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Terms & Conditions

I (a) DOMAIN NAME

1. AGREEMENT

In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to XS INFOSOL Inc. (hereinafter referred to as XS Infosol) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. The clause 19 sets out the additional provisions specific to .biz; .asia; .me and .tel TLD domain name registration. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published/ mailed by us.

2. SELECTION OF DOMAIN NAME

We cannot check and are not obligate to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.

3. Responsibilities of Parties

a) You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation.

b) Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the agreement and be a basis for cancellation of the domain registration.

c) If you intends to license use of the domain name to a third party, nonetheless, you are responsible for providing its own 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 domain. The Registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

d) We shall provide notice to each new or renewed Registrant stating:

(i) The purposes for which any Personal Data collected from the applicant/registrant are intended;

(ii) The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);

(iii) Which data are obligatory and which data, if any, are voluntary; and

(iv) How the Registrant or data subject can access and, if necessary, rectify the data held about them.

e) You shall consent to the data processing referred to in Clause (d).

f) You shall represent that notice has been provided equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to the Company by you, and that you have obtained consent equivalent to that referred to in Clause (e) of any such third-party individuals.

g) We agree that we’ll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above.

h) We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

i) You shall represent that, to the best of your knowledge and belief, neither the registration of the domain Name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party.

j) For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.

k) You shall agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.

l) You shall indemnify and hold harmless the Company, and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

4. FEES PAYMENT AND TERM

As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required for the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the legal rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.

On the registration/transfer of a Domain name by XS Infosol, a default (php3) home page will be displayed that could contain the following information:

1. Name of the registrant

2. Email address of the registrant

3. Address of registrant

4. Logo of XS Infosoldomains.com (site from which the domain is registered)

5. Logo of XS Infosol (server on which domain is hosted initially)

Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year but in case of .biz, .info and .asia minimum period 2 yrs.) from the date of the registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. As a security measure all .in domain shall be under transfer lock and auth codes for unlocking the domain not due for renewal within 45 days shall be given to customer on request. In case the date of renewal is less than 45 days auth code for such domains shall be given to customer only after renewal. The payment for re-registration must be received at least 15 days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that XS Infosol cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since XS Infosol cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that XS Infosol may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.

All payments are to be made in favour of "XS INFOSOL Inc." payable at New Delhi and are to be sent at the mailing address as mentioned in clause 20 of this agreement by courier/registered post. No outstation cheques are accepted. At the back of the cheque / Demand draft you are required to mention your Order ID and domain name(s) you have booked against each order ID. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of XS Infosol, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. XS Infosol reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by XS Infosol at its sole discretion). In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to XS Infosol as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

As per the ICANN Policy the Registrar shall send atleast two reminder mails/notice to the Registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on timely basis. However, at the conclusion of the registration period , failure by the Registrant fails to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than two reminder mails for renewal prior to the date when a renewal is due. (Though renewal reminder is automated, We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due). Domain renewal status can be checked by you from the control panel provided to you. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by XS Infosol due to non payment of dues or any other reason attributable to you does not amount to Hacking.

5. MODIFICATION OF AGREEMENT

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices clause of this agreement, Clause 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notice clause of this agreement, Clause 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Domain Name Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

6. MODIFICATION TO YOUR ACCOUNT

In order to change any of your account information with us, you must use your CRN ID (that you were assigned when you opened your account with us) and Password (that you use to login to your panel). Please safeguard your Account Identifier i.e. the CRN ID and Password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your CRN ID or Password. However processing of any transaction relating to your domain, may require certain modification, for which purposes you authorize us to modify you domain details for processing your requested transaction on your behalf. That such modification to your domain details will be restored back within 30 days from the date when the requested transaction has been successfully executed.

7. DOMAIN NAME DISPUTE POLICY

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site, the modified dispute policy is applicable.

8. DOMAIN NAME DISPUTES

You agree that, if the registration or reservation or transfer of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

9. DOMAIN NAME RENEWALS AND DELETION POLICY

If you fail to renew your domain name, the domain names under XS Infosol will be renewed automatically by Net 4 India on your behalf for a period of one (1) Year. After auto renewal of your domain name by Net 4 India you will have a Renewal Grace Period of 38 days during which you may reimburse Net 4 its renewal fee and keep your domain name. That a Domain under Renewal Grace Period shall on expiry of 21st day be put on HOLD (i.e. domain gets disabled and all services like hosting/mailing gets stopped). If you do not reimburse Net 4 India such renewal charges during the renewal grace period your domain with Hold status shall be flagged for deletion on the 38th Day, after which you will have a 30-day redemption period during which you may pay Net 4 India Redemption fee and renewal charges and redeem your domain name from the Registry. The maximum redemption fee is INR 10,000/- and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the Redemption Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.

10. AGENTS

You agree that, if an agent for you (i.e., an Internet Service Provider, web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

11. ANNOUNCEMENTS

We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your search on the Internet.

12. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:

(1) loss or liability resulting from access delays or access interruptions;

(2) loss or liability resulting from data non-delivery or data mis-delivery;

(3) loss or liability resulting from acts of God;

(4) loss or liability resulting from the unauthorized use or misuse of your CRN ID or Password;

(5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or services(s) provided under this Agreement;

(6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s hired by you.

13. INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

14. INACCURATE OR UNRELIABLE DATA

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

15. RIGHT OF REVOCATION

Registrant agrees that registrar may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement. Registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if it is reasonably determined by registrar in its sole discretion, that Registrant or any other person uses or perceived to use the domain name in connection with: a) Any activity that infringes the intellectual property rights or other rights of third parties; b) Any activity that defames or disparages any person; or c) Any illegal activity including but not limited to, pornography and/or nudity of any kind, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature; or d) Any otherwise illegal or fraudulent activity.

16. BREACH

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

17. NO GUARANTEE

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection either to registration, reservation, transfer or use of the domain name. The allotment of Order ID number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name.

18. DISCLAIMER OF WARRANTIES

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail service is done 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. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.

19. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services within such thirty (30) calendar days period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or register you for other Services.

20. (A) SPECIFIC TO .BIZ TLD's

(1) .Biz Registrations: Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

To exchange goods, services, or property of any kind;

In the ordinary course of trade or business; or

To facilitate (i) the exchange of goods, services, information,

or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of

(1) selling, trading or leasing the domain name for compensation, or

(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

(II) .Biz Certification: As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:

The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference please see: www.neulevel.biz/ardp/docs/reg_restrictions.html

The domain name Registrant has the authority to enter into the registration agreement; and the registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

(III) Provision of Registration Data: As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number, if available; (ii) the name of an authorized person for contact purposes, in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary name server and any secondary name server(s) for the domain name; (iv) the corresponding names of those name servers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number, if available, of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.

Inaccurate or Unreliable Data: You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

(IV) Domain Name Dispute Policy: If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood, and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

The Start-up Trademark Opposition Policy ("STOP"), available at: http://www.neulevel.com/countdown/stop.html ; and

The Restrictions Dispute Resolution Criteria and Rules, available at: www.neulevel.com/countdown/rdrp.html

The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

(VI) Reservation of Rights. XS Infosol and the .biz registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of XS Infosol and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. XS Infosol and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

20. (B) SPECIFIC TO .ASIA TLD

The terms and conditions, and any applicable Published Policies of .asia Domain names by the DotAsia Organisation Limited(DotAsia), constitutes the entire agreement between US and YOU for the registration of the .asia Domain Name and supersedes all prior agreements, understandings and representations whether oral or written. This domain name registration agreement ('Registration Agreement') is submitted by you (‘The Registrant’) for registration with the XS INFOSOL Inc ('The registrar') for the purpose of registering a .asia domain name with the registry (DotAsia Organisation Ltd).

I. Recital

a) Registrar: means and includes XS Infosol India Ltd

b) Registrant: means You the applicant

c) Registry/Registry Administrator: means and includes DotAsia Organisation Ltd

d) Charter Eligibility Declaration Contract: Is a Charter Eligibility Declaration (CED) contract that is designated to make the declaration that it meets the charter Eligibility for registering a .asia domain name. Such declaration is made by warrant and representation of the registrant.

(Click here to see Charter Eligibility Policies)

II. Registration

2.1 In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to: a) Various details relating to the Registrant's registration as an eligible entity; b) Various details relating to the Registrant's registered trade or service marks; c) Demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a Notary Public or legal practitioner); and d) Various details relating to the locality of the Registrant and the CED Contact. Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

2.2 The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

2.3 If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

2.4 Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

2.5 Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

2.6 Registrant grants Registrar and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.

III. Registrant Covenants

2.1 In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to:

a) Various details relating to the Registrant's registration as an eligible entity;

b) Various details relating to the Registrant's registered trade or service marks;

c) Demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a Notary Public or legal practitioner); and

d) Various details relating to the locality of the Registrant and the CED Contact. Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

2.2 The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

2.3 If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

2.4 Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

2.5 Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

2.6 Registrant grants Registrar and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.

IV. Acknowledgements, Agreements and Warranty

4.1 Registrant acknowledges and agrees with the following:

(a) That it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless registrar and the Registry Administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by Registrar.

(b) That the .asia domain names will initially be received and registered by the Registry Administrator during various different application phases, full details of which are located on the DotAsia website located at www.dotasia.org/

(c) That registrar does not guarantee that any .asia domain name applied for by registrar on behalf of the Registrant will be successfully registered by the Registry Administrator. The Registrant acknowledges that it will not take any action in respect of its .asia domain name until the successful registration of that .asia domain name is confirmed in writing to the Registrant.

(d) That registrar will submit Registrant's application for a .asia domain in the phase that the Registrant selects on its application form.

(e) That there are certain pre-requisites to applying for a .asia domain (including, but not limited to, certain requirements for entity and trade mark names, types and registration dates, and the requirements for an eligible CED Contact) which are set out in the policies documents on the DotAsia website located at www.dotasia.org

(f) That there are strict timeframes for registration during the different Sunrise and Landrush phases and also strict timeframes for the submission of any necessary or requested supporting documentation (both at time of application and during the pre-registration verification period), and that it is Registrant's responsibility to ensure it is aware of and complies with these strict timeframe requirements.

(g) That it is the responsibility of the registrant to ensure that all the supporting documents pertaining to CED Contract shall reach the registrant along with photocopy of the Order Code receipt within 7days of generation of Order Code. Failing which Registrar will be bound to reject the applicant’s registration.

(h) That during the Sunrise and Landrush phases, certain application fees are payable, which are non-refundable.

(i) That there is only very limited scope and opportunity to amend material provided in an application for a .asia domain or request reconsideration of a rejected/failed application for .asia domain registration, details of which are set out in the policies documents on the DotAsia website located at http://www.dotasia.org/

(j) That registrar is only responsible for submitting the initial domain application to the Registry Administrator and that you (as the applicant/Registrant) are responsible for all other correspondence with the Registry Administrator, including the submission of supporting documents to the Registry Administrator and making any application to the Registry Administrator for reconsideration of a failed application, unless registrar (or one of its related entities) has specifically agreed in writing to provide .asia domain registration services as part of broader corporate domain management services to you.

(k) That due to the fact that verification and registration of applications for domains in a previous phase of Sunrise may not have been finalised at commencement of subsequent phases, it is not possible to know which domains are actually still available at time of application for domain names and registrar is not responsible for ascertaining the availability of a domain.

(l) That at the time of application for a .asia domain, the applicant/Registrant must specify an Operations & Notifications (OPN) Contact to be the Registrant's contact person who the Registry Administrator will send communications regarding documentary evidence requests, auction invitations and reminders etc. regarding the domain application.

(m) That there will be no WHOIS service available for .asia domain names during the Sunrise period.

4.2 Registrant represents and warrants that:

(a) it will comply with all applicable standards, procedures, practices, laws, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the Registry Administrator as updated from time to time on the DotAsia website located at www.asia.org ('Requirements') in respect of its .asia domain names;

(b) Neither the registration or renewal of a domain name, nor the manner in which it is directly or indirectly used, infringes the legal rights of a third party. Breach of this warranty will constitute a material breach;

(c) It meets and will continue to meet for the term of this Agreement the Charter Eligibility Requirements as set out in the Registry Policies of the Registry Administrator as updated from time to time on the DotAsia website located at http://policies.registry.asia/ Registrant warrants that it will comply with all requirements placed upon it by the Charter Eligibility Requirement and to provide appropriate evidence of such compliance as and when required by Registrar or the Registry Administrator;

(d) It complies with and will continue to comply with for the term of this Agreement the requirements, standards, policies, procedures and practices of the ICANN as updated from time to time on the ICANN website located at www.icann.org/general/consensus-policies.htm in respect of its asia domain names.

(e) It is of legal age and capacity to enter into this Agreement; and

(f) It will comply with all representations and warranties referred to in the Requirements.

4.3 Notwithstanding anything in this Registration Agreement to the contrary, the Registry Administrator (DotAsia) is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third party beneficiary rights under this Registration Agreement in agreeing to XS INFOSOL Inc being a registrar of the .asia TLD. Additionally, the third party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.

4.4 Registrant agrees to nominate one natural person or legal entity (the 'Charter Eligibility Declaration Contact' or 'CED Contact') as a contact designated to make a declaration that the Registrant meets the Charter Eligibility Requirement for registering the .asia domain name requested (i.e. is a legal entity within the DotAsia Community). Registrant acknowledges that XS INFOSOL Inc will become the Charter Eligibility Declaration (CED) Contact (the “CED Contact”) for the Registrant for the limited purpose mentioned in .asia CED Contact Service Terms and Conditions. Registrant acknowledges that there are risks associated with engaging a third party to be its CED Contact, in the same way there are risks associated with providing a third party with any

4.5 The Registrant accepts, represents and warrants that it has made known to the CED contact, and the CED Contact has agreed, that that the Registrant and the CED Contact will be jointly defined as the 'Registered Name Holder' and will be jointly responsible for the Registrant's .asia domain name in relation to domain disputes and other related disputes. The CED Contact is specifically expected to respond and acknowledge dispute proceedings and refer the dispute to the Registrant. The Registrant acknowledges that, regardless of the nomination of a CED Contact and any arrangements or understanding with that CED Contact, the Registrant shall nevertheless remain the operating contact for all operations and liabilities regarding the use of the domain, including but not limited to domain transfer and updates, or in other words be solely regarded as the Registered Domain Holder for general purposes.

4.6 The Registrant acknowledges, and warrants that it has made known to the CED contact, and the CED Contact has agreed, that information submitted for the CED Contact will be publicly accessible on WHOIS databases (with the exception of identification numbers [i.e. for passports] etc).

V. Dispute Policy

a) Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ('UDRP') and ICANN's Charter Eligibility Dispute Resolution Policy ('CEDRP').

b) Registrant agrees that its .asia domain name registration is subject to the terms of the Registry Administrator's current domain name dispute resolution rules and policies as updated from time to time on the DotAsia website located at http://www.dotasia.org/ . Registrant acknowledges that it has read and understood and agrees to be bound by the terms and conditions of the dispute resolution rules of the Registry Administrator (as amended from time to time).

c) Registrant agrees that Registry Administrator may modify its .asia domain name dispute resolution rules as described in paragraph (a) by posting any revisions to the policy on the DotAsia website located athttp://www.dotasia.org/. Registrant agrees that by maintaining the reservation or registration of its .asia domain name after modifications to the dispute resolution rules become effective, it has agreed to the modifications.

d) Registrant agrees that if use of its .asia domain name registration is challenged by a third party, it will be subject to the provisions of the .asia domain name dispute resolution rules as described in paragraph (a) (as updated from time to time), including any .asia registry policies incorporated by reference (if any). Registrant agrees that if the Registry Administrator is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of a .asia domain name registration, Registrant agrees not to make any changes to its domain name record without the approval of the Registry Administrator. Registry Administrator may not allow Registrant to make changes to such domain name record until:

i. Directed to do so by the judicial or administrative body, or

ii. It receives notification by Registrant and the other party contesting the registration that the dispute has been settled.

e) Registrant agrees that if it is subject to litigation regarding registration and use of its .asia domain name registration, Registry Administrator may deposit control of the domain name record into the registry of the judicial body by supplying a party with a certificate handing control of the domain name to the relevant judicial body from the Registry Administrator.

VI. Auctions

Registrant acknowledges that:

(a) Where there are two or more eligible (verified) applicants for the same .asia domain name during the Sunrise Phase 2, Sunrise Phase 3 and Landrush registration phases, all eligible applicants will be invited to bid for the Domain Name Applied For in an online auction, with the domain name will be awarded to the highest bidder. The applicant agrees to be bound by Pools terms and conditions as fully set out at http://www.dotasia.pool.com/terms.aspx

(b) Details of the auction process and requirements are set out in the .ASIA Sunrise Policies document on the DotAsia website located at http://www.dotasia.org/. Registrant warrants that it has read, understands and agrees to all auction processes, rules and requirements for the .asia auctions.

(c) Registrant will be solely responsible for all matters relating to any auction process it is invited to or participates in, and that registrar will not be liable and will not take part in any way (other than as required by its role as Registrar) in any such auction process, unless registrar (or one of its related entities) and Registrant have specifically agreed in writing that registrar (or one of its related entities) will provide .asia Sunrise auction services to Registrant as part of broader corporate domain management services provided to Registrant.

VII. Right of Refusal

Registrant acknowledges that the Registry Administrator policy may provide that registration of certain domain names is prohibited. Registrar, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate registrar to accept this Registration Agreement. Registrant agrees that registrar is not liable for loss or damage that may result from registrar's refusal to accept this Registration Agreement.

VIII. Change in Registrar

Registrant agrees that it can change its registrar for an existing domain name only in accordance with Registry Administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with XS INFOSOL Inc.

IX. Suspension, Cancellation, Transfer

Registrant agrees that registration of its domain name shall be subject to denial, suspension, cancellation, hold or transfer by any Registry Administrator procedure:

a) For the resolution of disputes concerning the domain name; or

b) In case of arbitration or court proceedings being commenced with respect to the rights to the domain name; or

c) To correct mistakes by registrar or the Registry Administrator or the Registry Services Provider in registering the domain name

X. Reservation by Registry Administrator

Registrant agrees that Registrar and Registry Administrator reserves the right to deny, cancel, hold or transfer any .asia domain name registration which either party deems necessary in its discretion: i. To protect the integrity and stability of the Registry;

ii. To comply with any applicable laws, government rules or requirements, request of law enforcement, or in compliance with any dispute resolution process;

iii. To avoid any liability, civil or criminal, on the part of Registrar or Registry Administrator, their directors, officers, employees and agents;

iv. Where there is a breach of this Agreement;

v. to correct mistakes made by Registrar or the Registry Administrator in connection with a .asia domain name registration. Registrar and Registry Administrator also reserve the right to freeze a domain name during resolution of a dispute.

20. (C) SPECIFIC TO .ME ccTLD's

You represent and warrant that you meet the eligibility requirements of .me ccTLD. You further agree to be bound by any registry rules, policies and agreements for .me ccTLD. available at www.domain.me/index.php?page=6 and the rules available and incorporated therein.

By registering the .me ccTLD with us you further agree to be bound by any registry rules, policies and agreements for .me ccTLD which are incorporated and made part of this agreement herein.

20. (D) SPECIFIC TO .TEL gTLD's

You represent and warrant that you meet the eligibility requirements of .tel gTLD. By applying to register a .tel domain name through XS Infosol, you unconditionally accept and agree to be bound by all policies and terms and conditions for .tel Domain Names which includes the following documents, as issued and amended by the Registry from time to time: Sunrise Policy dated June 2008 , Sunrise Guide dated June 2008 , the Acceptable Use Policy dated June 2008 and the Acceptable Use Policy dated June 2008 , and any other related interpretive guidelines, which are available on the Registry website at www.telnic.com.

By registering the .tel gTLD with us, you further agree to be bound by any pertinent rules or policies related to .tel gTLD that are featured on our website www.xsinfosol.com or which may be amended/updated/published/ and or mailed by us to you from time to time; and have been also incorporated herein and have been made part of this agreement.

By registering the .tel gTLD with us, you further agree to be bound by any pertinent rules or policies related to .tel gTLD that are featured on our website www.xsinfosol.com or which may be amended/updated/published/ and or mailed by us to you from time to time; and have been also incorporated herein and have been made part of this agreement.

20. (E) SPECIFIC TO DOMAIN ENDING IN .UK

By registering a domain name ending in .uk (with some very limited exceptions) through XS Infosol India Limited, you enter into a contract of registration with Nominet UK (hereinafter referred to registry) as on the following conditions, which includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name ending of .uk. For an explanation of the meaning of the endings of .uk names, see the rules on registry website at www.nominet.org.uk

This contract includes the DRS policy, the DRS procedure and the rules mentioned on registry website atwww.nominet.org.uk. Other policies we refer to do not form part of this contract and may change at any time.

Definitions

The following words marked in bold will have specific meanings in this contract.

‘Agent'– means registrar i.e, Someone who may act on customer’s behalf to deal with registry, which will be shown in the WHOIS as registrar.

‘Cancel’ – Cancelling this contract and your domain name are the same thing. The contract ends. The domain name will be deleted, will no longer work as part of a website or e-mail, and will be released to be registered again under our rules.

‘Consumer' – You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.

‘Correct’ – This means that the information must be good enough to allow us to contact you quickly at any reasonable time without having to get information from anywhere else, must not be deceptive, and (if possible for that type of information) must clearly identify you. For your name this also means that the information must be detailed enough that we can tell exactly who you are (in legal terms, exactly which legal entity we have this contract with).

‘Domain name’ – An internet domain name ending in .uk and under one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated by us.

‘DRS policy’, ‘DRS procedure’ – The policy and procedure of domains names ending in .uk and domain dispute resolution service.

‘EEA’ – The European Economic Area, which includes most European countries. Countries outside the EEA may not have strict laws to protect personal information.

‘Name Servers’ – Computers that provide specific translation information in the domain name system.

‘Notify’ – Serving notice to you, your agent, authorised representative, contact (see condition 5.5) or (see condition 36).

‘Personal Data’ – Any information about an identifiable living person (for example, your name, address or phone number).

‘PRSS’ – A service provided under strict contract to some people based in the EEA which allows them to search WHOIS data differently, but not to use it for marketing purposes.

‘Register’ – Registry record of domain names and details about you, your agent (if you have one) and other information we need.

‘Registry’ – The single organisation which holds all records for domain names with the same ending (we run ‘.uk’) and operates the name servers for that domain.

‘Rules’ – Registry rules which explain which domain names can be registered and which cannot.

‘Special Status’ – Various special states your domain name may be in, such as suspended or ‘detagged’. See registry website www.nominet.org.uk for details. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself will not work, and may mean that other actions with the domain name are blocked.

‘WHOIS’ – A system which provides public information about domain names. See our website for details and how to use the WHOIS

Also in this contract, the following words have special meanings but will not be put in bold.

‘conditions’ – includes all parts of the contract, not just those that lawyers call conditions.

‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859). See condition 35.

‘you’, ‘your’ - The person who is entering into this contract with us and who the domain name will be registered for.

What we will do

We are the registry for the .uk domain and we will carry out the general duties that we believe (after wide consultation) a modern, neutral and not-for-profit .uk registry should. This includes (among other things):

3.1 processing your application to register or renew a domain name in the light of our rules, and your right (see condition 20) to renew;

3.2 maintaining overall ownership, control and responsibility for the register;

3.3 if we are listed as your agent or if it would be inappropriate for you to ask your agent to act (see condition 5) making changes to the register at your request or providing information about the .uk domain name system;

3.4 if the domain name is not in a special status, entering details about the domain name into our name servers; and

3.5 publishing procedures for you to renew the domain name and for recording a transfer, surrender or change of agent for the domain name.

What you must do

You have various responsibilities set out generally in this contract. You must also:

4.1 give and keep us notified of your correct name, postal address and any phone, fax or e-mail information and those of your contacts (if you appoint any, see condition 5.2). This duty includes responding quickly and correctly to any request from us to confirm or correct the information on the register;

4.2 notify us at once about any court proceedings which involve the domain name; and

4.3 notify us of the details of name servers for the domain name which you are allowed to use and which respond promptly and correctly about the domain name at all reasonable times.

Agents, representatives and security

For the security of your domain name we have the following procedures to try to make sure that our instructions come from you or someone allowed to act on your behalf.

5.1 We do not have to take any action, or make any change to the register, until we are satisfied that we have received a valid request from the right person.

5.2 You will help us with our security checks, provide any identification or documentary evidence we reasonably ask for, and allow us to keep copies of those documents for our files.

5.3 If you have an identifier (for example, a password, a token, personal information or a code) to use with us or our systems, you must keep it secret and safe because we will be allowed to assume that any action done or asked for using that identifier or a product of it was done or asked for by you or by someone authorised to act for you. We will be entitled to enforce procedures for dealing with lost, cancelled or insecure identifiers.

5.4 Your agent acts on your behalf in registering and maintaining the registration of the domain name so that, unless the matter relates to something covered by condition 5.6 below, any communication to or from your agent is taken as being to or from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not. Be aware that your agent may be entitled to discounts on our fees so it may be cheaper for you to go through them.

5.5 We may also specify other types of authorised representative or contact whose instructions we will accept in certain cases, what types of instructions they can give us, and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.

5.6 We will publish on our website from time to time certain activities which your agent is not allowed to do on your behalf or where we want to deal with you directly (or both).

Fees and payment

We are a not-for-profit organisation so our fees (see our website) reflect the cost of the work we do. To make sure that every person who registers a domain name pays their fair share of the costs of running the central registry, we:

6.1 may make a charge for any of the services we provide under this contract, as long as (where only we can provide the service) we believe the fee is set at a not-for-profit cost-recovery level only;

6.2 do not have to start any process, including any change to the register, until we (not just your agent) have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;

6.3 may cancel the domain name without further notice if any debt relating to the domain name remains unpaid after the deadline we have set; and

6.4 unless condition 24 or 34 applies, or we have made a significant mistake, will not provide credit notes or refunds.

Your promises and indemnity

By entering into this contract you promise that:

7.1 you (or your agent) have the permission of any person whose personal data is to be held on the register in line with condition 11;

7.2 any identity and contact information you (either yourself or through your agent) send us must be correct;

7.3 you will send us the information needed under condition 7.2 as soon as possible, through your agent if possible, and you will keep them up to date;

7.4 by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;

7.5 you are entitled to register the domain name; and

7.6 you have not registered the domain name in a way that fails to meet with any legal duty you have.

Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 7.

Our right to rely on the promises in condition 7 and indemnity in condition 8 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.

Nature of domain names and the register

10 A domain name is not an item of property and has no ‘owner’. It is an entry on our register database reflected by our nameservers which we provide as part of this contract. As a result:

10.1 we will not be bound by, or record on the register, any mortgage-related obligations;

10.2 we own and keep all copyright and database rights in the register; and

10.3 you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and you confirm that your correct name is recorded in the register for the domain name.

Personal data

We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:

11.1 include it on the register;

11.2 include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;

11.3 if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;

11.4 give your personal data to your current or proposed agent (or both); and

11.5 use it as set out in the DRS policy and DRS procedure.

You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent. Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition 11.2) without notifying you.

13 By registering a domain name you agree to us using your personal data as explained in conditions 11 and 12.

The dispute resolution service

You agree to be bound by:

14.1 the DRS policy and DRS procedure; and

14.2 if there is a dispute, the version of the DRS policy and DRS procedure (available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.

We (including in this case our directors, officers, staff of all types and any expert) will not:

15.1 be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith; and

15.2 be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction.

Cancelling or altering the domain name

We may cancel or put the domain name into a special status by notifying you if:

16.1 we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;

16.2 you have broken any part of condition 7 or 8;

16.3 the domain name is being used in a way that is likely to endanger any part of the domain name system or our systems and internet connections; or

16.4 you have broken any of the conditions (including the rules, DRS policy and DRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or 17) you do not put it right within 30 days of us notifying you.

We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:

17.1 on your instructions (including the absence of instructions to renew - see condition 20), or by someone apparently acting for you (see condition 5);

17.2 if we reasonably believe that the contact details on the register for you are so inaccurate or false that we would not be able to notify you of the change;

17.3 if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;

17.4 if you withdraw your permission to having your personal data displayed on the WHOIS or PRSS (not including cases where a consumer is using the opt-out);

17.5 to carry out the decision an expert has made under our dispute resolution service; or

17.6 if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.

If you are an individual, this contract will end if you die and the person legally appointed to deal with your assets after you die does not transfer the domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).

If you are not an individual, this contract will end if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.

Duration, renewal and transfer

Unless ended earlier under this contract, we will enter your domain name on the register for two years. If we receive your renewal request and fee in the standard format by the deadline we set, and in line with the conditions of this contract generally, you will have the right to enter into a new contract with us on the same standard conditions that we are then offering to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.

We may transfer our rights and responsibilities under this contract to anyone else.

If you want to transfer your domain name to someone else, you must, as well as any general requirements in this contract:

22.1 use our current published transfer process; and

22.2 make sure that the person taking over the domain name accepts what remains of this contract in full.

If you do not transfer your domain name (as needed by condition 22) there will be no valid transfer of this contract and domain name, and no document or agreement attempting or claiming to transfer the domain name or this contract (or both) will have any effect.

If you are a consumer, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed within seven working days of the start of the services (which include security-check work). If this happens, we will cancel this domain name and provide you or your agent (depending on who paid us) a full refund within 30 days. If we pay your agent, you may still have to get a refund from them.

Exclusions and limitations of liability

Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.

By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.

We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of ‘tort’) including negligence or otherwise, for:

27.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect);

27.2 loss of business or contracts;

27.3 loss of expected savings or goodwill; or

27.4 any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the contract, including but not limited to:

27.4.1 any mistake or missing information in the register; and

27.4.2 loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.

The law normally implies terms into contracts, but you and we agree that, as far as the law allows, they do not apply to this contract.

Our total liability to you, whether under these conditions or otherwise (including liability for negligence), will be no more than £5,000.

If you are a consumer, conditions 27, 28 and 29 do not apply to you. Your statutory rights are not affected - for information contact your local authority Trading Standards . Department or your citizens advice bureau.

Conditions 11.1, 18, 19 and 25 to 39 will continue to apply after this contract has ended, even if that happens because we or you end this contract wrongfully.

General

If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.

This contract does not give you any legal rights against other people who have registered .uk domain names or give other people rights against us for any reason.

The internet is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this contract (including the DRS policy, DRS procedure and rules) at any time during the term of the contract. We will only do so when we have good reason. Unless we are acting because of a legal requirement or a court order, the change will only be made after we have consulted publicly. We will publish a notice in advance (ideally, 30 days in advance) on our website and provide a link from the main page. The changes will apply from the date shown in the notice. You should visit our website regularly to find out about any changes. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days’ time. In this case, we will give you a proportionate refund of the registration for the remaining period.

Our address is Nominet UK, Minerva House, Oxford Science Park, Edmund Halley Road, Oxford, OX4 4DQ, England (phone +44(0)1865 332211, fax +44(0)1865 332299, e-mail: nominet@nominet.org.uk). Our offices are open from 9am to 5.30pm (UK local time) Monday to Friday, except for public holidays.

Except as set out in condition 5.4, or in the DRS policy and DRS procedure, any notice to be given under the contract will:

36.1 be considered to have been served if hand-delivered, or sent by prepaid post, fax or e-mail, to you, your agent or representative (see condition 5.5) at any postal or e-mail address or fax number on the appropriate register entry (if to us, at any of the addresses above); and

36.2 apply from the date it was delivered, or if not delivered the date it was sent or posted.

This contract is a legally binding document. You should read it carefully and make sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.

We deal with a large number of domain names and we rely on you or other people to tell us about any changes to your personal information or status. This means that sometimes we continue to list a domain name or accept instructions even after this contract has ended, or should have been ended. Nothing we do, or do not do, during that period stops the contract from ending, stops us from ending it, or acts to create a new contract.

39 This contract is made under the law of England and any court proceedings must be in the English courts. If you are a consumer in Scotland, Wales or Northern Ireland, we will accept your local law and courts. Enforcement of a court order may be done in any law or court system that is relevant.

20. (F) SPECIFIC TO DOMAIN ENDING IN .XXX

By registering the domain name ending in .xxx through Net 4 India Limited (“Registrar”), you enter into a contract of registration with ICM Registry, LLC (hereinafter referred to registry) as on the following conditions, which include conditions limiting our liability and relating to our use of your personal information. In the event of any conflict between this Agreement and any of the terms of your agreement with Registrar (the “Registrar-Registrant Agreement”), this Agreement shall prevail.

I. GENERAL TERMS AND CONDITIONS

The Registry supports the protection of intellectual property. By applying to register or reserve a name in the .XXX TLD, you agree that:

a. your use of the name will not infringe upon the intellectual property rights or other rights of any third party;

b. the Registry cannot and does not check to see whether the name (or any use you may make of the name) infringes upon the intellectual property rights or other rights of others nor can it or does it check to see whether another name in the .XXX TLD (or the use of another domain name by another Applicant or a third party in any context) infringes your intellectual property rights or other rights;

c. the Registry makes no guarantee to you against the possibility of an objection to, or challenge of, your Registration or use of the name or corresponding website by third parties; the selection and/or registration of a similar name in the .XXX TLD by another Applicant or Registrant in a manner that might compete with or cause confusion with respect to your Registration and/or use of the name or corresponding website;

d. it is your responsibility to investigate your intellectual property rights or other rights and the intellectual property rights or other rights of others with respect to the name in the .XXX TLD and the corresponding website; and e. you are exclusively liable for any claims of infringement arising out of or relating to your Registration or use of the name and/or the creation, launch or operation of the corresponding website.

You acknowledge and agree to abide by all Registry Policies set forth on the Registry Website www.icmregistry.xxx. You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.

You agree to comply with applicable ICANN Requirements as set forth on the Registry Website.

You represent and warrant that you have provided current, complete, and accurate information in connection with your Registration Request or Reservation Request, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting Registration or Reservation. Your obligation to provide current, accurate, and complete information is a material element of this Agreement, and the Registry reserves the right to immediately deny, cancel, terminate, suspend, lock, or transfer any Registration or Reservation if it determines, in its sole discretion, that the information is materially inaccurate.

You consent to the collection, use, processing, and/or disclosure of your personal information in the United States and in accordance with the Registry Privacy Policy posted on the Registry Website, and incorporated by reference here. If you are visiting the Registry Website from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.

You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), ICM’s Charter Eligibility Dispute Resolution Policy (“CEDRP”), and ICM’s Rapid Evaluation Service (“RES”), each as described on the Registry Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers and/or IFFOR from any and all direct or indirect liability associated with such dispute resolution processes.

You acknowledge and agree that the Registry reserves the right to disqualify you or your agents from making or maintaining any Registrations or Reservations in the .XXX TLD if you are found to have repeatedly engaged in abusive registrations, in its sole discretion.

You acknowledge and agree that the Registry reserves the right to immediately deny, cancel, terminate, suspend, lock, or transfer any Reservation Request or Registration Request and any resulting Reservations or Registrations that it deems necessary, in its discretion, in furtherance of the following:

a. to enforce Registry Policies and ICANN Requirements, as amended from time to time;

b. to protect the integrity and stability of the Registry, its operations, and the .XXX TLD;

c. to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;

d. to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;

e. to correct mistakes made by the Registry or any Registrar in connection with a Registration or Reservation; or

f. as otherwise provided herein

You agree to indemnify to the maximum extent permitted by law, defend and hold harmless the Registry, its affiliates and service providers, and the International Foundation for Online Responsibility (“IFFOR”), and each of their respective directors, owners, officers, employees, contractors, and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your Registration or Reservation of, and/or your Registration Request or Registration Request for, any name in the .XXX TLD. You agree that the indemnifications stated herein survive termination of the Registrar-Registrant Agreement and this Agreement.

This Agreement, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Florida for the purpose of litigating any such claim or action.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake in this Agreement. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your Registration or Reservation.

You acknowledge and agree that names in the .XXX TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, and IFFOR make no express warranties or guarantees about such names.

14. TO THE GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND IFFOR DISCLAIM IMPLIED WARRANTIES THAT THE .XXX TLD AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR DO NOT GUARANTEE THAT ANY NAME IN THE .XXX TLD, IFFOR SERVICES, OR REGISTRY OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE .XXX TLD, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD PARTIES WILL BE ABLE TO ACCESS OR USE ANY NAME IN THE .XXX TLD (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL CREATE A WARRANTY REGARDING OPERATIONS OF THE REGISTRY OR ANY NAME IN THE .XXX TLD.

THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON A NAME IN THE .XXX TLD. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERS AND/OR IFFOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY’S LIABILITY, AND THE LIABILITY OF THE REGISTRY’S AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL BE LIMITED TO THE MAXIUMUM EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE REGISTRY’S, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF THE REGISTRAR-REGISTRANT AGREEMENT AND THIS AGREEMENT.

You may have additional consumer rights under your local laws that this Agreement cannot change.

The Registry reserves the right to modify, change, or discontinue any aspect of its services, agreements, this Agreement, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers, and/or IFFOR may provide any and all required notices, agreements, modifications and changes to this Agreement, and other information concerning the .XXX TLD electronically, by posting such items on the Registry Website. Your continued use of the Registry Website or your Registration and/or Reservation of any name in the .XXX TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to this Agreement. In the event of any conflict between this Agreement and the notices, agreements, modifications or changes to this Agreement as posted from time to time on the Registry Website, the then-current terms of this Agreement posted on the Registry Website shall prevail.

You represent and warrant that your use of the Registry and/or any name in the .XXX TLD will not be for any illegal purposes, including without limitation:

a. any purposes that promote or encourage the promotion of child pornography or the exploitation of minors in any way;

b. the infringement of the intellectual property rights of any other person or entity;

c. the impersonation of any person or entity, or the submission of information on behalf of any other person or entity, without their express prior written consent;

d. the violation of privacy or publicity rights of any other person or entity;

e. the promotion or engagement in any spam or other unsolicited bulk email, the promotion or engagement in any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or computer or network hacking or cracking; or

f. the interference with the operation of the Registry Website or services offered by the Registry and/or IFFOR.

Names in the .XXX TLD are intended for and available to Applicants and Registrants who are at least eighteen (18) years of age. By submitting a Registration Request, creating a Registration, or maintaining a Registration you represent and warrant that you are at least eighteen (18) years of age.

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”, Applicant, or Registrant shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Registry 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. The Registry shall not be liable for any loss or damage resulting from the Registry’s reliance on any instruction, notice, document, or communication reasonably believed by the Registry 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, the Registry reserves the right (but undertakes no duty) to require additional authentication from you.

Registry Website may contain links to third party websites that are not owned or controlled by the Registry. The Registry assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third party websites, including without limitation its service providers or dispute resolution providers.

No failure on the part of the Registry to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of the Registry in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. The Registry shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed by the Registry; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

If any provision of this Agreement or the application thereof to any person, entity, or circumstances is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remainder hereof, and the application of such provision to such person, entity, or circumstances in any other jurisdiction, shall not be affected thereby, and to this end the provisions of this Agreement shall be severable.

The Registry shall not be liable to you for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government or other competent authority, compliance with any statutory obligation or executive order, fire, lightning, hurricane, explosion, flood, subsidence, weather of exceptional severity, and acts or omissions of persons of which the Registry is not responsible.

This Agreement (including its schedules, the privacy policy, the auction rules, the launch plan and related policies, as well as the domain name dispute resolution policies which are incorporated herein by this reference and form a part of it) constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, between the parties with respect to the subject matter expressly set forth herein.

In the event of termination of this Agreement, the following terms shall survive: Section 1.6, 1.9-1.15, 1.20, 1.23, and 1.25.

II. ADDITIONAL TERMS FOR ALL SUNRISE APPLICANTS AND ALL LANDRUSH APPLICANTS

1. At the close of the Sunrise period, if more than one Sunrise application of any kind (AT, AD, or B) is made for a domain name, all Sunrise Applicants for that name will be notified of the claims made by the other Sunrise Applicants for that name and that name will proceed to auction, in accordance with the Auction Rules. You agree to be bound by the Auction Rules. In furtherance of this provision, by submitting a Sunrise application you agree that the Registry and/or its Validation Agent is authorized to share information relating to your Sunrise application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding. You acknowledge and agree that you may not use proxy services during the Sunrise period.

2. At the close of the Landrush period, if more than one Landrush application is made for a domain name, all Landrush applicants will be notified that the domain name will proceed to auction, in accordance with Auction Rules. You agree to be bound by the Auction Rules. You acknowledge and agree that you may not use proxy services during the Landrush period.

III. ADDITIONAL TERMS FOR SUNRISE B (NON-COMMUNITY TRADEMARK) APPLICANTS

If you have submitted a Reservation Request under the Registry’s Sunrise B procedure, you acknowledge and agree that if your application is successful, your Reservation will not result in a Registration, does not convey any additional rights, including without limitation any additional intellectual property rights, and queries will resolve to a standard page that indicates that the name is reserved. You further acknowledge and agree that you may not in the future elect to convert this Reservation to a resolving Registration.

2. You acknowledge and agree that the Registry, its affiliates and service providers, and IFFOR shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise processes, including, without limitation: (a) your ability or inability to reserve a name in the .XXX TLD through this process, and (b) any dispute between any parties arising in connection with this process.

20. (G) Specific to .PRO domain

.pro registration

.pro registration must be used or intended to be used primarily for bonafide professional activities. Bonafide professional activity means an activity, being carried out in good faith, and acknowledged as a profession by virtue of any law for the time being in force.

You hereby agree that while obtaining and during the term of domain name registration, you must meet the .pro registration requirements set forth by the Registry for the registration of the domain within .pro TLD.

Representation and Warranties

You hereby represent and warrant that:

1) you have the evidence of qualification for registration of the domain in the .pro TLD and the requisite verification documents in respect thereof, which XS Infosol may, at any point of time; verify.

2) the data provided in the domain name registration application is true, correct, up to date, and complete; You will, at all times, during the term of its registration keep the information provided above up to date;

3) any information provided by you does not infringe any intellectual property rights of any other person.

Liability for Inaccurate Data

You hereby acknowledge that only you shall be responsible for making any misrepresentation, whether done knowingly or unknowingly. XS Infosol, in no event, shall be responsible for the acts done by you or the data/information provided by you or for any damages, of whatsoever nature, arising, whether knowingly or unknowingly, out of such information/data. You shall be responsible for verifying the correctness of the data that have been provided by you in consonance with the requirements of the domain .pro TLD. You shall also be solely responsible for any information/data provided by you in contravention/contradiction of the requirement of the domain .pro TLD.

Refund

No fees shall be refunded for the rejection of any application, if not found in order with the requirements of .pro TLD.

Indemnification

You shall indemnify, defend and hold harmless XS Infosol, its subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the domain name registration with .pro TLD. This indemnification obligation shall survive the termination or expiration of the this agreement.

You acknowledge, having read and understood, and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement

1) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/policy.htm

2) (For registration agreements relating to Sunrise Registrations only:)The Sunrise Period Rules and Sunrise Dispute Resolution Policy, available at http://www.registrypro.pro/sunrise.htm and http://www.icann.org/dndr/prosdrp/policy.htm;

3) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm

4) The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm

20. (I) SPECIFIC TO .HK DOMAIN

.hk Domain

For registering a domain name ending.hk, the Registrant agrees to enter into a contract with Hong Kong Internet Registration Corporation Limited & Hong Kong Domain Name Registration Company Limited on the Terms & Conditions as set out below:

Domain Registration Policies, Procedures & Guidelines

https://www.hkirc.hk/content.jsp?id=6

Domain Name Dispute Resolution Policy

https://www.hkirc.hk/content.jsp?id=33#!/35

Mandatory Provisions Registration Agreement

Download Agreement

21. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

22. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

23. HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

24. NOTICE

You agree that, unless other instructions are posted on the XS Infosol Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to:

Xs Infosol Inc.

C-34, Sector-2,
Noida - 201307 (U.P.)

Email- info@xsinfosol.com

25. NON-WAIVER

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

26. ENTIRETY

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

27. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.

28. INFANCY

You attest that you are of legal age to enter into this Agreement.

29. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Registrant Rights and Responsibilities

I (b) DOMAIN NAME DISPUTE POLICY

The policy is between Net 4 India Limited and its customer (the domain-name holder or registrant). Thus the policy uses "us”, “we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the domain name holder.

Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

1. PURPOSE

This Uniform Domain Name Dispute Resolution Policy (the "Policy"), which has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm , and the selected administrative-dispute-resolution service provider's supplemental rules.

2. YOUR REPRESENTATION

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that

(a) the statements that you made in your Registration Agreement are complete and accurate;

(b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;

(c) you are not registering the domain name for an unlawful purpose; and

(d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. CANCELLATION, TRANSFERS AND CHANGES

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, on receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. on receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. MANDATORY ADMINISTRATIVE PROCEEDING

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm .

a. Applicable Disputes: You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements is present.

b. Evidence of Registration and Use in Bad Faith: For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint: When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider: The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel: The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation: In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes, being consolidated, are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees: All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings: We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies: The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication: The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings: The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b) (xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b) (xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. ALL OTHER DISPUTES AND LITIGATION

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. OUR INVOLVEMENT IN DISPUTES

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. MAINTAINING THE STATUS QUO

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. TRANSFERS DURING A DISPUTE

a. Transfers of a Domain Name to a New Holder: You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars: You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. POLICY MODIFICATION

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to refund of fees paid to us. The revised Policy will apply to you until you cancel your domain name registration.

II WEBSITE HOSTING

1. AGREEMENT

In this service Agreement ("Agreement") “you” and “your” refer to each customer, “we”, “us” and “our” refer to XS INFOSOL Inc. (hereinafter referred to as "XS Infosol") and services refer to the web hosting service provided by us. This Agreement explains our obligation to you and explains your obligation to us for web hosting service. By using the services under this Agreement, you acknowledge that you have read and that you agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published / mailed by us.

2. SERVICES

''XS Infosol" has agreed to provide Web Hosting services to the ''Client'' on receipt of fee as applicable on the date of applying for the service, renewal, etc.

3. FEES & PAYMENT

As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to:

(1) provide current, complete and accurate information about you, as required by the registration process; and

(2) maintain and update this information, as needed, to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Web Hosting Agreement ("Agreement"), represents that the statements in its application are true and so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Web hosting is not done for any unlawful purpose.

All payments are to be made through Cheque/ Bank Draft in favour of "XS INFOSOL Inc." payable at New Delhi and are to be sent at the mailing address as mentioned in this Agreement by courier/registered post. The payments are required to be paid in advance otherwise "XS Infosol" would not proceed with providing of its Services. No outstation cheques are accepted. In case payment is made by Credit Card, then the registrant is required to send at the sole discretion of XS Infosol, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. XS Infosol reserves the right to stop the services, in case the confirmation letter, as required, is not received back within 10 days of allotment of Order ID Number.

Your requested space for web hosting will not be booked on our server unless we receive actual payment of the registration or renewal or reasonable assurance of payment of the registration or renewal from some other entity (such reasonable assurance as determined by "XS Infosol" at its sole discretion).

In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that "XS Infosol" can stop providing the services relating to Web hosting, unless it receives the due payment along with the administrative charges. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

We will try to notify thirty (30) days prior to when a renewal fee is due. (We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment). Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by "XS Infosol" due to non payment of dues or any other reason attributable to you do not amount to Hacking under Section 66 of the Information Technology Act, 2000.

4. TERM AND TERMINATION

a) The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the service.

b) The ‘‘Client’’ can terminate the service/s provided/to be provided by ‘‘XS Infosol’’ by giving a prior 30 days notice.

c) In case of termination of contract initiated by the ‘‘Client’’, the ‘‘Client’’ is required to settle the full payment for the engagement period fees and other incidental expenses incurred by us.

d) ‘‘XS Infosol’’ can terminate the services provided/to be provided to the ‘‘Client’’ if ‘‘Client’’ becomes insolvent, delinquent, unable to pay its debt violates any term/s and condition/s of this Agreement. XS Infosol also reserves the right to terminate the services if it is determined by XS Infosol, in its sole discretion, that the client is pursuing or is perceived to pursue any illegal activity and/or if at any time your site has or perceived to have pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.

5. CLIENT COVENANTS

We cannot check to see whether the web site hosted by you on our server infringes legal rights of others. We urge you to investigate and ensure that web site hosted by you do not infringe the legal right of others. During the period that '"XS Infosol"' provides Web Hosting service, ''Client'' shall not distribute on the website any content that:

(a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy;

(b) violates any law, statute, ordinance or regulation;

(c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

(d) is obscene, pornographic or indecent; or

(e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information;

(f) under no circumstances unsolicited message/s of communication in any form (SPAM) shall be sent by the client to any third party. Neither shall the client send any communication to any of its client which is not desired by him. If we receive any complaint from any third party that they have received unsolicited communication, then we shall terminate the services immediately, without giving any notice. If the service is terminated due to SPAMMING, then we shall not be liable for any damages neither shall be refund any amount received towards service fee.

"XS Infosol" shall terminate the services immediately without assigning any reason if the client does not follow the client covenants as stated above.

6. INDEMNITY

'Client' shall indemnify, defend and hold '"XS Infosol"' harmless against any third party claim, action, suit or proceeding alleging any breach of the 'Client Covenants' as stated in clause 5 or arising from errors or inaccuracies in the content. 'Client' shall indemnify '"XS Infosol"', its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by "XS Infosol" as a result of a judgement entered against "XS Infosol" in any such claim, action, suit or proceeding. "XS Infosol" can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.

7. CONFIDENTIAL INFORMATION

Information considered proprietary or confidential by either "XS Infosol" or ''Client'' which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party ("Confidential Information") shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If either party is required to disclose any proprietary information of the other party, it shall provide notice thereof to the other party in a timely fashion so that the other party may avail itself of any procedures or remedies to protect or avoid such disclosure.

8. LIMITATION OF LIABILITY

a) Notwithstanding anything contained herein to the contrary, "XS Infosol" shall not be liable to the ''Client'' or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of '"XS Infosol"'. "XS Infosol" and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if "XS Infosol" has been advised of the possibility of such damages.

b) Under no circumstances aggregate liability payable by ''XS Infosol'' will exceed the total fee received from the ''Client'' under this Agreement.

9. OUTSOURCING

The ''Client'' hereby agrees not to circumvent and engage any other independent contractor for rendering services similar to that agreed herein during the engagement period.

10. NON-SOLICITATION

''Client'' shall not hire or contract any of "XS Infosol" employees for a period of two (2) year following the termination or cancellation of this Agreement. ''Client'' can not hire or contract any of the "XS Infosol" employees during the period of this Agreement.

11. GENERAL

A. Domain Name: If ''Client'' wishes to register a domain name for the web site, "XS Infosol" shall co-operate with ''Client'' in registering the domain name. ''Client'' shall be paying all fees for registration (both initial and annual) of domain name. As between ''Client'' and "XS Infosol", ''Client'' shall own all right, title and interest in and to the domain name.

As part of the web hosting services provided under this Agreement, "XS Infosol" will provide Domain Name Server assistance. No representation or warranties are made by "XS Infosol" as to the DNS service provided to the ''Client'' under this Agreement (pursuant to the disclaimers stated in this Agreement) where ''Client'' arranges for a third party to provide DNS and/or E-Mail service. ''Client'' agrees to hold "XS Infosol" harmless from any errors made as a result of third party's management of the ''Client’s” DNS and/or E-Mail service. If a third party provides DNS and/or E-Mail service for ''Client'', and ''Client'' needs additional services from Provider concerning ''Client’s” DNS and /or E-Mail service, additional services will be provided by "XS Infosol" at "XS Infosol" then hourly rate.

Note: Our domain name terms and conditions shall govern Domain Name registration. You are requested to familiarize yourself with the domain terms and conditions as given in our site.

B. Performance: "XS Infosol" will not be responsible for refunding any fees paid by ''Client''.

C. Cancellation of Web Hosting : XS Infosol can terminate the services provided to the Client, if it is found by XS Infosol that the Client is utilizing more than the sanctioned space. Upon the cancellation of the provision of the Website hosting service to ''Client'' or termination of this Agreement, "XS Infosol" shall: (i) replace the home page of the web site with a standard error message at no charge to ''Client''; (ii) upon ''Client’s'' request, provide a forwarding address on the website for "XS Infosol" standard fees Rs. 2,000.00 which shall be payable in advance; (iii) upon ''Client’s'' request, provide to ''Client'' one copy of the website, in object code format for a fee of Rs. 5,000.00 which shall be payable in advance. If upon termination of this Agreement or cancellation of the provision of the website Hosting service to ''Client'', ''Client'' notifies "XS Infosol" that it wishes to transfer the hosting of the website to another company, "XS Infosol" shall promptly comply with the transfer request from the other company if ''Client'' is not then delinquent with respect to any amount payable under this Agreement. Upon payment to "XS Infosol" of the delinquent amounts, if any, "XS Infosol" shall promptly comply with the request.

D. Modification: "XS Infosol" at its sole discretion modify the service as provided. "XS Infosol" at the time of renewal can at its sole discretion withdraw, reduce or continue with the additional services offered to the customers before.

12. AGENTS

You agree that, if an agent for you (i.e. and Internet Service Provider, Web design company, employee, etc) purchased our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein.

To the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

13. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.

14. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a month, overwrites any of our previous backups made, and only one month of backups are kept. This service is provided to you as a courtesy. Xs Infosol is not responsible for files and/or 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 XS Infosol servers.

15. Log Maintenance

All Server Customer needs to maintain all the LOG as prescribed under the Information Technology Act 2000 and rules made there under for investigation of the suspected criminal violations. Which is generated by various services such as Remote access, Web-server, FTP etc. or any other services that connected to TCP/IP. The Customer shall cooperate fully with law enforcement authorities in the investigation of suspected violations, criminal investigations of violations of systems or network security at other sites including providing Users information's. Non maintenance of logs as per the applicable law may incur criminal or civil

16. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. "xsinfosol" EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. "XS Infosol" DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

17. GOVERNING LAW

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction to the National Capital Territory Region of Delhi.

18. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver of either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

19. HEADING

Heading used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.

20. ASSIGNMENT

The parties' rights and obligations will bind and inure to the benefit of their respective successors and assignees.

21. INDEPENDENT CONTRACTORS

The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have power to obligate or bind the other party. Personnel supplied by "XS Infosol" shall work exclusively for "XS Infosol" and shall not, for any purpose, be considered employees or agents of ''Client''. "XS Infosol" assumes full responsibility for the acts of such personnel while performing services hereunder and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes.

22. NOTICE

Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by registered mail or courier, postage prepaid, 5 days after the date of mailing. Mail shall be sent to:

XS Infosol Inc.

C-34, Sector-2,

Noida - 201307 (U.P.)

Email- info@xsinfosol.com

23. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

24. INFANCY

You attest that you are of legal age to enter into this Agreement.

25. ACCEPTANCE OF AGREEMENT

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.

(I accept) (I don't accept)

Annexure-I

For Payment of Credit Card

Since the amount of the transaction is large, to avoid inconvenience to both of us arising out of repudiation and refusal of payments due to any reason by the banks, we request you to please fill up the following and courier/fax/register post it to us at the earliest in order to continue/provide our services.

Confirmation Letter

I confirm having booked the services of XS INFOSOL Inc. vide my order no.___________ and authorize Net 4 India Ltd. or their duly appointed agent to debit my credit card account with Rs. ________________.

Name:

Address:

House No.:

Street:

City:

State:

Pin Code:

Phone:

Credit Card No.:

Signature:

Date:

III CYBER WALLET

1. AGREEMENT

 

1. DEFINITIONS

In these Terms and Conditions, the following words and phrases have the meaning stated hereunder unless indicated otherwise:

a)“Cyber Wallet” shall mean an account of the Partner with Net 4 which is designated as an eligible account by Net 4 for availing the various facility/services provided by Net 4 to a Partner.

b) “Facility” or “Services” shall mean the facility of availing various services of Net 4 like domain name registration, web hosting, email services and lease line by the Partner on payment c)“Application” shall mean application prescribed by Net 4 for availing the Facility.

d)“Agreement” shall mean Partner Agreement executed between Net 4 and Partner pursuant to which partner has agreed to maintain an advance deposit in Cyber Wallet through which the Partner may requests for debiting payments in lieu of the services being availed by him.

e) “Partner” shall mean Client having an Account and requesting for availing the Services through an Application.

f) “Net 4” refers to Net 4 India Limited, a company incorporated under the Companies Act,1956 and having its registered office at AB-11, Community Centre, Safdurjung Enclave, New Delhi-110029.

g)“Instruction” shall include online payment instruction of the Partner to Net 4 for making payments out of the funds held in the Cyber Wallet.

h) ”Pooling of Balances” shall mean mapping by Net 4 of Partner's deposit to cyber wallet in its system in such a way that the aggregate of balances available is pooled together and made available for execution of Instructions given by the Partner. i)“Website” refers to the website owned, established and maintained by Net 4 India at the URL www.xsinfosol.com and XSInfosoldomains.

2. APPLICABILITY

The Partner shall by applying for or availing of the Facility, acknowledges as having read, understood and accepted these Terms & Conditions governing Cyber Wallet.

3. PAYMENTS

a) The Partner shall be solely liable for maintaining sufficient funds in the Cyber Wallet so as to enable Net 4 to provide the said Facility.

b) Partner acknowledges that its Cyber wallet shall be a virtual account for purchasing various Net 4 services.

c) The Partner acknowledges that for availing the Facility, the Client shall not specify any sequence/order in which the funds needed to be remitted from his Cyber Wallet.

d) Multiple Instructions will be honored depending upon the aggregate balance available in the Cyber Wallet at the relevant time and Net 4 does not guarantee’s the closing of Instructions in any particular order or combination.

e) The Partner agrees that under the said Facility, Net 4 shall honor the Instructions based on the aggregate amount reflected in the Cyber wallet.

f) Net 4 is not responsible/ liable for unwinding any transactions or honored Instructions on account of any insolvency or liquidation of the Partner or any of its customers.

g) The Partner agrees that access to the Cyber Wallet would be subject to the terms and conditions of the agreement executed between Net 4 and the Partner, which can be amended from time to time to which Partner agrees and undertakes to abide by such terms and conditions.

h) The Partner agrees that Net 4 shall be entitled to rely on any communication through the Cyber Wallet on an “as is” basis without any obligation or duty to enquire into the genuineness or correctness of such communication and all such communications shall bind the Partner.

4.DEBIT BALANCE

If for whatever reasons the Cyber Wallet has a debit balance, Partner shall pay interest and other charges as may be decided by Net 4 in accordance with the prevalent rates and practice. 5.REPRESENTATIONS AND WARRANTIES The Partner represents to Net 4 that:

a) The Partner has full power to perform its obligations in accordance with these Terms and Conditions and has taken all necessary action, including all internal and corporate approvals, for execution of the Application and availing of the Facility.

b) The Partner shall be solely responsible for any acts, errors, omission or fraud on the part of its employees or agents.

c) The Partner hereby unconditionally and irrevocably authorizes Net 4 to reverse any credit entry in the Cyber Wallet, if the same has been wrongly credited to the Account or paid to the Partner or any person on behalf of the Partner.

e) The Partner agrees and undertakes to duly comply with its obligations in terms of the processes as detailed in Agreement executed with Net 4.

f) Net 4 shall not be liable either legally or financially for any inaccuracy, error or delay in, or omission due to any act or omission by Net 4 due to “force majeure” (e.g., flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other cause beyond the reasonable control of Net 4 and in case of tampering and unauthorized access to providing of Instruction, Instructions that are fraudulently or mistakenly written, altered or sent, and that the Instruction may not be received in whole or in part by the intended recipient.

5. MISCELLANEOUS

Net 4 shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits offered on the Services including, without limitation to, changes which affect charges or rates and methods of calculation at any time. The Partner shall be liable for all charges incurred and all other obligations under these revised Terms and Conditions until all the amounts under the Services so provided by Net 4 are repaid in full. Net 4 may communicate the amended Terms by hosting the same on its website or in any other manner as decided by Net 4. The Partner shall be responsible for regularly reviewing these Terms and Conditions including amendments thereto as may be posted on the website of Net 4 and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the 7. SERVICES

Net 4 may terminate and/or suspend the Services as provided hereunder at its sole discretion any time without any prior intimation/notice to the Client.

6. DISCLAIMER

Net 4 shall use best efforts in providing facility to the Partner.Net 4 shall not be liable for any non-compliance of any applicable rules and regulations by the Partner in connection with the Facility. Net 4 makes no express or implied warranty with respect to the Facility. Net 4 makes no warranty that (i) the Facility will meet all the requirements of the Partner; or (ii) the Facility will be uninterrupted or timely. The Partner shall be solely responsible for the Instructions and for safekeeping and security of the instruments.

IV EMAIL

1. AGREEMENT

In this service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, “us” and “our” refer to XS INFOSOL Inc. (hereinafter referred to as "XS Infosol") and services refer to the various EMAIL service provided by us. This Agreement explains our obligation to you and explains your obligation to us for WEBMAIL service. By using the services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are featured on our website www.xsinfosol.com or may be amended/ updated or published/ mailed by us from time to time.

2. SERVICES

XS Infosol has agreed to provide EMAIL services to you on charges as may be applicable on the services selected by you. The EMAIL service is only provided for circumscribed purposes as per the plan selected by you and is device dependent, based on the transmit and receive capacity of individual customer device in case of EXMAIL Service.

3. TERM

You agree to subscribe to EMAIL services for the minimum subscription for 1 year.

4. PAYMENTS

On subscription of EMAIL services you agree to make advance payments for the services (Inclusive of applicable taxes) as per the accepted payment plan.

5. TERMINATION OF SERVICE

Non renewal of EMAIL service on expiry of term shall result in termination of services. Your payment and other obligations under this agreement are not suspended or otherwise affected by failure to access and/or use of a service (in whole or in part) by you. We have no obligation to you after any termination or deactivation of a EMAIL account or services under this agreement.

6. CUSTOMER OBLIGATION AND DUTIES

You must use the services in accordance with the terms mentioned herein; for lawful purposes; in accordance with all applicable local, national laws and regulations; and for the purposes for which they are designed.

When you use our services, you agree that-

you will directly or indirectly not do anything which violates any terms;

send junk mails, spam or any unsolicited mails; change your identity to send bulk mail

make any misrepresentation including (without limitation)deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;

impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;

change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and

forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;

transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";

violate or infringe any intellectual property rights;

do anything which does or may damage, impair, overburden or disable any system of any person (including us) using our services;

interfere with another user's use and enjoyment of the service or of similar services;

interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or

compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;

transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancel bots;

harvest or collect information about others, including email addresses, without their consent for any reason;

violate the privacy of any person;

reproduce, replicate, copy, sell or re-sell any of our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or the information or data contained in our services;

repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;

transmit content that you do not own or do not have the right to publish or distribute;

access any of our services or any similar service of any third party or any network without authorization or through hacking, password mining or any other means;

perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;

help any third party to do any of the above.

You must remove your number from our website www.xsinfosol.com if you do not wish to use our services.

7. INTERCEPTION OF COMMUNICATION

By subscribing to or using a service, you agree that -

We may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

We may report or disclose your Name, address, number etc and other details to the statutory authority or controlling body.

8. INDEMNITY

"You" shall indemnify, defend and hold ‘‘XS Infosol’’ harmless against any third party claim, action, suit or proceeding alleging any breach of the ‘Customer Obligation and duties’ as stated in clause 6 or arising from errors or inaccuracies in the content. "You" shall indemnify ‘‘XS Infosol’’, its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by ‘XS Infosol’ as a result of a judgment entered against "XS Infosol" in any such claim, action, suit or proceeding. "XS Infosol" can stop providing the services to the "You" if we receive a complaint by the third party regarding the violation of Customers Obligations and duties.

9. CONFIDENTIAL INFORMATION

Information considered proprietary or confidential by either "XS Infosol" or ''Client'' which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party ("Confidential Information") shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If either party is required to disclose any proprietary information of the other party, it shall provide notice thereof to the other party in a timely fashion so that the other party may avail itself of any procedures or remedies to protect or avoid such disclosure.

10. LIMITATION OF LIABILITY

i) Notwithstanding anything contained herein to the contrary, "XS Infosol" shall not be liable to the ‘‘Client’’ or any third person for any delay or default in performing its obligations hereunder if caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of ‘‘XS Infosol’’. ‘‘XS Infosol’’ and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if ‘XS Infosol’ has been advised of the possibility of such damages. ii) Under no circumstances aggregate liability payable by ‘‘XS Infosol’’ will exceed the total fee received from the ‘‘Client’’ under this Agreement. iii) "XS Infosol" shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise out of loss or corruption of data during transit or storage on XS Infosol Mail servers.

11. AGENTS

You agree that, if an agent for you (i.e. and Internet Service Provider, Web design company, employee, etc) uses our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein.

12. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.

13.WARRANTIES

The WEBMAIL services are provided on an "as is" basis. "XS Infosolindia" expressly disclaims all warranties of any kind, express or implied, including without limitation, the implied warranties or merchantability, fitness for a particular purpose, non infringement and title, and any warranties arising from a course of dealing, usage or trade practice. "XS Infosolindia" does not warrant that the services will be uninterrupted, secure or error free. We make no warranty that the services will meet your requirements.

14. MODIFICATION

We reserve the right to modify any or all terms including (without Limitation) the charges at any time without any notice to you. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. We also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms. By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges. If you do not accept the changed terms or charges, you must stop using the service.

15. SEVERABILITY

You attest that you are of legal age to enter into this Agreement.

16. HEADING

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.

17. ASSIGNMENT

The parties’ rights and obligations will bind and inure to the benefit of their respective successors and assignees.

18. NOTICE

You agree that, unless other instructions are posted on the XS Infosol Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to: Net 4 India Limited AB-11, Community Centre, Safdarjung Enclave New Delhi-110029 Fax No.- 91-11-41653217 Email- legal@XSInfosolindia.net

19. GOVERNING LAW

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction to the National Capital Territory Region of Delhi.

20. INFANCY

You attest that you are of legal age to enter into this Agreement.

21. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

22. ACCEPTANCE OF AGREEMENT

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.

V E-mail Archival Service

1. AGREEMENT
In this service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, “us” and “our” refer to XS INFOSOL Inc. (hereinafter referred to as "XS Infosol") and services refer to the various EMAIL Archival services provided by us. This Agreement explains our obligation to you and explains your obligation to us for the e-mail archival service. By using the services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are featured on our website www.xsinfosol.com or may be amended/ updated or published/ mailed by us from time to time.

2. E-mail Archival Service
This service will provide you with the data retention of the e-mails maintained under a particular e-mail accounts/ID in respect of which the said service is being purchased. It helps you in maintaining the records of your earlier mails and the data therein which may be lost due to a long gestation period or due to the exceeded size of your mailbox.

3. Data Retention
The data retention is provided on First-in-First-out (FIFO) basis depending upon the period for which the service is being purchased. E.g. i.e. In 1 yr account, data will be retained for last 365 days only. The archival facility is provided only in respect of the data processed after anti-spam filtering.

4. Payment
All the payments shall be made in advance including that of renewals. No transaction will be processed unless the payment in respect thereof is received in advance. Payment shall be made in INR only (including all applicable taxes).

5. Interception of Communication
By subscribing to or using the archival service, you agree that -

» We may intercept, block, filter, read and monitor any communication you store to the extent allowed by law for the purpose of conducting our business and securing our systems.

» We may report or disclose your Name, address, number etc and other details to the statutory authority or controlling body.

6. TERMINATION
Non-Renewal of e-mail archival service well before the expiry of the term will result in termination of the archival services and the whole data maintained in the account will be deleted on the expiry of the term, without providing any grace period for the same. We have no obligation to you after any termination or de-activation of the E-MAIL archival service under this agreement.

7. Upgradation of Service

» On upgradation, prices will be revised for the current account as per the higher pack value.

» While upgrading, only the data which exists in the account at the time upgradation will automatically be retained for the new pack. Any previous deleted data will be deleted in whole.

» Periodicity of the account will remain unchanged on upgradation i.e. the period for which e-mail archival service is taken on an account is calculated from the date of purchase of original account.

» Renewal Price of the upgraded account shall be as per the higher pack value.


8. MISUSE OF SERVICE
If the service is being misused by a user by forwarding e-mails from his multiple IDs to the e-mail ID on which an Archival service is active so as to restore his database of such other multiple IDs without purchase of Archival service for such other multiple IDs, their services may be suspended with no option for any refunds whatsoever, without any prior notice.”

9. PRIVACY
Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that we (XS Infosol) may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated here by reference, is subject to change from time to time at XS Infosol sole discretion.

10. INDEMNITY
You agree to indemnify, hold harmless, and defend us (XS Infosol), its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, unintentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. We does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.

11. LIMITATION OF LIABILITY
You expressly agree that WE (XS Infosol) shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that our (XS Infosol) liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to us (XS Infosol) in the 12 months preceding the proper service of the cause of action.

12. MODIFICATION OF TERMS OF SERVICE
We (XS Infosol) reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. We also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.

13. SEVERABILITY
You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

14. WAIVER OF RIGHTS
You agree that any failure to enforce any right under this agreement will not waive that right.

15. NON-AGENCY
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

16. NOTICE
You agree that, unless other instructions are posted on the XS Infosol Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to: Net 4 India Limited AB-11, Community Centre, Safdarjung Enclave New Delhi-110029 Fax No.- 91-11-41653217 Email- legal@XSInfosolindia.net

17. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.

18. ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

VI EXMAIL

1. PAYMENTS

On subscription of EXMAIL services you agree to make advance payments for the services as per the accepted payment plan Monthly*/ and or yearly payments as follows:

a) Monthly Payments (*Promotional offer): The total subscription charges of 12 months shall be payable in equivalent monthly payments including taxes. In order to enjoy continued EXMAIL service your monthly payment shall be received in advance on or before expiry of 30 days from the date of activation. For example; if an account/pack is activated on the 20th September, the advance payment for use of EXMAIL for the month of October must reach us on or before the 19th October to prevent deactivation and uninterrupted use after 19th October. In case advance payment is not received by us till 19th October (4.00 P.M. IST) as per the above stated examples, your EXMAIL services shall stand deactivated thereafter. Deactivation shall mean that your services shall be stopped completely and you will not to able to use the services any further.

b)Yearly Payments: The total subscription charges of 12 months shall be payable in advance. In order to further renew your EXMAIL subscription your payment towards renewal of services shall be received 30 days prior to the date of expiry of your account. For example; if an account/pack is activated on the 20th September 2008, the advance payment for renewal of EXMAIL service must reach us on or before the 19th August 2009 to prevent deactivation and uninterrupted use after 19th September 2009. In case advance payment is not received by us as explained above we shall not be liable, if your service is deactivated on expiry of 12 months from the date of activation of your account/pack. Deactivation shall mean that your services shall be stopped completely and you will not to able to use the services any further.

c) Reactivation of Service: Reactivation charges of Rs.500/- excluding the pack/account charges and taxes shall be payable incase of default in timely payment of renewal charges by you.

2. TERMINATION OF SERVICE & DELETION OF DATA In case your account continues to remain deactivated for a continuous period of 10 days without renewal, you agree that we shall delete all emails and account details maintained with us. Your payment and other obligations under this agreement are not suspended or otherwise affected by failure to access and/or use of a service (in whole or in part) by you. We have no obligation to you after any termination or deactivation of a EXMAIL account or services under this agreement.

VII XS Infosol Secure

BY ACCEPTING TO THE TERMS AND CONDITIONS FOR USING THE SERVICES OFFERED BY XSInfosol INDIA ELECTRONICALLY, BY CLICKING ON I ACCEPT BUTTON ON REGISTRATION PAGE YOU AGREE TO THE TERMS AND CONDITIONS MENTIONED HEREIN WHICH CONSTITUTE THE TERMS OF USE OF XSInfosol SECURE SERVICE TO BE PROVIDE TO YOU BY US AND SUPERSEDES ALL PRIOR AGREEMENTS, UNDERSTANDINGS AND REPRESENTATIONS WHETHER ORAL OR WRITTEN.

1. SERVICE

We will through our service XS InfosolSecure will scan your website to ensure that your website passes the CERT India’s Guidelines and APPIN Security Groups Twenty Most Critical Internet Securities Vulnerabilities Test, for thousands of vulnerabilities that could be exploited by an Hacker. If vulnerabilities exist on the IP address of your website, XS Infosol Secure will find them and provide detailed information on each risk - including its severity, associated threat, and potential impact. It even provides links to give you more information about the vulnerability and will provide patching assistance to correct it. The patching assistance provided by us to correct the vulnerability shall no way guarantee removal of vulnerability. The XS Infosol Secure Vulnerability Scan includes the following Features: • Automated scheduled scans • Automated recurring scans • Automatic target detection • Multiple port scan methods • Authentication scanning • Additional CGI and XSS testing • Ability to fine-tune scan parameters • Test over 7000 Vulnerabilities • Database updated every 12-hours • Automated file sharing scanning • Support for changing DHCP networks • CVE integration • On-demand scanning • Local host and application-level testing • Configurable families of tests • No hardware or software to purchase On fulfilling the XS Infosol Secure Security Criteria, XS Infosol Shall put XS Infosol Secure Seal on the Scanned website after through analysis as per policy.

2. RIGHT TO DISPLAY THE XSInfosolSECURE CERTIFICATION SEALS

You agree to use only the HTML source code provided by Net 4 India for display of the XS Infosol Secure Certification seals. You agree to only place this HTML code on sites that are approved by XS Infosol Secure. The XS InfosolSecure Certification seals shall at all times be served only from XS InfosolSecure designated servers and remain under our full control. We shall have the right to discontinue the serving of the XS Infosol Secure Certification seals should any Web site, or other device being scanned that is used in connection with the Web site or its services fail to meet the CERT India’s Guidelines and APPIN Security Groups Twenty Most Critical Internet Securities Vulnerabilities Test certification guidelines. Should you discontinue our service you agree to immediately remove all HTML source code supplied by us from your servers. You are prohibited from using the XS InfosolSecure Certification seals for or on behalf of any other organization or in connection with any domain name and/or organization name other than those approved by XS InfosolSecure, and enrolled and established under your customer account. The XS Infosol Secure Certification Seals shall reside on XS Infosol India’s server. You will not alter the XS InfosolSecure's seals in any form, change the data contained within the image, change the file name of the image, or artificially change the size or shape of the image(s).

3. AUTHORITY TO CONDUCT SCAN & TEST

You understand and agree that conducting of tests inherently includes invasive and intrusive ethical hacking, which includes-

(i) Attempts by US or our Agents, as applicable, to gain unauthorized access to your Systems in an effort to make you aware of those areas in which your System is vulnerable to intrusion, damage, and/or unauthorized use,

(ii) may result in inadvertent damage to your System as a result of dissimilarities among network systems,

(iii) may cause excessive amounts of log messages resulting in excessive disk space consumption,

(iv) may cause degradation of your System as a result of attempts to penetrate it including, but not limited to possible "slowdowns", "hanging" or "crashing" of your System, possible failure of your System as a result of attempts to invade it, or any other damage resulting from intrusive and/or invasive techniques used to gain access to your System. you hereby gives your informed consent to intrusion into your Systems by us and our Agents for the sole purpose of performing the Evaluation Services provided herein.

4. TERM & TERMINATION

You agree that the term of this agreement shall be One year from the date of registration and can be renewed for a further period of One year on payment of renewal charges as applicable at the time of renewal, unless either party suspends or terminates the account earlier. You agree that this agreement can be terminated by you, once you have stopped using the services. You agree that we can terminate this agreement at any time for any reason, with or without any cause. Re-subscription shall again be subject to these or any other modified terms in effect at the time of re-subscription.

5. ACCEPTABLE USE POLICY

1.0 Purpose The purpose of this policy is to outline the acceptable use of your computer equipment. These rules are in place to protect your employees and you. Inappropriate use exposes you to risks including virus attacks, compromise of network systems and services, and legal issues. Our intentions for publishing an Acceptable Use Policy are not to impose restrictions that are contrary to your established culture of openness, trust and integrity. These restrictions are for protecting your employees, partners and the company from illegal or damaging actions by individuals, either knowingly or unknowingly. Internet/Intranet/Extranet-related systems, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are your property. These systems are to be used for business purposes in serving the interests of the company, and of your clients and customers in the course of normal operations.

2.0 Scope This policy applies to your employees, contractors, consultants, temporaries, and other workers at your company, including all personnel affiliated with third parties. This policy applies to all equipment that is owned or leased by you. 3.0 Policy

3.1 General Use and Ownership

1. While we as a network administration desires to provide a reasonable level of privacy, you should be aware that the data created on the corporate systems remains your property and need to be protected on your network, we cannot guarantee the confidentiality of information stored on any network device belonging to you.

2. Your employees are responsible for exercising good judgment regarding the reasonableness of personal use. Your Individual departments are responsible for creating guidelines concerning personal use of Internet/Intranet/Extranet systems. In the absence of such policies, your employees should be guided by departmental policies on personal use, and if there is any uncertainty, employees should consult their supervisor or manager.

3. We recommend that any information that users consider sensitive or vulnerable be encrypted. For guidelines on information classification, see APPIN Sensitive Policy, for guidelines on encrypting email and documents, go to APPIN’s Awareness Initiative Policy.

4. For security and network maintenance purposes, authorized individuals within XS Infosol may monitor equipment, systems and network traffic at any time, as per XS Infosol Audit Policy.

5. We reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy.

3.2 Security and Proprietary Information

1. The user interface for information contained on Internet/Intranet/Extranet-related systems should be classified as either confidential or not confidential, as defined by corporate confidentiality guidelines, details of which can be found in your Human Resources policies. Examples of confidential information include but are not limited to: company private, corporate strategies, competitor sensitive, trade secrets, specifications, customer lists, and research data. Employees should take all necessary steps to prevent unauthorized access to this information.

2. Keep passwords secure and do not share accounts. Authorized users are responsible for the security of their passwords and accounts. System level passwords should be changed quarterly, user level passwords should be changed every six months.

3. All PCs, laptops and workstations should be secured with a password-protected screensaver with the automatic activation feature set at 10 minutes or less, or by logging-off (control-alt-delete for Win2K users) when the host will be unattended.

4. Use encryption of information in compliance with APPIN's Acceptable Encryption Use policy.

5. Because information contained on portable computers is especially vulnerable, special care should be exercised. Protect laptops in accordance with the “Laptop Security Tips”.

6. Postings by employees from a official email address to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of your/company, unless posting is in the course of business duties.

7. All hosts used by the employee that are connected to the you or your company Internet/Intranet/Extranet, whether owned by the employee or company, shall be continually executing approved virus-scanning software with a current virus database unless overridden by departmental or group policy.

8. Your employees must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, e-mail bombs, or Trojan horse code.

3.3. Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services). Under no circumstances any employee shall be authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing your or company owned resources. The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use.

3.4 (a) System and Network Activities The following activities are strictly prohibited, with no exceptions:

1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use .

2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which you or the end user does not have an active license is strictly prohibited.

3. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. The appropriate management should be consulted prior to export of any material that is in question.

4. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).

5. Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home.

6. Using a your or companies computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction.

7. Making fraudulent offers of products, items, or services originating from any of your or companies account.

8. Making statements about warranty, expressly or implied, unless it is a part of normal job duties.

9. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.

10. Port scanning or security scanning is expressly prohibited unless prior notification to us is made.

11. Executing any form of network monitoring which will intercept data not intended for the employee's host, unless this activity is a part of the employee's normal job/duty.

12. Circumventing user authentication or security of any host, network or account.

13. Interfering with or denying service to any user other than the employee's host (for example, denial of service attack).

14. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet.

15. Providing information about, or lists of companies employees to outside parties.

3.4 (b) Email and Communications Activities

1. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam).

2. Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages.

3. Unauthorized use, or forging, of email header information.

4. Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies.

5. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type.

6. Use of unsolicited email originating from within your networks of other Internet/Intranet/Extranet service providers on behalf of, or to advertise, any service hosted by you or connected via your network.

7. Posting the same or similar non-business-related messages to large numbers of Usenet newsgroups (newsgroup spam).

3.3 (c) Blogging

1. Blogging by employees, using your or your companies property and systems or personal computer systems, is also subject to the terms and restrictions set forth in this Policy. Limited and occasional use of your or companies systems to engage in blogging is acceptable, provided that it is done in a professional and responsible manner, does not otherwise violate your policy and is not detrimental to your companies best interests, and does not interfere with an employee's regular work duties. Blogging from your or companies systems is also subject to monitoring.

2. Your Confidential Information policy also applies to blogging. As such, Employees are prohibited from revealing any confidential or proprietary information, trade secrets or any other material covered by Confidential Information policy when engaged in blogging.

3. Employees shall not engage in any blogging that may harm or tarnish the image, reputation and/or goodwill of our company and/or any of its employees. You and your employees are also prohibited from making any discriminatory, disparaging, defamatory or harassing comments when blogging or otherwise engaging in any conduct like Non-Discrimination and Anti-Harassment policy prohibited by you.

4. Employees may also not attribute personal statements, opinions or beliefs about us or any of the group companies when engaged in blogging. If an employee is expressing his or her beliefs and/or opinions in blogs, the employee may not, expressly or implicitly, represent themselves as an employee or representative of your or your company. Employees assume any and all risk associated with blogging.

5. Apart from following all laws pertaining to the handling and disclosure of copyrighted or export controlled materials, XS Infosol’s trademarks, logos and any other XS Infosol intellectual property may also not be used in connection with any blogging activity.

6. SECURITY

You agree to maintain your account in a secure way. You may not reveal your password or secret question to others in any way or for any reason. You may not provide access to the Services by;

(a) allowing others to use your account after you log in, whether intentional or otherwise;

(b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or

(c) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify us (Net 4) of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's use of the Services.

7. SUPPORT

You agree that your use of the services is at your own risk. XS Infosol, its officer's, directors and employees are not responsible for your use of the Services. Under this agreement, We (XS Infosol) is obligated to provide support, whether on-line or by telephone, only during normal Pacific Standard Time working hours. Any additional support shall be under a separate agreement.

8. COPYRIGHT & INTELLECTUAL PROPERTY

All content provided by us (XS Infosol) in connection with the Services is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print XS Infosol’s documents from the Services, as long as you use them for personal purposes only and do not post, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.

9. PRIVACY

Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that we (XS Infosol) may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated here by reference, is subject to change from time to time at XS Infosol sole discretion.

10. CONFIDENTIALITY

You will by using our services or by contact with our (XS Infosol’s) employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

11. TAXES

You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services. You also agree to pay for any other taxes, except XS Infosol’s income taxes, that arise in connection with your use of the Services, even if we (XS Infosol) pays those taxes and bills you later.

12. INDEMNITY

You agree to indemnify, hold harmless, and defend us (XS Infosol), its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. We does NOT indemnify you against such Claims made against you by others as a result of your use of the Services. Our (XS Infosol) Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. We makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided in this report will be complete or error-free. We shall be held harmless and free from all liabilities for any use or application of the information provided by us in connection with using the services. Additionally, we makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. WE (XSInfosol) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

13. LIMITATION OF LIABILITY

You expressly agree that WE (XS Infosol) shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that our (XS Infosol) liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to us (XS Infosol) in the 12 months preceding the proper service of the cause of action.

14. MODIFICATION OF TERMS OF SERVICE

We (XS Infosol) reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. We also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.

15. SEVERABILITY

You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

16. WAIVER OF RIGHTS

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

17. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

18. HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

19. NOTICE

You agree that, unless other instructions are posted on the XS Infosol Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to: Net 4 India Limited AB-11, Community Centre, Safdarjung Enclave New Delhi-110029 Fax No.- 91-11-41653217 Email- legal@XSInfosolindia.net

20. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.

21. INFANCY

You attest that you are of legal age to enter into this Agreement.

VIII MICROSOFT HOSTED DYNAMICS CRM

In this service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us" and "our" refer to XS INFOSOL Inc. (hereinafter referred to as "XS Infosol") and service refer to the XS Infosol Microsoft Dynamics Customer Relationship Management (hereinafter referred to as N4CRM), a Microsoft Dynamics Customer Relationship Management solution. By accepting to the terms and conditions for using the services offered by XSInfosolIndia and by clicking on I accept button on registration page you agree that you have read and agree to be bound by all the terms and conditions of this Agreement and any other applicable Microsoft Inc. published policies on Microsoft Dynamics CRM (http://www.microsoft.com/dynamics/en/us/default.aspx) which constitutes the entire agreement between us and you and supersedes all prior agreements, understandings and representations whether oral or written.

1. SERVICE

XS Infosol as a certified partner has agreed to provide Microsoft Dynamics CRM solutions to you on charges as may be applicable on the services selected by you. The N4CRM is a customer relationship management solution that provides the tools and capabilities needed to create modules starting from customer’s first point of contact i.e. from the marketing to first purchase and post sales, services and allows for powerful customization and integrations to meet customer business needs.

2. FEE & PAYMENT

As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to:

a) provide current, complete and accurate information about you, as required under the registration process; and

b) maintain and update this information, as needed, to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. That by completing and submitting the Agreement ("Agreement"), You represent that the statements in its application are true and so far as the customer is aware, does not interfere with or infringe upon the rights of any third party. The customer also represents that the services will not be used for any unlawful purpose.

c) All payments are to be paid in advance otherwise "XS Infosol" would not proceed with providing of N4CRM Services. No outstation cheques are accepted. In case payment is made by Credit Card, then the customer is required to send at the sole discretion of XS Infosol, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. XS Infosol reserves the right to stop the services, in case the confirmation letter, as required, is not received back within 10 days of allotment of Order ID Number.

d) Customer requested service will not be booked on our server unless we receive actual payment of the registration or renewal or reasonable assurance of payment of the registration or renewal from some other entity (such reasonable assurance as determined by "XS Infosol" at its sole discretion).

e) In the event of a charge back by a credit card company or dishonor of cheque/demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that "XS Infosol" can stop providing the N4CRM services to you without any notice, unless it receives the due payment along with the administrative charges. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration/ renewal and/or other service charges or fee.

f) We request you to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment. Should a renewal fee go unpaid within the time specified regarding renewal, the N4CRM service will be stopped without any notice. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form.

g) In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by "XS Infosol" due to non payment of dues or any other reason attributable to you do not amount to Hacking under Section 66 of the Information Technology Act, 2000.

3. TERM & TERMINATION

The term of this Agreement shall be 12 months from the date you sign thisN4CRM agreement. The term of this agreement shall be automatically renewed for 12 months unless terminated earlier. Should the customer terminate this Agreement at any time, all fees paid including setup, hosting and professional services of any kind are nonrefundable. Customer may cancel service at any time with 30 day written notice. Email send to email Id unsubscribeCrm@xsinfosol.com shall suffice as written notice. if the Service termination notice is dated 5th May the service will be terminated on the following billing period. i.e customer will have pay the monthly fee for the month of June and access to N4CRM service till 30 June. This arrangement is a result of License agreement executed with Microsoft due to which prorate adjustment are not provided. In the event of the outstanding subscription charges not been paid or due after termination of N4CRM subscription, XS Infosol shall have all right to recover the dues by stopping any other services being provided and/or availed by the customer from us(XS Infosol).

4. SECURITY

You agree to maintain your account in a secure way. You may not reveal your password or secret question to others in any way or for any reason. You may not provide access to the Services by;

(a) allowing others to use your account after you log in, whether intentional or otherwise;

(b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or

(c) failing to revoke access for those who are no longer authorized to access the Services for any reason.

You will immediately notify us (XS Infosol) of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's use of the Services.

5. SUPPORT

You agree that your use of the services is at your own risk. XS Infosol, its officer's, directors and employees are not responsible for your use of the Services. Under this agreement, We (XS Infosol) is obligated to provide support, whether on-line or by telephone, only during normal Pacific Standard Time working hours. Any additional support shall be under a separate agreement.

6. COPYRIGHT & INTELLECTUAL PROPERTY

All content provided by us in connection with the Services is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print XS Infosol’s documents from the Services, as long as you use them for personal purposes only and do not post, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.

7. PRIVACY

Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that we (XS Infosol) may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated here by reference, is subject to change from time to time at XS Infosol sole discretion.

8. CONFIDENTIALITY

You will by using our services or by contact with our (XS Infosol’s) employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

9. TAXES

You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services. You also agree to pay for any other taxes, except XS Infosol’s income taxes, that arise in connection with your use of the Services, even if we (XS Infosol) pays those taxes and bills you later.

10. INDEMNITY

You agree to indemnify, hold harmless, and defend us (XS Infosol), its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. We does NOT indemnify you against such Claims made against you by others as a result of your use of the Services. Our (XS Infosol) Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. We make no warranty that the solutions suggested and advice provided to you will be complete or error-free. We shall be held harmless and free from all liabilities for any use or application of the information provided by us in connection with using the services. Additionally, we makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. WE (XSInfosol) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

11. LIMITATION OF LIABILITY

You expressly agree that WE (XS Infosol) shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that our (XS Infosol) liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to us (XS Infosol) in the 12 months preceding the proper service of the cause of action.

12. MODIFICATION OF TERMS OF SERVICE

We (XS Infosol) reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. We also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.

13. SEVERABILITY

You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

14. WAIVER OF RIGHTS

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

15. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

16. HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

17. NOTICE

You agree that, unless other instructions are posted on the XS Infosol Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to: Net 4 India Limited AB-11, Community Centre, Safdarjung Enclave New Delhi-110029 Fax No. - 91-11-41653217 Email- legal@XSInfosolindia.net

18. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.

19. INFANCY

You attest that you are of legal age to enter into this Agreement.

IX VPS SERVICE

In this service Agreement ("Agreement") each customer is referred to as "you" and "your", XS Infosol refer to "we", "us" and "our" and service refer to the XS Infosol Virtual Private Server Service (hereinafter referred to as VPS Service) which allows multiple users to share resources of one server, with an extremely high degree of security and insulation.

By accepting to the terms and conditions hereinafter for using the services offered by XSInfosolIndia and or by clicking on I accept button on registration page you agree that you have read and agree to be bound by all the terms and conditions of this Agreement and any other applicable terms and conditions mentioned on Net 4 India Limited website www.xsinfosol.com, which constitutes the entire agreement between XS Infosol and customer and supersedes all prior agreements, understandings and representations whether oral or written.

1. FACILITIES

a) XS Infosol agrees to provide the non-exclusive use of a Virtual Server to Customer, for the use of Customer at the price agreed upon before the initiation of service, for the term as defined below. Access to the Virtual Server is limited to Customer and its authorized agents. XS Infosol has limited access to the contents of your Virtual Server. XS Infosol reserves the right to require, at its discretion, software upgrades for the purposes of maintaining security and stability of the services provided and may require the installation of such upgrades. Standard fees for such upgrades shall be set by XS Infosol from time to time.

b) Customer represents and warrants that Customer has or has access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server. XS Infosol further agrees to maintain the hardware on which the Virtual Server is located. Except with respect to the delivery of VPS, XS Infosol does not provide phone or e-mail support or other technical assistance for the administration of the Virtual Server or otherwise related to the Services, except for Managed VPS.

c) All Virtual Servers must use software configurations that conform to XS Infosol requirements. Use of any particular software configuration may be declined at the sole discretion of XS Infosol. Customers have no right or expectation to receive a hardware or software configuration on their Virtual Server that is more capable than that which was initially ordered from XS Infosol, nor can a Customer expect to receive support from XS Infosol with respect to the correction of errors caused by mistakes, faulty settings, and installation errors caused by the Customer.

d) XS Infosol shall not be responsible for the non-availability of the site and/or application due to any “bugs” or application failure. XS Infosol will not be responsible for any changes done by the customer, which leads to downtimes or application failures. XS Infosol will not be responsible for outages/downtimes on the Internet Network. XS Infosol’s uptime guarantees are applicable only within its network upto the termination onto the Internet Backbone.

e) Monitoring equipment: XS Infosol shall install the monitoring equipment to monitor the bandwidth usage, service usage, etc. The server can be affected by activities, which are not controllable by XS Infosol even after the installation of the equipment. (At present we are using PRTG Software) XS Infosol’s liability in the event of loss to the customer due to activities, which are not controllable by XS Infosol including without limitation, virus attack to the customer is NIL. XS Infosol is not liable for any damages, if any loss occurs to the customer due to the activities, which are not controllable by XS Infosol.

f) Scheduled maintenance: XS Infosol will conduct routine scheduled maintenance of its Internet Data Center Services according to the maintenance schedule posted on XS Infosol’s World Wide Web sites. In the event that a mission critical maintenance situation arises, XS Infosol may have to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customers equipment may be unable to transmit and receive data and Customer may be unable to access Customer equipment. Customer agrees to co-operate with XS Infosol during the scheduled and emergency maintenance periods.

g) Support: XS Infosol gives the Customer round the clock support, monitoring, fault reporting and maintenance of the networks and systems whether on-line or by telephone, only during normal Pacific Standard Time working hours. XS Infosol provides warranty support to the equipment supplied by XS Infosol as per the terms and conditions of the manufacturers.

h) Upgrade: Upgrade of various components can be done by customer on payment of additional component charges for the complete month in which the upgrade is done. If number of days left is less than a month, the price applicable is for the whole month and the price won’t be prorated to the number of days left for expiry. 0.x months would be treated as 1 month and a 2.x months would be treated as 3 months.

i) Restoration & Backup : One Free restoration per quarter would be available to customer if opted for in case of a crash because of customer’s action. Free restorations cannot be carry-forwarded to the next quarter in case it is not used. Any further restorations would be chargeable. Restoration would be done from the last “good” copy of backup.

j) Log Maintenance: All VPS Server Customer needs to maintain all the LOG as prescribed under the Information Technology Act 2000 and rules made there under for investigation of the suspected criminal violations. Which is generated by various services such as Remote access, Web-server, FTP etc. or any other services that connected to TCP/IP. The Customer shall cooperate fully with law enforcement authorities in the investigation of suspected violations, criminal investigations of violations of systems or network security at other sites including providing Users information’s. Non maintenance of logs as per the applicable law may incur criminal or civil liability.

k) Use of Material: As provided by national law and by international treaties, copyrighted materials (e.g. Images, text and program) shall not be uploaded using XS Infosol’s Internet services without the permission of the copyright holder.

l) Abuse of Service: Any use of XS Infosol system resource that disrupts the normal use of the system for other XS Infosol’s Customers is considered to be abuse of system resources and is grounds for administrative intervention. Spamming is one example of system abuse.

Depending on the nature of and the severity of the abuse, the user may receive an e-mail warning or have their account suspended by XS Infosol Technical Support. If the misuse is unintentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge, which is Rupees ten thousand (Rs.10, 000) per server. Occasionally, unintentional misuse is mis-classified as intentional misuse. Customers who believe their activity has been mis-classified may appeal to the Operations Manager.

Violations of any of the XS Infosol conditions of use are unethical and may be criminal offences. You are expected to report to XS Infosol any information you may have concerning instances in which the conditions of use have been or are being violated. When XS Infosol becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, XS Infosol may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge.

m) Data Transfer Utilisation

XS Infosol shall monitor bandwidth utilisation for each server in the XS Infosol Internet backbone network, with the objective of determining the necessary bandwidth to maintain Service quality. XS Infosol’s network design policy is to commence the initiation of a capacity upgrade for any backbone link in the XS Infosol backbone network, when a backbone link reaches a sustained utilisation above eighty five percent (85%) for more than four (4) consecutive hours. XS Infosol also monitors the Data Transfer utilisation of each server in the XS Infosol Internet Backbone network, with the objective of the servers, are not using more than its allocated data transfer rates per month. In case of extra usage, it will be billed to the customer at @.....INR per additional GB usage per month and the payment should be made within 7 days. Data Transfer is used for the following traffic but not limited to: HTTP requests and response, incoming and outgoing email, mailing list distribution, both outbound and inbound data transfer from your account. Data Transfer usage reports would be available to customer in the XS Infosol portal. Extra Data transfer would be automatically billed by the system at the time the end of monthly subscription, which may not necessarily be the end of the calendar month. Email/SMS notifications to be sent to the customer at the following intervals for Data Transfer-

Upon reaching 70% of the available data transfer limit

Upon reaching 80% of the available data transfer limit

Upon reaching 90% of the available data transfer limit

Upon reaching 100% of the available data transfer limit

And after 10% there-off with billable amount for the EDT.

j) Availability

The target availability objective for the XS Infosol Data centre is ninety-nine percent (99%) per month (excluding unavailability due to scheduled maintenance). The availability figure applies to XS Infosol- controlled routers and IP backbone facilities, and other data centre equipment. Service Outage shall mean an incident when service is unavailable for at least sixty continuous (60) minutes in duration.

Service Outage shall not include any service outage or interruption resulting from maintenance action requested by or attributed to the Customer, nor from scheduled or routine XS Infosol maintenance operations. XS Infosol will notify the customer three (3) days in advance of a scheduled maintenance at a time agreeable to the customer. A single maintenance period will not exceed three (3) hours.

Service outage shall also not include any service outage or interruption resulting from emergency or general maintenance that lasts for ten (10) minutes or less, XSInfosolIndia will not directly notify Customer in advance for such short-duration maintenance. XS Infosol will use its best efforts to limit such occurrences. In addition, XS Infosol will undertake short duration, general maintenance during defined maintenance windows.

Service outage credits are granted if the XS Infosolindia Internet backbone network availability falls below the target objective, as defined, with an availability of 99%, seven (7) hour of unavailability per month (based on 720 Hours per month) is exempt from service outage credits. For all Service Outage incidents verifiable by XS Infosol, Service outage credit of one (1) day will be granted for outages in excess of sixty minutes but less than 8 hrs. For Service Outages in excess of eight (8) hours, a minimum service outage credit of two (2) days will be granted, with a maximum cap for the service outage credit equal to the monthly access charges for one month. The service outage credit per hour shall be equivalent to the monthly access charge divided by seven hundred twenty (720) hours. The service Outage credit per day shall be equivalent to the monthly access charge divided by thirty (30) days. Service outage credits will be applied by XS Infosol, at the end of the Term of this Agreement. In no event shall XS Infosol’s liability for Service Outage credits exceed the corresponding monthly access charges for the said period of service outage.

The Granting of Service Outage Credits is contingent upon the customer having opened a trouble ticket with XS Infosol’s Privilege Customer Support within 2 Hours after the Service Outage occur. The duration of the Service Outage period will be determined at the sole discretion of XS Infosol, based upon XS Infosol’s internal records and the above-noted trouble ticket. If the customer does not notify XS Infosol’s Privilege Customer Support division within two (2) hours after the service outage occurs, the Service Outage will be considered to begin when the trouble ticket is opened with XS Infosol’s Privilege Customer Support division.

In any case the XS Infosol shall not grant service outage credits in cash or cheque or in any form of Money.

2. FEE & PAYMENT

As consideration for the services you have selected, you agree to pay us the applicable service(s) fees and security deposit. Additional Installation/setup charges may be charged for customization of services. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to:

a) provide current, complete and accurate information about you, as required under the registration process; and

b) maintain and update this information, as needed, to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. That by completing and submitting the Agreement ("Agreement"),You represent that the statements in its application are true and so far as the customer is aware, does not interfere with or infringe upon the rights of any third party. The customer also represents that the services will not be used for any unlawful purpose.

c) Customers subscribing to monthly tenure based VPS service are advised to renew its VPS subscription atleast 7 days before the date of expiry of its monthly services. In the event the service are not renewed before 7 days, the services will be stopped on the 7 day post expiry.

d) Customers subscribing to Yearly tenure based VPS service are advised to renew its VPS subscription atleast 15 days before the date of expiry of its annual services. In the event the service are not renewed before 15 days, the services will be stopped 15 day post expiry.

e) All payments are to be paid in advance otherwise "XS Infosol" would not proceed with providing of VPS Services. No outstation cheques are accepted. In case payment is made by Credit Card, then the customer is required to send at the sole discretion of XS Infosol, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. XS Infosol reserves the right to stop the services, in case the confirmation letter, as required, is not received back within 10 days of allotment of Order ID Number.

f) Customer requested service will not be booked on our server unless we receive actual payment of the registration or renewal or reasonable assurance of payment of the registration or renewal from some other entity (such reasonable assurance as determined by "XS Infosol" at its sole discretion).

g) In the event of a charge back by a credit card company or dishonor of cheque/demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that "XS Infosol" can stop providing the VPS services to you without any notice, unless it receives the due payment along with the administrative charges. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration/ renewal and/or other service charges or fee.

h) We request you to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment. Should a renewal fee go unpaid within the time specified regarding renewal, the VPS service will be stopped without any notice. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form.

i) In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by "XS Infosol" due to non payment of dues or any other reason attributable to you do not amount to Hacking under Section 66 of the Information TechnologyAct,2000.

3. TERM & TERMINATION

The term of this Agreement shall be monthly/ annually as per the service pack selected by you from the date you sign this VPS agreement. The term of this agreement shall be automatically renewed for monthly/ annually term unless terminated earlier. Should the customer terminate this Agreement at any time, all fees paid including setup, hosting and professional services of any kind are nonrefundable. Customer may cancel service at any time with 30 day written notice. Customer Email send to email Id vpssupport@xsinfosol.com shall suffice as written notice. In the event of the outstanding subscription charges not been paid or due after termination of VPS subscription, XS Infosol shall have all right to recover the dues by stopping any other services being provided and/or availed by the customer from us(XS Infosol).

Notwithstanding the above XS Infosol reserves the right to terminate Customers account at any time without any prior notice and any refund in the event of-

a) Abuse of the machines - either intentional or due to improper coding.

b) Committing or Promoting or perceived to commit or promote any type of illegal activity including but not limited to fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators", copyrighted audio or video files without written consent from the legal copyright owner. Additionally, Hosting reserves the right to terminate your account if at any time your site has or perceived to have pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.

c) Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.

d) Attempts to circumvent any of our security policies, procedures or systems.

e) If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.

4. SECURITY

a) You agree to maintain your server in a secure way. You may not reveal your password or secret question to others in any way or for any reason. Customer agrees that the security of the Virtual Server and all Services is solely Customer's responsibility. It is the sole responsibility of the Customer to maintain and update security software on the Virtual Server. Under no circumstance XS Infosol be held liable for security breaches and damage caused by the Customer's failure to maintain or update the security software or to maintain adequate security protocols in the administration of the Virtual Server.

b) Customer shall not provide access to the Services by;

(a) allowing others to use there account after you log in, whether intentional or otherwise;

(b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or

(c) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify us (XS Infosol) of any unauthorized access from your Server or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's. Customer shall be held fully responsible for any misuse or compromise of Customer's Virtual Server.

c) Customer agrees that if any security violations are believed to have occurred in association with Customer's Virtual Server, XS Infosol has the right to suspend access to the Virtual Server pending an investigation and resolution. Customer also agrees that XS Infosol has the right to cooperate in any government or legal investigation regarding any aspect of its services, including any servers or Virtual Servers used by Customer.

d) Customer agrees that the security of the Virtual Server and all Services is solely Customer's responsibility. It is the sole responsibility of the Customer to maintain and update security software on the Virtual Server. Under no circumstance will XS Infosol be held liable for security breaches and damage caused by the Customer's failure to maintain or update the security software or to maintain adequate security protocols in the administration of the Virtual Server. To secure Virtual Servers from external misuse, Customers are encouraged to utilize packet filtering technology.

e) Any use of XS Infosol system to engage in software piracy or other violations of law including a) Unlicensed applications, Cracking programs or key generators; b) Terrorist propaganda, racist material, or bomb/weapon instructions; c) Material protected by trade secret or other statute; d) Scripts commonly used for abuse, attacks, or flooding, will result in service suspension and be immediately reported to the appropriate authorities.

5. MANDATORY SECURITY UPDATES

From time-to-time, we notify our customers of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.

The security notification will be sent via our customer subscribed mailing list, with a subject line of "Mandatory Security Update". It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all "Mandatory Security Update" within 24 hours from their release.

To ensure the security of the clients' servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, XS Infosol reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer's account at the applicable hourly support rate without further notice or customer approval.

6. SOFTWARE LICENSE

Software provided with the services under this Agreement, has been provided by third parties. All such third party provided software is licensed to Customer subject to terms and conditions of an end-user license The Agreement (“EULA”) provided as either a document accompanying such software, or as a pop-up screen during initial use of such software. Customer hereby accepts and agrees to abide by the terms and conditions of EULA associated with any third party software provided to Customer with any of the Services. Customers agree that he shall not use any pirated software.

XS Infosol shall not be responsible for any third party software neither shall it be responsible for damage caused by such software. Further XS Infosol for a charge at the request of the customer may configure the third party software with the Customer’s equipment, the configuration of the software shall be done as per the instructions of the third party, XS Infosol shall not be liable for any damages arising due to configuration of the third party software with the customer’s equipment.

7. REPRESENTATIONS AND WARRANTIES

a) Each party represents and warrants that it has the right and authority to enter into this Agreement, and that by entering into this Agreement, it will not violate, conflict with, or result in a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance, lien or encumbrance to which it is a party or by which it or any of its property is or may become subject or bound. Each party shall not grant any rights under any future Agreement, nor will it permit or suffer any lien, obligation or encumbrances that would prevent it from performing under this Agreement.

b) Customer represents and warrants that it will, at its own expense, make, obtain and maintain in force at all times during the term of this Agreement, all applicable filings, registrations, reports, licenses, permits and authorizations in order for Customer to perform its obligations under this Agreement. XS Infosol represents and warrants that it will, at its own expense, make, obtain and maintain in force at all times during the term of this Agreement, all applicable filings, registrations, reports, licenses, permits and authorizations in order for XS Infosol to provide the services, and to perform its obligations under this Agreement.

c) Both parties represent and warrant that they will, at their own expense, comply with all laws, regulations and other legal requirements that apply to them with respect to this Agreement, including copyright, privacy and communication decency laws.

d) Customer represents and warrants that it will: (a) not utilize (or allow utilization of) the services in a manner that: (i) is prohibited by any law or regulation to facilitate the violation of any law or regulation or such policy; or (ii) will disrupt third party’s use or enjoyment of any communications or outlet; (b) not violate or tamper with the security of any XS Infosol computer equipment or program; and (c) have an Agreement with each Customer and end user sufficient to comply with the terms herein.

e) THE WARRANTIES SET FORTH IN THIS CLAUSE ARE THE ONLY WARRANTIES MADE BY XS Infosol. XS Infosol IS PROVIDING SERVICES ON AN “AS IS”, “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES, ANY RELATED SERVICE OR SOFTWARE OR THE FITNESS OF THE SPACE FOR CUSTOMER’S USE. XS Infosol HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENT OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (S). WE DO NOT GUARANTEE THAT THE SERVICE PROVIDED BY US WOULD MEET CUSTOMER’S REQUIREMENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY XS Infosol, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY.

8. LIMITATION OF LIABILITY

In no event shall XS Infosol be liable for special, incidental, consequential damages of any nature, for any reason, including without limitation the breach of this Agreement or any termination of this Agreement, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise, even if XS Infosol has been warned of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, XS Infosol’s ENTIRE LIABILITY TO CUSTOMER CONCERNING PERFORMANCE OR NON PERFORMANCE BY XS Infosol OR IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, AND REGARDLESS OF WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE OR IN TORT, SHALL NOT EXCEED THE AMOUNT RECEIVED BY XS Infosol FROM CUSTOMER DURING THE PREVIOUS TWELVE (12) MONTHS.

9. NETWORK ABUSE

a) Customer acknowledges that Customer has read and understands, and agrees to comply with, all applicable provisions of XS Infosol’s then current Acceptable Use policy incorporated herein by this reference.

b) Customer expressly agrees that XS Infosol shall not be liable to Customer for any action XS Infosol takes to remove or restrict access to obscene, indecent or offensive content made available by Customer, nor for any action taken to restrict access to material made available in violation of any law, regulation or rights of a third party, including but limited to rights under the copyright law and prohibitions on libel, slander and invasion of privacy.

c) Customer agrees not to use any of XS Infosol services to access or attempt to access other users network without their express permission. These access attempts include but are not limited to, sending of virus/Trojan/worms via any electronic media.

d) Upon written or electronic request of XS Infosol, Customer agrees to indemnify and hold harmless XS Infosol, its affiliates, its officers, directors, employees, agents and licensees, from any claims, liabilities, losses, damages and expenses, including reasonable attorney’s fees, arising out of or relating to Customer’s or its end users’ use of any of the services provided hereunder.

e) Use of XS Infosol system resource that disrupts the normal use of the system for other XS Infosol Customers is considered to be abuse of system resource and is ground for administrative intervention. Violations of any of the XS Infosol conditions of use are unethical and may be deemed criminal offences.

10. COPYRIGHT & INTELLECTUAL PROPERTY

All content provided by us in connection with the Services is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print XS Infosol’s documents from the Services, as long as you use them for personal purposes only and do not post, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.

11. PRIVACY

Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that we (XS Infosol) may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated here by reference, is subject to change from time to time at XS Infosol sole discretion.

12. CONFIDENTIALITY

You will by using our services or by contact with our (XS Infosol’s) employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

13. INDEMNITY

You agree to indemnify, hold harmless, and defend us (XS Infosol), its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. We does NOT indemnify you against such Claims made against you by others as a result of your use of the Services. Our (XS Infosol) Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. We make no warranty that the solutions suggested and advice provided to you will be complete or error-free. We shall be held harmless and free from all liabilities for any use or application of the information provided by us in connection with using the services. Additionally, we makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your Devices as a result of using the services. WE (XSInfosol) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

14. LIMITATION OF LIABILITY

You expressly agree that WE (XS Infosol) shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that our (XS Infosol) liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to us (XS Infosol) in the 12 months preceding the proper service of the cause of action.

15. MODIFICATION OF TERMS OF SERVICE

We (XS Infosol) reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. We also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.

16. SEVERABILITY

You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

17. WAIVER OF RIGHTS

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

18. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

19. HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

20. NOTICE

You agree that, unless other instructions are posted on the XS Infosol Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to:

Xs Infosol Inc.

C-34, Sector-2,
Noida - 201307 (U.P.)

Email- info@xsinfosol.com

21. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.

22. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.