OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Bighostz a webhosting company of Softwings Technologies , registered address 11/4, Pooja Garden, Kalapatti Main Road,Civil Aerodrome Post,Coimbatore – 641014 (“Bighostz”) and you, and is made effective as of the date of your use of this website or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site, and is in addition to any specific terms and conditions that apply to the particular Services. Bighostz assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
ELIGIBILITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable laws of the India jurisdiction, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India jurisdiction. 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”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Bighostz 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. Bighostz shall not be liable for any loss or damage resulting from Bighostz’s reliance on any instruction, notice, document or communication reasonably believed by Bighostz to be genuine and originating from an authorized representative of your corporate entity.
ACCOUNTS
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Bighostz that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Bighostz has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Bighostz reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Bighostz recommends that you change your password at least once every six (6) months for each Account.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. All policy applied by under the laws of the India jurisdiction
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Bighostz. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable under the laws of the India jurisdiction & regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by Bighostz in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Bighostz or Bighostz’s Services.
COMPLIANCE WITH LOCAL LAWS
Bighostz makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Bighostz (A Softwings Technologies Company)
11/4, Pooja Garden,
Kalapatti Main Road,
Civil Aerodrome Post,
Coimbatore – 641014,
Tamilnadu, India