrar, You will need a domain transfer secret (EPP code). You will have to raise a support ticket requesting Mumbai Hosting to retrieve the EPP code for the domain transfer secret (EPP code) from the registrar. Mumbai Hosting will charge a one-time fee of Rs. 250 + GST to retrieve and send you the transfer (EPP) code for your domain name. There is no additional charge for the EPP code itself.
If you are unable to transfer the domain using the EPP code and need Mumbai Hosting's assistance to move the domain name, You will have to raise a support ticket requesting Mumbai Hosting to move your domain name. Mumbai Hosting will charge a one-time fee of Rs. 500 + GST to move the domain name.
A domain name, once registered, will fall due for renewal at the expiration of the registration period specified. Any domains registered via Mumbai Hosting will be listed in the customers online account admin panel along with the respective expiry date and we advise all customers to make a note of these dates for their own records. Mails are sent to notify customers of a domain¿s pending expiry, however we shall not be responsible if the notification email is not sent due to technical errors in the mailing process and/or unknown reasons beyond our knowledge.
- Limited Modification of DNS and MX records can only be done only from within cPanel i.e Hosting control Panel and you need to order a hosting plan to manage your domain's DNS amd Mx records. Clients can create and edit A and CNAME records, edit MX records, customize SPF records and also add TXT records from within cPanel. Please note that this effect will only work if Mumbai Hosting's nameservers or private nameservers registered with Mumbai Hosting's IPs are being used.
- All shared hosting accounts have to be linked with an Active domain name. Clients maintaining abandoned shared hosting accounts with expired domain names and abandoned shared hosting accounts whose domain nameservers and A records have been moved away from Mumbai Hosting's servers will be emailed requesting restoration of the domain name and/or repointing the domain nameservers and/or A records to the shared hosting account. Failure to restore and/or attach the domain name with the shared hosting account within 7 days will result in termination of your services and cancellation of your client account.
- All discount code applications are checked for validity. You will be told upon ordering whether it is valid. If it is valid, certain conditions may apply to it upon which you will be notified. Breach of these conditions will result in account suspension and you will not receive any refund at all. We reserve the right to obtain administration costs through legal action. Discount codes are not applicable for domain names or account addons. They only apply for packages, and for the first year only. After that you will be charged the current price for package and domain renewal.
- We offer all personal (non-commercial) clients a 7 day cooling off period from your initial date of signup for Shared Hosting only. No refunds are offered for Reseller Hosting, VPS Dedicated Servers, Private Email Servers and domain names purchased or transferred and we reserve the right to charge an administration fee for processing cancellation requests. Setup Fees are non-refundable. Accounts, including all data, emails and files, terminated under this offer shall be removed from our server immediately.
Mumbai Hosting offers a great amount of disk space and unlimited other resources, such as email or FTP accounts, with certain plans. The intention of Mumbai Hosting is to provide a large amount of space and resources for our client's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need active email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All active email accounts hosted under Mumbai Hosting's Shared or Reseller web hosting packages have a (30 days storage / 2 GB Disk Space) limit. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among client's has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Mumbai Hosting. If a "Fair-Use" breach occurs, Mumbai Hosting may have to remove files from the client's account in order to restore full serviceability to other client's affected by the breach. In any case, the client will be notified of any actions that Mumbai Hosting may have to take.
You are not permitted to use Mumbai Hosting Servers as an offsite backup facility. Therefore, all files uploaded to Your web space should be visible and accessible to the outside world (or web-visible). We reserve the right to delete files or directories that are not web-visible without giving notice to You.
You are not permitted to create multiple web sites which have the main purpose of redirecting visitors to another web site.
You are not permitted to create a web site with file content such as but not limited to images, movies and sounds where the links to such content originate from one or more external web sites.
On certain plans, MumbaiHosting.com does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does MumbaiHosting.com charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the MumbaiHosting.com service is designed to host websites. MumbaiHosting.com does NOT provide unlimited space for online storage, emails, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 20,000) can have an adverse affect on server performance. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 100 database tables) or of database size (i.e., in excess of 1GB total MySQL/PostgreSQL usage) negatively affect the performance of the server. MumbaiHosting.com may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
You may not:
1) Use 10% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
MumbaiHosting.com's Shared Hosting service is designed to meet the typical needs of small business and home business website Subscribers in India. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. In order to ensure a consistent and quality experience for all Subscribers, MumbaiHosting.com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until MumbaiHosting.com can evaluate said sites resource needs. We reserve the right to remove or prevent access to any script, page or activity which in Our opinion is causing a high load or degradation of our Services.
- As a courtesy, Mumbai Hosting maintains a backup service for client on most shared hosting accounts. Mumbai Hosting will make every reasonable effort to protect and backup data for Client on a regular basis. However, Mumbai Hosting does not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible. Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. Client agrees that there are no guarantees that server backups will work correctly and responsibility lies with the client to make and keep backups on their cpu/computer system. There are backup utilites in cpanel and client can always backup data easily. Mumbai Hosting cannot be held responsible and shall have no liability for any loss or damage to any data stored on the Server or backup mediums. There is a one time fee of RS. 1000 per GB of data for an Mumbai Hosting Administrator to retrieve/restore client's website from the back-up files.
Sending Bulk Mail on VPS - Dedicated Servers and Private Email Servers.
Legitimate bulk mailing lists are permitted on our VPS - Dedicated Servers network if
the bulk email meets the following criteria:
1) The recipient has confirmed his willingness to be added to the
distribution list of the mailing, by responding to a verification email,
or, otherwise, verifiably confirming permission. (Evidence of such must be
retained and available by request.)
2) Messages should include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at email@example.com.
- You must have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line.
Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
3) All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.
If Mumbai Hosting approaches a client for evidence of confirmation, this request must be honored within 24 hours.
Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.
We have a no-tolerance approach to SPAM mail being sent on our VPS Dedicated Servers and Private Email Servers. If you are found to be taking part in SPAM mailing then your account will be terminated, no compensation will be given and you may be charged up to RS. 10,000.00 for your illegal use of SPAM. Mumbai Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Mumbai Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
VPS Dedicated servers and Private Email Servers require 1 working day for domain nameserver configuration and software setup. All VPS Dedicated Servers and Private Email Servers are setup after payment clearance and delivered after 1 working day from the date of payment clearance. Please remember that your Plan duration will commence from the date the payment was cleared and not from the date the VPS Dedicated Server is handed over to you. We need a 1 day window period to setup, configure and secure the VPS Dedicated Server.
You agree to take full responsibility for files and databases or any other form of data residing on your VPS Dedicated Server and to maintain all necessary backups. Mumbai Hosting is not responsible for files and/or databases or any other form of data residing on your VPS Dedicated Server.
- A client may cancel his account at any time online. If requesting a cancellation, we ask that client to briefly explain the reasons for doing so, as well as any suggestions on how Mumbai Hosting could improve service.
- In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Mumbai Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not co-operative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On client request, nameserver change of domain names is done by Mumbai Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration's registrar.
- Clients using MumbaiHosting.com's Shared Hosting service are restricted to resell web hosting to other customers. If you wish to resell hosting you must use a reseller account. Mumbai Hosting provides technical support to its client's. We limit our technical support to our area of expertise. The following is our guideline when providing support: Mumbai Hosting provides support related to your service plan's features' physical functioning. Mumbai Hosting does not provide technical support for the client's customers.
- If Mumbai Hosting assigns a client an IP address for use with the subscription, the right to use that IP address shall belong only to Mumbai Hosting and the client shall have no right to use that IP address except as permitted by Mumbai Hosting. Mumbai Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to client's by Mumbai Hosting. Mumbai Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Client's or any network users are prohibited from violating or attempting to violate the security of Mumbai Hosting's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Mumbai Hosting will investigate occurrences which may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting client's who are involved in such violations. These violations include, but are not limited to:
1. Accessing data not intended for such client or logging into a server or account, which such client is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any client, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which client is not entitled.
- Mumbai Hosting is under no obligation or duty to constantly view each client's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Mumbai Hosting will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other client's. If a client is found to be in violation, the following steps are taken:
1. First violation: Any Client, which Mumbai Hosting determines to have violated any element of this TOS shall receive an email warning them of the violation. Client's service is subject to a temporary suspension at Mumbai Hosting's discretion pending a client's agreement in writing to refrain from any further violations.
2. Second violation: Client's, whom Mumbai Hosting determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: Mumbai hosting reserves the right to suspend hosting accounts involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the client. Mumbai Hosting will contact the client as soon as it is feasible.
- Client must provide Mumbai Hosting real and current contact information at all times. E-mail address and telephone contacts are used, and in that order of preference.
Verification: Mumbai Hosting reserves the right to delay fulfillment of any request for Services for so long as it shall require verifying the authenticity of the request or credit worthiness of the customer.
Mumbai Hosting reserves the right to request and require whatever form of identification it deems necessary to verify the authenticity of any request regarding the Service.
Mumbai Hosting shall have the right, at any time, to perform a credit reference check and/or trade reference check with respect to your circumstances or status, whether financial or otherwise.
- The TOS specifically prohibits the use of our service for illegal activities. Therefore, client agrees that Mumbai Hosting may disclose any and all client information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the client. Client agrees to indemnify and hold harmless Mumbai Hosting, Mumbai Hosting's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Client's services in violation of applicable law or the TOS by Client or any person using Client's log on information, regardless of whether such person has been authorized to use the services by Client.
- Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. The terms on Client's purchase order or other business forms are not binding on Mumbai Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Client may not transfer the Agreement without Mumbai Hosting's prior written consent.
- We may assign or transfer our rights and responsibilities under this Agreement to someone else. We may also subcontract the performance of any of our responsibilities under this agreement to anyone else. You may not assign or transfer any of your rights or responsibilities under this Agreement to anyone else without our prior written consent.
- If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
You shall be deemed to have read this Agreement and agree to be bound by this Agreement. This Agreement shall supersede all proposals or prior Agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. We may amend this Agreement or any “Additional Service Agreement” at any time without prior notice to you. This will vary our Agreement with you. You agree to keep advised of any changes to this agreement by checking the Mumbai Hosting web site on a periodic basis. We will interpret your ongoing use of our Services as constituting your acceptance of the amendments.
Proceeding with your order verifies your acceptance of these conditions. Your order has not been accepted by Mumbai Hosting until you have received your account details. This policy corresponds to all Mumbai Hosting packages and services. All contracts and agreements entered into are governed by the laws of India and subject to Mumbai Jurisdiction.