Terms of Use
This Agreement constitutes an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records/documents in various statutes as amended by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines) Rules, 2011, for the access or usage of Chandorkar Technologies OPC Pvt Ltd's ("Chandorkar Technologies") website www.hostingduty.com ("Website").
1. Definitions
- User means any person who accesses or uses the Website.
- Services means the hosting services offered by Chandorkar Technologies on the Website, including but not limited to web hosting, domain name registration, email services, and other related services.
- Content means any data, text, graphics, images, audio, video, or other information uploaded, posted, or stored on the Website by the User.
- Account means the unique account created by the User to access and use the Services.
2. Acceptance of Terms
By accessing or using the Website or Services, the User unconditionally agrees to be bound by the terms and conditions of this Agreement. If the User does not agree to all the terms and conditions of this Agreement, the User may not access or use the Website or Services.
3. User Conduct
The User agrees to comply with the following rules of conduct:
- Lawful Use: The User will use the Website and Services only for lawful purposes and in accordance with all applicable laws and regulations.
- Intellectual Property Rights: The User will not infringe upon the intellectual property rights of others, including copyrights, trademarks, and patents.
- Data Privacy: The User will not collect, harvest, or use personal information of other Users without their express consent.
- Prohibited Content: The User will not upload, post, or store any Content that is:
- Illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically offensive.
- Child sexual abuse material (CSAM).
- Encourages or promotes violence, terrorism, or discrimination.
- Infringes on the intellectual property rights of others.
- Violates privacy rights.
- Promotes spam, phishing, or other malicious activities.
- Contains viruses, malware, or other harmful code.
- Misrepresents the User or Chandorkar Technologies.
- Resource Abuse: The User will not abuse the resources of the Website or Services, including excessive bandwidth usage, CPU usage, or disk space usage.
- Security: The User will not attempt to compromise the security of the Website or Services or any other computer system.
- Third-Party Services: If the User uses third-party services in conjunction with the Services, the User is responsible for ensuring compliance with the terms and conditions of those third-party services.
4. Account Security
The User is responsible for maintaining the confidentiality of their Account credentials, including usernames and passwords. The User agrees to notify Chandorkar Technologies immediately of any unauthorized use of their Account.
5. Website and Service Availability
Chandorkar Technologies strives to maintain the availability of the Website and Services 24/7. However, Chandorkar Technologies does not guarantee uninterrupted service and may experience occasional downtime for maintenance or other reasons.
6. Service Uptime Guarantee
Chandorkar Technologies strives to maintain a service uptime of 99.9% for its shared hosting plans. This uptime guarantee excludes:
- Scheduled maintenance.
- Downtime caused by circumstances beyond Chandorkar Technologies' reasonable control, such as natural disasters, power outages, or third-party service disruptions.
- Downtime caused by the User's actions or inactions.
7. Bandwidth Usage
Chandorkar Technologies may limit bandwidth usage for shared hosting plans to ensure fair resource allocation among all Users. If a User exceeds their allocated bandwidth limit, Chandorkar Technologies may contact the User to discuss options for increasing their bandwidth allowance.
8. Data Backup
The User is solely responsible for backing up their data. Chandorkar Technologies does not guarantee the availability of backups and is not liable for any data loss.
9. Intellectual Property
The Website and Services, including all software, code, and other intellectual property rights therein, are the exclusive property of Chandorkar Technologies or its licensors.
10. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHANDORKAR TECHNOLOGIES DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
IN NO EVENT SHALL CHANDORKAR TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF CHANDORKAR TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
The User agrees to indemnify and hold harmless Chandorkar Technologies and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorneys' fees, arising out of or relating to the User's use of the Website or Services, including any violation of this Agreement.
13. Changes to Terms
Chandorkar Technologies may modify this Agreement from time to time. The User will be notified of any material changes to this Agreement. By continuing to use the Website or Services after any such changes are made, the User acknowledges and agrees to be bound by the revised Agreement.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India.
15. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Pune, Maharashtra, India.
16. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, and agreements, whether oral or written.
