The use of services provided by "MGCyber Tech Creations" for its Brand "MGCSpace" (hereafter referred to as "MGCSpace" or "MGCSpace.com") is subject to the following Terms and Conditions.
MGCSpace is the publisher and operator of www.mgcspace.com (the "Site") whereby MGCSpace makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Product" or "Services" are referenced, such reference includes all hardware, domain registration, software, web hosting, email hosting and network resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to MGCSpace. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through "customer" or any second-person pronouns, such as "Your," "Yours," etc.
By submitting an Order Form online or by using MGCSpace's website, products or services, Customer hereby agrees to the terms and conditions of the Agreement.
At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by MGCSpace. Your subscription to the Services will be deemed accepted by MGCSpace when MGCSpace delivers a confirmation of the subscription to You. MGCSpace reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Network SLA found in Section 11 of this Agreement, MGCSpace also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered "Services" hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
2.1 Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until you follow MGCSpace's cancellation procedure set forth in this Agreement in section 7.5.
2.2 MGCSpace accepts payments via MasterCard, VISA, AMEX, wire transfer, Bank Transfer, Paytm, RazorPay and Paypal. Usage of a credit card indicates authorization to cover all future recurring charges and additional fees with the credit card on file. Credit cards will be charged on the renewal date for the account. Accounts will renew automatically on the anniversary of each billing cycle unless proper cancellation notice is submitted to our billing department (see section 8).
2.3 Other Payment Methods : MGCSpace accepts paypal, personal check, company check, echeck, wire transfer and money order. All funds must be payable in Indian Rupee or unless specified. MGCSpace does not accept international checks in foreign currencies. Payment for services by check must be received prior to renewal dates to avoid interruption of service.
2.4 If You do not pay all Fees when due, your account will be deemed past due. For any past due Fees, MGCSpace may charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid even after account / service suspension.
2.5 Returned Check Fee : In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing seven (7) days to rectify the situation. If within the seven (7) days the customer fails to pay all service fees, including a INR 2500 reactivation fee, a INR 2500 returned check fee and late fee (as mentioned in section 2.6), customer's account will be permanently canceled. Such cancellation does not relieve customer's obligation for payment under this agreement described in section 8. Cancellation includes the removal of all files on the account. In the event of a charge back, MGCSpace will immediately suspend all services to client until such time as full payment is received in addition to a INR 2500 charge back fee and a INR 2500 account enable fee.
2.6 NON-PAYMENT & LATE PAYMENT : You generally receive invoice well in advance depending upon services being used, however you will always receive an invoice 1 day prior to your renewal. In case of non-payment, after 3 days pass you will receive another invoice. (Reminding you of the outstanding balance / overdue invoice) On the 6th day, you will receive a final suspension notice and your account will be suspended the following day. If your balance has not been brought to zero, the account will be suspended and a INR 2500 reactivation fee will applied to your account. If payment has still not been made, we will leave the server in its spot offline for 1 week, such cancellation does not relieve customer's obligation for all its unpaid payments. If we have not heard back from you or receive payment, your server will be taken offline and resold. ALL FILES WILL BE DELETED FROM OUR SYSTEM.
2.7 You are solely liable for taxes and fee and agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. MGCSpace is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If MGCSpace should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, MGCSpace will invoice You for the difference between payment received and the Fees due.
2.8 You also agree to pay all attorney and collection fees arising from MGCSpace's efforts to collect any past due Fees. If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that MGCSpace will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees.
2.9 Promotions, Coupons and Discount Codes - From time to time, MGCSpace may offer coupons or other discount codes which may be used when signing up for hosting with Us. Coupons and discount codes are for first-time customers of MGCSpace and must be used at the time of Your initial purchase with Us - they may not be applied after Your service with Us has already been initiated. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause.
2.10 MGCSpace reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. The amount You pay for hosting will never increase during a specific term or time period for which you have signed up for Our Services. We reserve the right to change prices listed on at any time, without notice, and the right to modify the amount of resources given to plans at any time.
3.1 When You register for the Services, MGCSpace will provide You with a user ID and a password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
3.2 You must provide Us with a primary email address that is not part of any domain hosted by Us. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), MGCSpace.com is not included in any spam block list used by You or Your mail provider.
3.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 8.2 of this Agreement.
3.4 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site, web services and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, MGCSpace's site and/or equipment, and any other site.
All Services provided by MGCSpace may only be used for lawful purposes.
4.1 As between You and MGCSpace, MGCSpace acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site ("Your Content"). You hereby grant to MGCSpace a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable MGCSpace to perform its obligations hereunder.
4.2 In connection with performance of the Services and at the sole discretion of MGCSpace, MGCSpace may (but is not obligated to) provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by MGCSpace or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by MGCSpace to provide You with the Services ("Host Materials"). Subject to the terms and conditions of this Agreement, MGCSpace hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and MGCSpace, You acknowledge and agree that MGCSpace owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from MGCSpace.
4.3 This Agreement does not constitute a license to use MGCSpace's trade names, service marks or any other trade insignia. Any use of any of MGCSpace's trade names, service marks or any other trade insignia is strictly prohibited, absent MGCSpace's prior written consent.
4.4 As a specific matter - You are not permitted to register any Uniform Resource Locator (URL) or world wide web address that contains any of Our trademarks or URLs or that contain any terms that are confusingly similar to Our trademarks or Our URLs.
4.5 You may not register any URL or world wide web addresses that consist of, or contain, common or likely misspellings of Our trademarks or Our URLs.
5.1 mgcspace.com ("MGCSpace") implements the following DMCA Notice and Takedown Policy. MGCSpace respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, MGCSpace complies with the U.S. Digital Millennium Copyright Act ("DMCA") as well Indian Copyright & Patent law and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA and Indian Copyrights Act, 1957, the Patents Act, 1970. MGCSpace's infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
5.1.1 Copyright Infringement The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as MGCSpace, requesting that infringing material hosted on MGCSpace's servers be disabled or removed. Importantly, the DMCA imposes significant penalties - including court costs and attorneys fees - on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). MGCSpace will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our DMCA and Copyright Department
5.1.2. Notification Contents and Procedure If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to MGCSpace's DMCA & Copyright Department, containing the following:
Claimants may send DMCA and Copyright Infringement notice to :
MGCSpace Hosting Services,
c/o MGCyber Tech Creations
Attn: DMCA & Copyright Dept.
A,19, RAMMOHAN NAGAR,
AGRA-282007 (UP) IN
5.1.3 Takedown Policies and Procedures: MGCSpace implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, MGCSpace will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. MGCSpace reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of MGCSpace to terminate the account of repeat copyright violator, when appropriate, and MGCSpace will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying MGCSpace of claimed copyright infringement is set forth in Section 5.1.2, hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, MGCSpace shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when MGCSpace DMCA & Copyright Dept. receives a valid notice, MGCSpace will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the MGCSpace DMCA & Copyright Dept., using the counter-notification procedures set forth below. MGCSpace reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
5.1.4 Counter-Notification Procedures: If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section II above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f). To initiate a counter-notification, the Recipient must submit to MGCSpace DMCA & Copyright Dept. the following information:
Counter Notification can be sent to :
MGCSpace Hosting Services,
c/o MGCyber Tech Creations
Attn: DMCA & Copyright Dept.
A,19, RAMMOHAN NAGAR,
AGRA-282007 (UP) IN
After receiving a DMCA-compliant counter-notification, Our designated department will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material. Within ten to fourteen (10-14) days from MGCSpace's receipt of a valid counter-notification, MGCSpace will replace or cease disabling access to the disputed material unless MGCSpace DMCA & Copyright Dept. receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on MGCSpace's system or network.
5.1.5 Service Provider Customers of MGCSpace Some of MGCSpace's customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly, MGCSpace requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of MGCSpace's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
5.1.6 Modifications MGCSpace reserves the right to modify, alter or add to the DMCA policy set forth in Sections 5 above, and all users should regularly check back regularly to stay current on any such changes.
6.1 You agree to comply with MGCSpace's Acceptable Usage Policy ("AUP"), which may be found by accessing MGCSpace's web site at https://mgcspace.com/legal/aup, which policy is hereby incorporated by reference as an indispensable part of this Agreement. MGCSpace reserves the right to modify the AUP at any time by posting the modified policy on its web site. You agree to monitor the MGCSpace's website(s) for any changes to the AUP. Your continued use of the Services after the effective date of any changes to the AUP constitutes Your manifestation of intent to be bound by such changes. MGCSpace may, at its sole discretion, immediately terminate Your access to the Services, or this Agreement, if Your conduct violates the AUP, or if any of Your end users' conduct violates the AUP.
6.2 MGCSpace takes the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, MGCSpace reserves the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a MGCSpace reseller account, the account will be suspended and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with MGCSpace in any effort to investigate, disable or remove such content originating with Your end-users. Consistent with federal law, MGCSpace will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
You acknowledge and understand that MGCSpace operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third-party content published on Your website(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights.
6.4 Specific Requirements for Service Provider and User-Generated Content Subscribers :
6.4.1 If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to Clients which; a) resell bandwidth as hosts to third parties; b) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; c) operate search engines; or d) operate peer-to-peer file legal sharing networks. Clients acting as a Service Provider for third party users shall comply with the following provisions:
It is the policy of MGCSpace to provide any infringement notices it receives relating to Service Provider Subscribers, directly to the Subscriber's Designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information for the Service Provider Subscriber's Designated DMCA Agent. Failure to maintain compliance with this section shall constitute a material breach of this Agreement. Nothing contained herein should be interpreted as legal advice, and You are encouraged to consult your personal attorney regarding DMCA safe harbor compliance, or any other legal matter.
6.4.2 In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control as Our customer when such files or data, in Our discretion; 1), have been identified in a substantially compliant DMCA notice under 17 U.S.C. § 512; or 2) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers' Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially compliant DMCA Notice and which concerns content under Your control, You are obligated under this Agreement to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without claim of damage or injury by You. While We will attempt to simply disable access to such content without fully deleting it, or suspending all services to your account, We make no warranties concerning harm or injury to the content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your website's users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth above, and wait the required period of time, before We allow public access to the content to resume.
6.4.3 Nothing contained in this Section, or any part of this Agreement, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
7.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by MGCSpace. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
7.2 You must provide fourteen (14) days notice of non-renewal to Us should You not wish to renew this Agreement after the Initial Term. MGCSpace may terminate this Agreement at any time, without notice, in the event of nonpayment or violation of terms of service by You, if in MGCSpace's sole judgment You have in any way breached this Agreement ("Termination for Cause"). If you cancel any Service prior to the expiration of any Term, You understand and agree that MGCSpace will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees).
7.3 MGCSpace may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ("Termination without Cause"). In such case, MGCSpace will provide You with thirty (30) days written notice before the discontinuation of Services.
7.4 If MGCSpace cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 7.3, MGCSpace shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that MGCSpace terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to MGCSpace prior to the effective date of termination of this Agreement.
7.5 All Cancellation request must adhere the guildelines mentioned in Refund & Cancellation Policy along with conditions mentiond in this agreement.
7.6 In addition to MGCSpace's right to terminate this Agreement provided elsewhere in this Agreement, MGCSpace may terminate this Agreement effective immediately if, based on MGCSpace's sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Usage Policy ("AUP") as described in Section 6.1 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which MGCSpace considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon MGCSpace to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
7.7 The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 4.2 of this Agreement). MGCSpace shall not be liable to You or to any third party for termination of the Services permitted under this agreement. Upon termination of this Agreement, MGCSpace reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. MGCSpace reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
7.8 If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
You agree that Your use of MGCSpace's Services is at Your own risk, and that MGCSpace is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure.
9.1 Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services and Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to MGCSpace, You hereby agree to pay liquidated damages of INR 1000000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.
9.2 Any violation of the security to the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of this Agreement and the AUP of section 7.1 of this agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking."
You are prohibited from activities like any form of unauthorized access to data, systems or networks, including the Site and/or Services, unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network, unauthorized interference with service to any user, host or network, introducing a malicious program into the network or server (e.g. viruses and worms), including the Site and/or Services, utilizing Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our site or any other site etc.
In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause as described this Agreement.
10.1 Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, You will be charged an overage fee or your port speed will be rate-limited to 10mbps, whichever outlined in Your service order. If this fee is not outlined in Your service order, INR 300 per Gigabyte will be charged. Unused bandwidth is not carried over to the next month for purposes of a credit. Unmetered bandwidth plans may be part of a shared pool of bandwidth, please consult a sales representative to see if the plan you are interested in is dedicated or shared. Bandwidth is calculated by adding the in+out traffic unless otherwise specified on your service order. Plans with "Free Incoming" only charge for the outbound bandwidth (FROM your server TO our network).
10.2 FAIR USE POLICY: We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our TB/Unmetered bandwidth plan as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following: (a).Rate-limit the data the Client may send and/or receive from the individual machine to the entire solution level, (b) Adjust pricing to a standard bandwidth rate (market-dependent), (c) Suspend or terminate Service to any or all Client machines
10.3 Clients may not use TB/Unmetered bandwidth plans for the purpose of operating a CDN, nor may they run streaming media solutions or VPN services without gaining consent from Us.
11.1 NETWORK SERVICE LEVEL AGREEMENT : MGCSpace is committed to providing a standard of service and reliability unparalleled in the hosting industry and guarantees network uptime of 99.9% of the time excluding scheduled maintenance. Our networks are multi-homed through redundant high-speed carriers which results in you, the customer, always being able to count on fast and reliable connectivity to our network.
11.2 DATACENTER ACCESS : Our Data Centers are ultra-secured. In the special event a customer needs personal access to their server they will be escorted to their server by a MGCSpace technician or Account Manager who will assist and monitor activity. Access to our facility is only granted via employee key cards.
11.3 In the event any customer experiences anything less than 99.9% uptime of the MGCSpace Network a credit will be added to the account upon request. Network downtime is defined as the inability to transmit or receive data due to the failure of MGCSpace owned network equipment. MGCSpace will provide a 5% credit to the affected server or shared account for each hour of downtime beyond 0.1% per month. No customer may receive credits totaling more than one month of service per affected server or shared account. Downtime is measured from the time a trouble ticket is opened by the affected customer to the time MGCSpace determines the issue to be resolved, excluding scheduled maintenance.
To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
You agree to defend, indemnify, and hold MGCSpace and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach of Your covenants under this Agreement; (b) Your use of the Services; (c) all conduct and activities occurring under Your user ID and password; (d) any item or service sold or advertised in connection with Your Content or Your information and data; (e) any defamatory, libelous or illegal material contained within Your Content or Your information and data; (f) any claim or contention that Your Content or Your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; (g) any third party's access or use of Your Content or Your information and data; (h) any violation of the applicable Acceptable Use Policy; and, (i) to the extent applicable to Your site, You warrant and represent that: 1) Your Content complies with Title 18, U.S.C. § 2257 and 28 C.F.R. § 75 et seq., as amended; 2) all performers depicted in the Your Content were over the age of eighteen (18) when the content was created; 3) Your Content does not contain any images which constitute child pornography, obscenity, bestiality, actual depictions of violence, or activities otherwise illegal in the United States of America or India; and 4) all representations and reproductions of any aspect of the likeness of actual people in the Your Content have been duly authorized and permitted by the persons depicted. In the event of a claim under this section, MGCSpace shall be permitted to select legal counsel to provide a defense to such claim. MGCSpace reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of MGCSpace, which shall not be unreasonably withheld.
13.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. MGCSpace EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS SET FORTH IN PARAGRAPH 11, MGCSpace MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MGCSpace MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
13.2 THIRD PARTY : MGCSpace MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES ("THIRD-PARTY SERVICES"). MGCSpace HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY.
MGCSpace MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MGCSpace OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON MGCSpace's WEBSITE(s).
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL MGCSpace BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL MGCSpace, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF MGCSpace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF MGCSpace AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO MGCSpace DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
15.1. By using the MGCSpace Network's domain registration services (the “Services”), you agree to be bound by terms mentioned in this page. You understand that MGCSpace act the sponsoring registrar, or as reseller for the sponsoring registrar.
15.2. Your domain registration will be effective upon occurrence of all of the following: You accept all terms and conditions of this Registration Agreement and the MGCSpace's Terms of Service and its ancillary documents; The MGCSpace accepts (in its sole discretion) your domain registration application; The MGCSpace receives payment of the registration, renewal and reinstatement fees, as applicable; and The MGCSpace delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.
Further you may refer to Registrant Educational Material and Registrant Benefits & Responsibilities as outlined by ICANN.
15.3. You understand that the MGCSpace does not control all aspects of the domain registration process. For example, once you submit a domain registration, the MGCSpace forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The MGCSpace disclaims, and you agree, that the MGCSpace is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. The MGCSpace will not be held liable, nor refund a domain name registration due to spelling errors/typos.
15.4. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”): The domain registrant's name and postal address, the domain being requested, administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain and technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain and billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
Additional registration information. In addition, in accordance with ICANN policies, the MGCSpace is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”): The original creation date of the domain registration; The submission date and time of the registration to us and by us to the proper registry; Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us; Account records for your domain registration, including dates and amounts of all payments and refunds; The IP addresses of the primary nameserver and any secondary nameservers for the domain; The corresponding names of those nameservers; The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain; The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain; The expiration date of the registration; and Information regarding all other activity between you and us regarding your domain registration and related services.
15.5. You understand and agree that Registrar is required to verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change to the Registered Name Holder's contact information. The Domain Name Holder's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).
15.6. If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the MGCSpace as determined in its sole discretion (the “Private WHOIS Contact Information”). Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
15.7. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The MGCSpace may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement. Notwithstanding anything to the contrary, you agree that the MGCSpace may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the MGCSpace to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that the MGCSpace is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, the MGCSpace will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize the MGCSpace to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the MGCSpace. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
15.8. The MGCSpace expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you in order : To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement; To omply with ICANN's Uniform Domain Name Dispute Resolution Policy (available at http://www.icann.org/en/help/dndr/udrp); To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights; In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with the MGCSpace, including, but not limited to, the Terms of Service; To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry; To avoid any financial loss or legal liability (civil or criminal) on the part of the MGCSpace, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees; To prevent inappropriate activity that comes to the MGCSpace's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
15.9. Pursuant to paragraph 220.127.116.11 of ICANN's Registrar Accreditation Agreement (“RAA”) (available at http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#raa), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
15.10. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. the MGCSpace shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
15.11. You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found at http://www.icann.org/en/help/dndr/udrp. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the MGCSpace harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN's Uniform Rapid Suspension (“URS”) (http://newgtlds.icann.org/en/applicants/urs) and to submit to any proceedings commenced pursuant to the URS, if applicable.
15.12. Change of Registrant Of Domains: Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant's name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN's Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en). We are required to deny a change of registrant for any of the following reasons: the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar; the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following: Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en); Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en); Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or a court order. Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request. Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant. Designated Agent. You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN's Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en). Transfer of registration to another registrant. The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the MGCSpace reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by the MGCSpace in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying the MGCSpace the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain. When changing the name of registrant within the MGCSpace, you agree that at the MGCSpace's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at the MGCSpace's discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by the MGCSpace in its sole discretion. Transfer of registration to or from another registrar. When transferring a domain name into the MGCSpace as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the MGCSpace in its sole discretion. At the time of transfer into the MGCSpace, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. the MGCSpace may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar. RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into the MGCSpace. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the MGCSpace for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the MGCSpace to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en). For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
16.1. Jurisdiction, Venue, and Choice of Law. This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the Agra, Uttar Pradesh, India, excluding its conflict of law provisions. The parties hereby submit to Courts of Agra, UP. India in the event litigation permitted under this Agreement is initiated. Exclusive venue for any litigation permitted under this Agreement shall be with the Agra Court, U.P., India.
The parties agree that this choice of venue, jurisdiction, and forum as set out in the following parts of this Agreement is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in jurisdiction other than that specified in this Section. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, speed post, registered post, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
16.2 Complete Agreement: This Agreement (including all other policies incorporated herein) constitutes the entire agreement between the parties with respect to the Services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties.
16.3. Relationship Between the Parties. MGCSpace is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
16.4. Headings: Section and subsection headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
16.5 Arbitration: If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party shall submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the Indian Council of Arbitration. The arbitration shall be conducted in Agra, UP. (India) and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. Except as provided below, the party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator's fees. Each party shall bear its own attorneys' fees (except if the matter is for the collection of a debt owed, the prevailing party shall be awarded its attorneys fees, all arbitration costs and arbitrator fees, in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement, and shall be bound by governing and applicable law. The arbitrator shall be willing to execute an oath of neutrality. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
16.6 Assignment: The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by You.
16.7 Severability: If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
16.8 No Waiver: Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.
16.9 Force Majeure: MGCSpace shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay MGCSpace's performance.
16.10. Export. You understand and acknowledge that the software elements of the Host Materials may be subject to regulation by agencies of the U.S. Government and Indian Government , which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. and Indian laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. and Indian (unless there is no conflict) laws and that You will abide by such laws and regulations.
16.11. Notices Electronic Communications. All notices permitted or required under this Agreement may be sent by e-mail, fax, express mail, mail, or registered mail to the e-mail address, fax number, or address most recently provided by You and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of the parties may communicate with the other by electronic means as described in this Agreement. Each of the parties agrees to the following for all electronic communications: (i) The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (ii) An electronic communication sent by You containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature on it; and (iii) An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.