Acceptable use policy
I. Overview
Service Contract for All Customers, Subscribers, Clients, Resellers and Business Associates
Preliminaries: Le Phoenix Web Marshals ("webmarshals.in"), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract "the Agreement", "AUP" "Service Contract", “Terms of Service” is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the Services of www.webmarshals.in for the registration and renewal of the registration of a domain name, or by opening an account for any of the entire range of services available with www.webmarshals.in for such purpose.These Terms of Use govern your use of the websites, content and community services offered through webmarshals.in. You (the user) agree to access webmarshals.in (this site), subject to the terms and conditions of use as set out here.
1. Definitions
As used in this Agreement, the following terms have the following meanings:
i: The terms “we”, “us” “our” or "webmarshals" shall refer to Le Phoenix webmarshals (webmarshals.in)
ii: "you" ,"your", "customer" and "Subscriber" refer to each customer, that is, each person who avails or subscribes for any of Services from Le Phoenix web marshals or Web Marshals or www.webmarshals.in.
iii: "Services" refers to the domain services, shared hosting services, dedicated servers, or any other products/services provided by us as offered through webmarshals.in.
iv: "Account" means a wholesale/retail account opened with webmarshals.in for the registration of domain names, hosting services and/or the payment for such registrations and/or any other products/services.
2. The Agreement
This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with Le Phoenix Web Marshals (webmarshals.in) or by using any Services under this Agreement you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Webmarshals's servers.
II. Modification of Terms of Service
Webmarshals.in may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms on http://www.webmarshals.in/termsofservice.html. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should intimate the same to us and discontinue using the service. In that event any amount paid by you for availing these services shall stand cancelled and the Company shall not refund any amount to you. However, if you continue to use the service you agree to accept and abide by the modified Terms.
III. Eligibility
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
IV. Authority
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your" or “User” shall refer to such corporate entity. If, after your acceptance of this Agreement, Webmarshals finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Webmarshals shall not be liable for any loss or damage resulting from Webmarshals’s reliance on any instruction, notice, document or communication reasonably believed by Webmarshals to be genuine and originating from an authorized representative of your corporate entity If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Webmarshals reserves the right (but undertakes no duty) to require additional authentication from you.
V. Account setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Webmarshals, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Webmarshals is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. You represent and warrant to Webmarshals that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Webmarshals has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Webmarshals reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your Account number/username, password, payment method(s).You must notify Webmarshals immediately of any breach of security or unauthorized use of your Account. Webmarshals will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, shall be solely responsible and liable for any loss Webmarshals or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Webmarshals reserves the right in its sole discretion to terminate your account on of any fraudulent, abusive, misuse or otherwise illegal activity, and that Webmarshals may refer you to appropriate law enforcement agencies. Registering for a service presumes that the users have read, understood and accepted the said terms and conditions. Where the application for a domain is made/submitted by an agent of the customer or a reseller, they must ensure that these general terms and conditions are validly agreed with the customer. However, this will not affect the responsibility of the customer. The agent or reseller must inform the customer of all announcements and procedures in connection with the domain and take necessary measures on behalf of the customer.
VI. Content
All services provided by Webmarshals may only be used for lawful purposes. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Webmarshals that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. Webmarshals reserves the right to delete any content, messages or material (collectively, "Content") that in its sole judgment violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, or cause harm or threaten the safety of other Webmarshals Users/Registrants/Members, Webmarshals or any third party. Webmarshals will investigate and take appropriate legal action in its sole discretion against anyone who violates these terms and conditions, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators without a refund or deleting / blocking any profiles.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@webmarshals.in. If the request is of a licensing issue, we may require further documentation.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
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- 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/PBBGs
- 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 and escrow-fraud.com)
- Mailer Pro
- Voice or fax messaging either for itself or for its customers/clients or any third party
- Adult Material
- any material in violation of any Indian rules and regulations
Webmarshals's systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Webmarshals system(s) constitutes consent to monitoring for these purposes.
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 trouble ticket/email and will have a response within 48 hours.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party.
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. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
VII. Resource Usage
a.)
User may not:
1) Use 25% 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.
Users are strongly recommended to:
9) 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")
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
b.) Inodes / Files
The use of more than 250,000 inodes/Files on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
VIII. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
IX. Scope of services
You acknowledge that you shall be solely responsible for any and all activities originating from your website, unless it could be established that such an activity was as a result of outside hacking or address forgery. You agree and understand that use of the Services requires a certain level of understanding and knowledge of the Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge and conform that you have the necessary knowledge to create, modify and maintain your website. Webmarshals assumes no responsibility to provide you with such knowledge. Login names, passwords and any information related to service must be kept confidential. It's the responsibility of the CUSTOMER to protect there information.
X. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read http://www.webmarshals.in/mailpolicy.html for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Webmarshals reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Webmarshals reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Webmarshals.
XI. Payment and Refund Policies:
Payment Policy
You agree to supply appropriate payment for the services received from Webmarshals, in advance of the time period during which such services are provided. You agree that until and unless you notify Webmarshals of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Webmarshals of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Webmarshals, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Webmarshals of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Webmarshals. Webmarshals reserves the right to bill your credit card or billing information on file with us. Webmarshals provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@webmarshals.in after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Webmarshals cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@webmarshals.in
Webmarshals reserves the right to change the monthly payment amount and any other charges at anytime.
Refund Policy
Once the domain ordered is registered on your name (in case of domain registration order / domain registration + web hosting order) or once the web hosting account is setup on your name (in case of the web hosting order without domain registration), there will be of no refund of any kind. No refund will be provided if the account and/or domain is/are terminated/suspended due to the violation of our terms of service.
XII. Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
XIII. Cancellation
We reserve the right to cancel the account at any time.
XIV. Money back Guarantee and Refunds
We reserve the right to refund a amount or no refund at all in any case.
Each of Webmarshals's web hosting packages carry a 30 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the
first 30 days of your service, you will be given refund of the contract amount. Refund requests after 30 days will not be accepted. Remember, this is only for hosting packages and does not apply to administrative fees, install fees for custom software, any add-on products, other products purchased or domain name purchases. In the case
of cancellation of web hosting packages with free domain registration, the selling price of the particular domain will be deducted in the refund amount.
Only first-time accounts, who paid the first invoice with a credit card or with PayPal, are eligible for a refund. If you've had an account with us before, canceled and
signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Webmarshals will not activate new orders or activate new packages for customers who have an outstanding balance with Webmarshals. We reserve the right to refund a amount or no refund at all.
XV. Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may get credits towards your account. Credits are available only for future services/invoices or equivalent days of service and will not be issued as refunds. Approval of the credit is at the discretion of Webmarshals dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@webmarshals.in with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.Any downtime incurred as a result of maintenance will not be counted towards our network downtime. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
XVI. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Webmarshals does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Webmarshals will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
XVII. Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
XXVIII. Dedicated Servers
Webmarshals reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Webmarshals reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. It is your responsibility to maintain backups.
XIX. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
XX. Coupons
Any account found in abusing coupons will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
XXI. Affiliate Programmes
Affiliates will be paid commission for every successful paid new sign-up referred to webmarshals.in as tracked via the referral tracking link.
New sign-ups via any affiliate must stay as a subscriber with webmarshals.in for minimum 60 days for getting commission added to the affiliate's commission ac.
You can not refer yourself via affiliate link of your own affiliate account.
Each referral must be a unique customer who has never been a webmarshals.in client before.
Affiliates are paid monthly after minimum balance of Rs. 500 are made
If a referral changes their service plan within 120 days of their sign-up, the referral commission of the lower priced plan will be paid
If a referral cancels or charge-backs, the affiliate will not be paid a referral commission
XXII. SMS Updates
You must agree to inform webmarshals with your latest updated mobile number. webmarshals will be sending timely sms alerts to you as you are subscribed to webmarshals.in services / products and that sms service alerts are related to your services or any important update / offer from webmarshals.in. webmarshals.in may also send any sms service alerts related to its new products/offers or any such other important updates which webmarshals think to share to its customers. webmarshals is sending these auto generated sms service alerts at no additional cost for customer’s convenience and to keep them updated only.
In any case if you wants to unsubscribe from free sms service alerts service then please send a email to custcare@webmarshals.in from your valid billing ac holder email id with us so that we can add your mobile number to “ DONOT SEND AUTO GENERATED SMS” list.
webmarshals.in will not be responsible to compensate any loss or claims due to sms service alerts failure. webmarshals.in reserves the right to withdraw this sms service alerts service anytime with or without any prior notice for all or any specific customer's ac. These SMS Alerts are for informational purpose only.
XXIII. Transfer of Data Abroad.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
XXIV. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Webmarshals harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Webmarshals, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Webmarshals against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Webmarshals; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Webmarshals's server.
XXV. Disclaimer
Webmarshals shall not be responsible for any damages your business may suffer. Webmarshals makes no warranties of any kind, expressed or implied for services we provide. Webmarshals disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Webmarshals and its employees.
XXVI. Disclosure to law enforcement
Webmarshals may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
XXVII. Additional reservation of rights
Webmarshals expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Webmarshals in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Webmarshals, its officers, directors, employees and agents, as well as Webmarshals’s affiliates. Webmarshals expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels
XXVIII. Limitation of Liability
In no event shall Webmarshals be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement or for any unauthorized access to or alteration of your your transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through webmarshals's site/service, whetheror not webmarshals.in has been advised of the possibility of damages. You specifically agree that webmarshals is not responsible nor liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that webmarshals is not responsible for any content sent using and/or included in an webmarshals site/service by any third party. Also Webmarshals be liable for any damages that may result from(1) The Accuracy, completeness, or content of this site, (2) The accuracy, Completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (3) The services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (4) Personal injury or property damage of any nature whatsoever, (5) Third-party conduct of any nature whatsoever, (6) Any unauthorized access to or use of our servers and/or any and all content, Personal information, financial information or other information and data stored therin, (7) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (8) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (9) any user content or content that is defamatory, harassing,abusive, harmful to minors or any protected class, pornographic, “X-Rated”, obscene or otherwise objectionable, and/or (10) any loss or damage of any kind incurred as a result of your use of this site or the service found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Webmarshals is advised of the possibility of such damages.
In addition, You specifically acknowledge and agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) month after the cause of action accrues, otherwise such cause of action shall be permanently barred.
In addition, You specifically acknowledge and agree that in no event shall Webmarshals or webmarshals.in’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that are the subject of the cause of action.
XXIX. Jurisdiction
The laws of the Republic of India shall govern this agreement.
You hereby irrevocably consent that any action relating to our terms and conditions must be brought in Chennai High Court, or Court subordinate to it, situated in Chennai only, in all disputes arising out of or relating to the use of the webmarshals.in sites/services. Use of the webmarshals or webmarshals.in sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
XXX. Acknowledgement
By placing, hiring and continuing to maintain or place information at Web Marshals's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
XXX. Changes to the TOS
webmarshals.in reserves the right to revise its policies at any time without notice.
XXXI. Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with webmarshals.in or any agent or representative thereof, and constitutes the complete and total agreement between the parties