Effective September 1, 2005
Welcome to NagpurTrade.Com Technologies website, a service of NagpurTrade.Com Technologies , together with its subsidiaries, affiliates, agents and licensors (collectively "NagpurTrade.Com Technologies "). The following terms apply to your use of and access to any NagpurTrade.Com Technologies (collectively "NagpurTrade.Com Technologies") owned or operated website ("Website"), as well as any electronic transmission sent, received, posted, accessed, or stored via any NagpurTrade.Com Technologies network ("Network"), including without limitation its wireless web, data, and messaging services; Internet services; and internal email network for communicating with NagpurTrade.Com Technologies employees. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and NagpurTrade.Com Technologies, these terms explain the policies that govern your access to and use of our Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using our Website or Network, you agree to these terms (collectively the "Policy and Agreement"), as NagpurTrade.Com Technologies may modify it from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Website or Network.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which NagpurTrade.Com Technologies has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. NagpurTrade.Com Technologies makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. NagpurTrade.Com Technologies does not sponsor or endorse the operators of the sites or the content, products or services they provide, and NagpurTrade.Com Technologies is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
ILLEGAL OR HARMFUL USEs
You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of
Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without NagpurTrade.Com Technologies prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. NagpurTrade.Com Technologies may, but is not obligated to, investigate any violation of our Network. NagpurTrade.Com Technologies may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using NagpurTrade.Com Technologies products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network. No one is allowed to link a Part / Full part, any picture or application of our website content to any other website or media form without the prior permission of us.
Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by NagpurTrade.Com Technologies or attempting to gain unauthorized access to, alter, or destroy any information that relates to any NagpurTrade.Com Technologies customer or other end-user. NagpurTrade.Com Technologies may, but is not obligated to, take any action it deems necessary to protect its Website and Network, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. NagpurTrade.Com Technologies may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A NagpurTrade.Com Technologies WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A NagpurTrade.Com Technologies NETWORK OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." NagpurTrade.Com Technologies, IT'S AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. NagpurTrade.Com Technologies DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL NagpurTrade.Com Technologies, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
The laws of India and the laws of the State of Maharashtra shall govern all matters relating to the access and use of this Web Site. Exclusive jurisdiction and venue of any actions arising out of, or relating to, or in any way connected with access and/or use of this Web Site shall be in Nagpur, India.
You agree to indemnify, defend and hold harmless NagpurTrade.Com Technologies from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.nagpurtrade.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. NagpurTrade.Com Technologies may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Care. If you want to report any violations of this Policy and Agreement, email@example.com Or www.nagpurtrade.com/contactus.html
We hope you enjoy using our Services and we welcome suggestions for improvements.
Web Services TOS
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by NagpurTrade.Com Technologies (the "Services"). As used in this Agreement, "NagpurTrade.Com Technologies" means NagpurTrade.Com Technologies Information Technologies and "Client", "you", or "your" means you.
As referred to in this Agreement, "Site" refers to a World Wide Web site and "NagpurTrade.Com Technologies Site" refers to the Site located at the URL http://www.nagpurtrade.com or any other successor Sites owned or maintained by NagpurTrade.Com Technologies.
"Services" means domain name registration, web site hosting, email and any other service or facility provided by us to you. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
2. Domain Name Registration
2.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute.
3. Web Site Hosting And Email
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
3.3.2 you will not post, link to or transmit : (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
(d) Pornographic material will not be allowed.
3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
3.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
3.7 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4. Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have
been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
You shall indemnify us and keep us identified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
6.1 if you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 if you break any of these terms and conditions and you fail to correct the breach within thirty (30) days following notice from us specifying the breach, we may terminate this Agreement.
6.3 on termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
We may suspend the use of either CGI, PERL, PHP, MySQL, SSI or other scripts if your account is found to be using an unfair amount of system resources, we may re-instate them at our discretion.
8. Server Outages/Moves
If for any reason we have to move your account from one type of server from another we will make sure you have all of the features on the new server except we reserve the right to not provide the same scripting solutions or database solutions.