Welcome to Redpanchi Business Solutions Service, Business Associate of Rediff.com India Limited (Rediff.com) . Redpanchi provides complete business solutions services, (the "Service") pursuant to the terms and conditions set forth below.
1. TERMS AND CONDITIONS OF SERVICE :
This Agreement shall continue to be in full force and effect for so long as you have paid for and are using the Rediff Business Solution Services. By registering for the service you agree to use the services in a manner consistent with and abide by the terms and conditions as set forth below. The reference to terms and conditions in these presents includes the reference to the policies, terms and conditions of the Central Registrar also.
2. MODIFICATION OF TERMS OF SERVICE:
Redpanchi may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should intimate the same to us and discontinue using the service. In that event any amount paid by you for availing these services shall stand cancelled and the Company shall not refund any amount to you. However, if you continue to use the service you agree to accept and abide by the modified Terms.
3. SCOPE OF SERVICES :
You will be able to avail of the services of Redpanchi and Rediff Business Solutions for the quantity of server storage space, domain name and email solution chosen by you in exchange for payment of fees and full compliance with the terms and conditions contained herein. Redpanchi and Rediff Business Solutions shall own, maintain, and control any and all Internet Protocol ("IP") numbers and addresses that may be assigned to you and that Rediff reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
You shall be solely responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") on your website, and you hereby warrant that all Upload Materials shall be owned and/or properly licensed by you and shall not adversely impact the Services or violate any rights of any third party(ies). You shall be responsible for ensuring that all Upload Materials will function properly and as intended
You agree and understand that you shall be solely responsible for the Upload Materials whether publicly or privately and that Rediff shall not be responsible for any content posted or transmitted through the use of this service.
You acknowledge that you shall be solely responsible for any and all activities originating from your website, unless it could be established that such an activity was as a result of outside hacking or address forgery. You agree and understand that use of the Services requires a certain level of understanding and knowledge of the Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge and conform that you have the necessary knowledge to create, modify and maintain your website. Redpanchi and Rediff Business Solutions assumes no responsibility to provide you with such knowledge.
Certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools") may be provided to you by Redpanchi and Rediff Business Solutions. The said Tools are copyrighted and proprietary property is owned by Redpanchi and Rediff Business Solutions. You acknowledge that you are granted a non-exclusive, non-transferable right to use the said Tools in object-code form only. The said tools are for your individual use in terms of this agreement and solely in connection with the Services provided under this Agreement. You acknowledge that the use of this Service is personal to you. You agree not to resell or make any commercial use of the Service without the express consent of Redpanchi and Rediff Business Solutions.
During the period you avail of the services in terms of this Agreement, you hereby grant to Redpanchi and Rediff Business Solutions a non-exclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.
Redpanchi and Rediff Business Solutions makes back-ups of websites regularly for the purpose of server restoration only. Redpanchi and Rediff Business Solutions makes no guarantees of any kind, either express or implied, as to the integrity of these back-ups. You shall be responsible to maintain local copies of your website / data.
Redpanchi and Rediff Business Solutions reserves the right to monitor its systems electronically and to access and disclose any information registered/disclosed by you, as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself and or its accountholders/registrants or for any other reason which Redpanchi and Rediff Business Solutions in good faith deems necessary. Redpanchi and Rediff Business Solutions will fully cooperate with law enforcement authorities and agencies in investigating the suspected lawbreakers and reserves the right to report to law enforcement authorities and agencies of any suspected illegal activity it becomes aware of.
Subject to the terms and conditions of this Agreement, Rediff shall attempt to provide Hosting services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this agreement. You acknowledge and agree that from time to time the Hosting services may be inaccessible or inoperable for any reason, including, without limitation:
1. equipment malfunctions;
2. periodic maintenance procedures or repairs that Rediff may undertake from time to time; or
3. causes beyond the control of Rediff or that are not reasonably foreseeable by Rediff, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You acknowledge and agree that Rediff has no control over availability of Hosting services on a continuous or uninterrupted basis.
You acknowledge that hosting services provided by Rediff are in shared hosting environment, you are responsible for ensuring that there is no excessive overloading on Rediff's DNS or servers. In the event that you consume excessive resources which in the Rediff's sole discretion including, but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity and thereby overload Rediff's DNS or servers, You shall be charged any and all fees, costs, charges and penalties ("amount") associated with such overloading. You agree that Rediff reserves the right to remove your web site temporarily or permanently from its hosting servers or/and penalise you which in the Rediff's sole discretion if your activities threaten the stability of Rediff's network. If you fail to pay the charges/amount levied within 15 days of notice given, your services would be terminated.
You shall not
1. Use over 20% of system resources of the server on which your website is hosted,including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
2. Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
3. Run any type of web spiders or indexers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
6. Participate in any P2P or file-sharing networks.
7. Run any gaming servers.
8. Run cron entries with intervals of less than 30 minutes.
9. Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
10. Use excessive resources which in the Rediff's sole discretion result in damage or degradation to the performance, usage, or experience to other users, other orders, and any of Rediff's services.
11. Use service as a backup/storage device.
12. Use service for any unacceptable or inappropriate material as determined by Rediff in its sole discretion, including but not limited to Bruteforce Programs/Scripts/Applications, Banner-Ad services (commercial banner adrotation) IRC Scripts/Bots, Proxy Scripts/Anonymizers, Topsites, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, Pirated Software/Warez, IP Scanners, Mail Bombers/Spam Scripts, , File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Prime Banks Programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Mailer Pro. **
You acknowledge and agree that Rediff has the right to terminate Your Hosting services at any point of time in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement.
In the event your services are terminated, moving your web site off of the Rediff hosting servers is your responsibility. Rediff will not transfer or FTP your web site to another provider. In the event your Hosting service is terminated, Rediff will not transfer or manage your Hosting or your website content.
4. CONTENT POSTED ON THE SITE:
Redpanchi will investigate and take appropriate legal action in its sole discretion against anyone who violates these terms and conditions, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators without a refund or deleting / blocking any profiles. The following is a non-exhaustive list of Content that is illegal or prohibited
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- provides instructional information about illegal activities such as making or buying illegal weapons or arms and ammunition, violating someone's privacy, or providing or creating computer viruses;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- patently offensive to the online community, for instance Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- displays pornographic, sexually explicit, obscene, vulgar or provocative material of any kind;
- Obscene/Pornographic/Vulgar/Provocative pictures or textual material transmitted in the E-mails;
- False information displayed in order to defame or cause nuisance to Redpanchi or its users or non-users.
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- solicits passwords or personal identification information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- any other content that is deemed to be illegal or of a prohibitory nature;
You agree and undertake that you shall not to host, post, upload, display, modify, publish, transmit, update or share any information content/material that is:
(a) belongs to another person and to which you don’t have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
(b) violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
(c) is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner
(d) promotes or provides any instructional information about illegal activities;
(e) Upload or post any content/material that contain software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
(f) violate any applicable laws or regulations for the time being in force.
(g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
(h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You agree and conform that you shall use the Service in a manner consistent with any and all applicable local, state, Indian and International laws and such other applicable laws, rules and regulations.
Redpanchi India Limited (Redpanchi) reserves its right to modify any information provided by you as user/ registrant/member, for any reasons whatsoever, without any notice, advice or explanation to the user/registrant. The User/Registrant agrees and acknowledges this condition for use of the service of Redpanchi and shall not raise any objection or concern to Redpanchi in this regard.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Rediff Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
5. SUBSCRIPTION SERVICES :
The service is a subscription-based service being offered to all registered users of Redpanchi. Services are provided on 'as is where' basis. The domain registration service is offered on "First Come First Serve" basis. Central Registrar has the sole authority over the Registration of domain name and Redpanchi has no control over the allocation and registration of domain name. Order approval and Payment for domain name does not imply the Registration of the domain name in the Subscriber's name. Only on the receipt of confirmation from Central Registrar, will the domain be considered to be registered in the name of Subscriber.
In the event the domain name chosen by Subscriber cannot be registered in Subscriber's name, the subscription amount paid by such Subscriber shall be refunded with reasonable time.
Redpanchi cannot and will not be held liable for any direct, indirect or punitive loss, incidental, special or consequential damages that may arise out non-registration of domain name in Subscriber's name or out of any and all use of Redpanchi and Rediff Business Solutions Services. For specific criteria & policy on domain renewal, deletion, grace period & redemption period, Redpanchi and these services including the User and the Registrant shall be governed by the terms and conditions prescribed by the Central Registrar i.e., Network Solutions and ICANN **. The said terms and conditions can be accessed on http://www.networksolutions.com.
At the conclusion of the registration period, failure by or on behalf of the Registered Name Holder to consent that the registration be renewed within the time specified in the notice(s) or reminder(s) shall, in the absence of extenuating circumstances, result in cancellation of the registration by the end of the auto-renew grace period (although Registrar may choose to cancel the name earlier). style='Notwithstanding anything contained herein and/or as may be specified by the Central Registrar the auto-renew redemption grace period for the renewal of domain name shall not in any manner exceed 30 days from the date of expiration of the domain name. In the absence of extenuating circumstances (as defined herein), a domain name will be deleted within 30 days of either the registrar or the registrant terminating a registration agreement.
For the purpose of this agreement "extenuating circumstances" are defined as: UDRP action, valid court order, failure of a Registrar's renewal process (which does not include failure of a registrant to respond), the domain name is used by a nameserver that provides DNS service to third-parties (additional time may be required to migrate the records managed by the nameserver), the registrant is subject to bankruptcy proceedings, payment dispute (where a registrant claims to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where a registrant disputes the amount on a bill),domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN**.
6. REGISTRATION :
Registration presumes that the users have read, understood and accepted the said terms and conditions. Where the application for a domain is made/submitted by an agent of the customer or a reseller, they must ensure that these general terms and conditions are validly agreed with the customer. However, this will not affect the responsibility of the customer. The agent or reseller must inform the customer of all announcements and procedures in connection with the domain and take necessary measures on behalf of the customer.
Redpanchi will not intentionally monitor or disclose any private data unless required by law enforcement agencies, regulation or court order. You agree to respect the privacy and confidentiality of others. In addition, Redpanchi may, on its own or as may be directed, provide any information required by the law enforcement authorities for any wrongful/illegal usage of the Services.
You agree to defend, indemnify and hold harmless Redpanchi and Rediff Business Solutions, Redpanchi, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account and contravention of any terms and conditions herein for availing of this service, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights. For the purpose of this clause reference to Redpanchi and Rediff Business Solutions, Redpanchi shall also include the Central Registrar.
9. SERVER USE :
Personal accounts are to be used by the primary/registered owner only. Personal account holders are not permitted to resale, store or give away web-hosting services of their website to third party(ies). Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. You must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it.
Customers may however resale our Reseller packages. Redpanchi and Rediff Business Solutions reserves the right to refuse service and/or access to its servers to anyone.
10. PAYMENT POLICIES :
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established, to the time that the customer notifies us in writing for a request for termination of services. For website designing, SEO services, Clients need to pay 10% additional fee of the total bill amount as penalty after 30 days of bill date for each working week. All clients will automatically bound under this payment terms at the time of order placement. Additional pages will be charged extra. The company reserves the rights to change in terms and conditions of services without the prior notification.
11. CANCELLATION OF ACCOUNTS:
If your account is suspended or terminated for any reason under the terms of this Agreement, Redpanchi and Rediff Business Solutions may, at its sole discretion, permanently delete your website contents from Redpanchi servers, and Redpanchi shall not be able to reopen or restore such content. If your account has been cancelled or suspended due to a violation of our Terms and Conditions, no refunds will be given by the Company.
No refund / cancellation for domain names booked will be made. Further non-usage of the service does not entitle you for a refund of any portion of the payment made to us for this service.
12. TERM OF AGREEMENT/SERVICES:
This Agreement shall continue to be in full force and effect for so long as you are registered against your payment and are using the Services. Either you or Redpanchi may terminate the service at any time, with or without cause. No refund shall be made on account of termination of services. The provisions of Sections 9 and 14 shall survive any such termination.
Redpanchi reserves the right, in its sole discretion, to terminate your access to the services and the related services or any portion thereof at any time, without notice. Redpanchi may also terminate or suspend your access to the services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Redpanchi.
The amount of time that Redpanchi currently considers as an "extended" period of time is 90 (ninety) days. Upon termination of the service, your right to use the Services immediately ceases.
13. DISCLAIMER OF WARRANTIES :
Redpanchi and Rediff Business Solutions IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE Redpanchi and Rediff Business Solutions SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE, NOR FOR THE CONDUCT OF ANY USER AND/OR MEMBER OF THE Redpanchi and Rediff Business Solutions SERVICE WHETHER ONLINE OR OFFLINE. UNDER NO CIRCUMSTANCES WILL Redpanchi and Rediff Business Solutions BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE AND/OR ANY CONTENT POSTED ON THE Redpanchi and Rediff Business Solutions SITE OR TRANSMITTED TO Redpanchi and Rediff Business Solutions MEMBERS.
Redpanchi EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE REDIFF SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REDIFF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU AGREE THAT ANY CONTENT OR MATERIAL TRANSMITTED AND OR DOWNLOADED THROUGH THE USE OF THIS SERVICE WILL BE AT YOUR SOLE RISK AND THAT Redpanchi SHALL NOT BE RESPONSIBLE FOR ANY HARM OR DAMAGE RESULTING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSION OR DOWNLOAD.
YOU SPECIFICALLY AGREE THAT REDIFF SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN REDIFF SITE/SERVICE. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN REDIFF SITE/SERVICE BY ANY THIRD PARTY.
ADVICE RECEIVED VIA THE REDIFF SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
YOU AGREE AND UNDERSTAND THAT Redpanchi SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE OPERATED BY THIRD PARTIES ("LINKED SITES"). WHEN YOU CLICK ON A LINK TO VISIT A LINKED SITE, A FRAME/BROWSER MAY APPEAR THAT CONTAINS THE REDIFF LOGO, ADVERTISEMENTS AND/OR OTHER CONTENT SELECTED BY Redpanchi. YOU AGREE AND ACKNOWLEDGE THAT Redpanchi AND ITS SPONSORS NEITHER ENDORSE NOR ARE AFFILIATED WITH THE LINKED SITE AND ARE NOT RESPONSIBLE FOR ANY CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINK SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOU ALSO ACKNOWLEDGE THAT Redpanchi IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE.
Redpanchi DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES. YOU SHOULD THEREFORE VERIFY THE VERACITY / AUTHENTICITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING, RELYING AND ACTING THEREUPON. Redpanchi SHALL NOT BE RESPONSIBLE, NOR LIABLE FOR ANY CONSEQUENTIAL DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT.
14. LIMITATION OF LIABILITY:
Redpanchi SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN REDIFF SITE/SERVICE, EVEN IF Redpanchi HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE NOR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN REDIFF SITE/SERVICE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. PROPRIETARY RIGHTS TO CONTENT:
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or E-mail distributed, or commercially produced information presented to you by Redpanchi or Redpanchi's suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree and conform that you shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
This agreement will be governed by and construed in accordance with the laws of India without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Redpanchi's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Redpanchi
FURTHERMORE, Redpanchi retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
17. GOVERNING LAW AND JURISDICTION :
This site is owned, operated and maintained by Redpanchi, Mumbai, Maharashtra, India. As such the site is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Redpanchi sites/services. Use of the Redpanchi sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
** Any reference to the third party trademarks, tradename(s) in this document is only indicative of its purpose and is not being used as a trademark. The proprietary rights in the said marks/names are owned by the respective third parties.
- This Mobile Keywords (“Service”) is brought to you by Redpanchi India Limited.
- Redpanchi may at any time modify the terms and conditions (“Terms”) of the Service without any prior notification to you. You can access the latest version of the Terms here at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
- Redpanchi reserves the right to alter, amend, modify or terminate the service or access to the service at any time, with or without cause. Redpanchi reserves the right, in its sole discretion, to terminate your access to the Rediff services and the related services or any portion thereof at any time, without notice.
- To avail of and use the Redpanchi Services you may have to register with Redpanchi. As a part of registration process you agree to provide Redpanchi current, complete, and accurate registration information as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate. If you provide any information that is untrue, inaccurate not current or incomplete or Redpanchi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Redpanchi has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Rediff Services.
- You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to Redpanchi or any of its representative or agent. Membership is non-transferable and you shall not sell, trade or transfer your account or any information contained therein with any other party. You further consent to receive communications from Redpanchi electronically. Redpanchi will communicate with you by email and/or by posting notices on the Site/Service.
- For the purpose of this Agreement the terms defined herein shall have shall have the following meanings ascribed to it:
- “Shortcode” shall mean and include the Short code owned and operated by Redpanchi (presently under no. 57333) or such other short code owned by any telecom service provider with whom Redpanchi has tied up.
- “Mobile Subscriber” / “User” shall mean any person who has subscribed to and/or has access to the services provided by telecom service provider /Operator and includes a person who is interested in business/services promoted by Customer.
- “Telecom Service Provider” / “Operator” shall mean the telecom network service providers with whom Redpanchi has tied up for providing the services through Short Code.
- “Shortcode Keyword” shall mean a unique word availed of by you (subject to availability) which will act as a Keyword for inviting the Mobile Subscribers response through Rediff Shortcode. The said Keyword shall be provided by Redpanchi to you as per your subscription request subject to these terms and conditions. The said Shortcode Keyword shall be promoted by you and shall be used to the invite the response from the Mobile Subscribers by way of SMS to Rediff Short Code and enable Redpanchi to identify the SMS so received from the Mobile Subscribers.
- “Territory” - shall mean the territory of Union of India.
- The Service enables to promote your business, commercial or non-commercial pursuit/activity by way of subscribing and availing of Keyword on Rediff Shortcode (presently 57333). The Service enables you to get the response from your prospective customers, clients, investors, etc. (“User” / “Mobile Subscriber”) by way of Pull SMS.
- You can subscribe to the various packages at the respective prices indicated therein for the respective term/fixed duration.
- The unique Keyword shall be allotted to you subject to availability and on ‘first come first serve’ basis and upon receipt and realization of the respective subscription charges from you. The Service is a subscription-based service being offered to all registered users of Redpanchi. Service is provided on 'as is where is' basis, within the territory of India. Order placement/approval and payment of subscription charges for a keyword does not imply the registration of the keyword in your name. In the event the keyword chosen by you cannot be allotted to your subscription request, the subscription amount paid by you shall be refunded with reasonable time. Keyword once allotted cannot be swapped/exchanged for another Keyword.
- You agree and acknowledge that you shall not select a keyword which is unlawful, illegal, vulgar, abusive, bad, prohibited, hateful, defamatory, discriminatory, intimidating and/or against the public policy or in infringement of any intellectual property rights of any third party. Your Keyword shall serve to identify the SMS received from the Users.
- To avail of the Keyword you will have to provide the details as prompted by the Service.
- You will be provided with an interface through your account which will enable you to configure the response message that will be sent through the Service to the Mobile Subscriber who sends SMS to your Keyword. You shall be able to send only one response message (SMS) to the Mobile Subscriber. You shall not at any time use the Service directly or indirectly to send more than one response message and/or any spam messages.
- You agree and undertake that you shall be solely responsible for the response message and shall ensure that such response message shall not be unlawful, illegal, vulgar, abusive, bad, prohibited, discriminatory, hateful, intimidating and/or against the public policy. The Service also enables you to edit, alter, modify the response message during the said subscription period. You may opt to send the response message through your website by providing the url of your own application which you shall not be able to edit, alter, modify during the subscription term of Keyword. You agree and undertake that you shall be solely responsible for the contents of your application for which you have provided url and shall at all time ensure that no such content shall be unlawful, illegal, vulgar, abusive, bad, prohibited, discriminatory, hateful, intimidating and/or against the public policy.
- You shall be solely liable to promote the Keyword availed by you, including the manner in which User needs to respond on the Keyword and also inform the Users about the cost of SMS that the User will be incurring while sending SMS to your keyword. You further agree that you shall be solely responsible to contact the Users at your own costs and shall ensure that no spam messages are sent to the User.
- You shall be provided an interface which will enable you to access the MIS Reports indicating the details of mobile number of User, date and time when the SMS received from the User.
- In the event you have already availed of any service from Redpanchi and Rediff Business Solutions, the said keyword shall be allotted to you under the said Redpanchi and Rediff Business Solutions account and you shall be abide by and be bound by the respective terms and conditions which are included herein by way of reference.
- You further agree and acknowledge that once the Keyword is provided to you, the same cannot be deactivated by you unless the expiration of subscription period for which you have subscribed. You will be able to renew the subscription period for the said keyword upon the payment of respective subscription charges before the expiration of the expiring subscription period. In the event you do not renew the subscription term of the Keyword, the said Keyword shall be made available for subscription by any other person/entity.
- Redpanchi reserves the right to deactivate, suspend, block and terminate any Keyword, without any notice and any cost, liability, either upon its own knowledge or upon receipt of information from any third party including the law enforcement agency that the said Keyword is being used in violation of these terms and conditions, prejudicial to the interest of Redpanchi.
- You agree and acknowledge that you shall be solely responsible for any complaints received, claims, damages from the Mobile Subscriber in connection with the contact/communication that may be established (either by SMS or call) by you with the Subscriber on the basis of SMS received on the Shortcode Keyword from the Mobile Subscriber and shall keep Redpanchi indemnified from such claims.
- Redpanchi shall not be liable for any direct, indirect or punitive loss, incidental, special or consequential damages that may arise out of registration/non-registration of shortcode keyword in your name or out of any and all your use of Redpanchi and Rediff Business Solutions Services.
- You shall be solely responsible for any and all activity happening through your account. You further represent and warrant that you own or have the necessary licenses, consents, permissions and rights including intellectual property rights and all proprietary rights in the services promoted by you and Redpanchi shall in no way be responsible for any act/pursuit of yours.
- You further agree that you shall not avail of any Keyword for promoting any business/commercial/non-commercial activity of pursuit that is illegal, unlawful, prohibited, against the public policy.
- You further understand and acknowledge that Redpanchi shall not in any manner be liable to refund the amount paid by you, for your inability to use the Service and/or the shortcode keyword availed.
- You shall not in any manner sell, lease, hire, transfer the shortcode keyword availed of by you to any person/entity.
- Certain of the names, logos, and other materials, graphics and content (except all the content submitted by you/other Users) on this site/service constitute the trademarks, proprietary trademarks and trade names of the Redpanchi and the respective third parties or are the copyrighted work owned by Redpanchi and the respective third parties as per the notices displayed therein respectively. You are prohibited to use any such marks.
- You must use the Service in a manner consistent with any and all applicable local, state, Indian and International law and such other applicable laws, rules and regulations. Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Rediff Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
- You expressly agree and undertake that you shall be solely responsible for your conduct and access to this Website/service including but not limited to the consequences of posting/uploading of the content and you expressly relieve Redpanchi from any loss, claim, liability and damages that may arise in connection with your use of this Service.
- Redpanchi does not permit or authorize infringement of intellectual property rights and reserves the right to remove the content without any prior intimation, upon proper notification that such member uploaded content infringes the intellectual property rights including the copyright of the rightful owner.
- Redpanchi reserves the right to terminate your access to the Services at any time without any notice, without any liability, for any reason whatsoever, including if Redpanchi believes that you have violated or acted inconsistently with the spirit of these Terms.
- Redpanchi reserves the right to release current or past member information that Redpanchi believes is in violation of these terms of Service or privacy guidelines, or used to commit unlawful acts, or if the information is subpoenaed, or a request is received from the law enforcement agencies or a court order and/or if Redpanchi deems it necessary and/or appropriate.
- Redpanchi reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the Government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
- Indemnity: You agree to indemnify and hold harmless Redpanchi, its affiliates, its employees, directors, officers, agents, and their successors and assigns from and against any and all civil, criminal and other liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising from or in connection with the contents posted/uploaded by you including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, violation of these terms and conditions and infringement of intellectual property or other rights including but not limited to proprietary rights.
- Disclaimer and limitation of liability: You expressly agree and acknowledge that the use of the service is at their sole risk. The service is provided on an "as is" and "as available" basis. Redpanchi expressly disclaims all warranties of any kind, whether express or implied. Redpanchi makes no warranty that the Services will meet the your requirements, or the services will be uninterrupted, timely, secure, or error free; nor does Redpanchi make any warranty as to the results that may be obtained through the service or that defects in the software/service will be corrected. You understands and agrees that any content and/or data downloaded or otherwise obtained through the use of the service is done at the your own discretion and risk and you will be solely responsible for any damage to their computer systems or loss of data or loss to any property that results from the use of this Site or Service. Redpanchi makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, which you may obtain from Redpanchi or through the service shall create any warranty not expressly made herein. Redpanchi does not endorse in anyway any content/ materials or the expression of the members. Redpanchi shall neither be responsible nor liable for any consequential damages arising on account of you relying on the contents. Redpanchi shall not be liable for any direct, indirect, incidental, special, punitive or consequential loss, damages or for interrupted communications, lost data or lost profits arising out of or in connection with this service, even if Redpanchi has been advised of the possibility of damages, or inability to use the Rediff sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Rediff sites/services, or otherwise arising out of the use of the Rediff sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Redpanchi or any of its suppliers has been advised of the possibility of damages. Redpanchi does not endorse in anyway any advertisers/ contents of advertisers on its web pages including this Service. Please therefore verify the veracity of all information/content on your own before undertaking reliance and actioning thereupon. Redpanchi shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents posted through the Services or any advertisement.
Redpanchi has made this service available to you as a matter of convenience. Redpanchi expressly disclaims any claim or liability arising out of your accessibility to this service, including but not limited to posting/uploading of any content that is obscene, vulgar or pornographic, or altering or distorting the content available under this service in an obscene, vulgar or pornographic manner or violating any rights including the intellectual property rights of any third party.
- Some jurisdictions do not allow the limitation of liability so some of the above limitations may not apply to you.
- Notices and communication: You consent to receive the notices and communication from the Service by email or posting on this Website.
- Jurisdiction: This Agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Rediff sites/services. Use of the Rediff sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Redpanchi, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Rediff sites/services. Redpanchi's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rediff's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Rediff sites/services or information provided to or gathered by Redpanchi with respect to such use.
If you are the rightful owner of the content or an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 (“Rules”), then you may intimate the same to Redpanchi in the following manner:
(a) Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;
(b) Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid “Rules”.
(c) Giving a declaration cum undertaking alongwith necessary documents establishing you (i) as the rightful owner of the content to be disabled, or (ii) as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that Redpanchi and its Management, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relying upon the said request.