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Minimum Age Requirement:
Ebizpromo customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept this Agreement in order for the Minor to become a Ebizpromo customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for Ebizpromo services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Ebizpromo's express written consent to the contrary. Any acceptance of this Agreement or any other agreement for Ebizpromo's services will be deemed null and void to the extent that Ebizpromo will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Ebizpromo's services.
Force Majeure:
Ebizpromo will not be liable for delays in its performance of this Agreement or Ebizpromo services caused by circumstances beyond Ebizpromo's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Ebizpromo will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment Any waiver, modification, or amendment of any provision of this Agreement or other agreement for Ebizpromo services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Ebizpromo.
Independent Contractors:
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Ebizpromo and its customers. Each of Ebizpromo and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein. |
Construction and Interpretation:
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.
Governing Law; Jurisdiction:
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Gujarat, Ahmedabad. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A Gujarat STATE, Ahmedabad. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Entire Agreement:
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or Ebizpromo, the terms and conditions of this Agreement shall control.
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Acceptable Use Policy (AUP)
All users of Ebizpromo's services, and all customers upon signing up for Ebizpromo's services, agree to comply with Ebizpromo's Acceptable Use Policy ("AUP"). The spirit of the AUP is to ensure customers are using Ebizpromo's services with due regard to the rights of other Internet users and in conformity with the requirements of Ebizpromo's network environment. The AUP are not exhaustive and Ebizpromo reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon either the posting of the modified AUP to www.Ebizpromo or notification of the modified AUP. Any complaints about a customer's violation of the AUP should be sent to Ebizpromo's abuse department via Email.
Acceptable Use Policy (AUP) Violations:
Violation of the AUP is strictly prohibited. Any violation will result in immediate suspension, termination and/or compensations awarded to Ebizpromo for damages caused by these violations as detailed in this Policy. You shall remain solely liable and responsible for your use of the Plan(s) and any all content that you display, upload, download, or transmit through the use of the Plan(s). Ebizpromo will be the sole arbiter as to what constitutes a violation of this policy.
Illegal Use:
Ebizpromo servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Ebizpromo services, all Ebizpromo customers certify that they and/or the organization they represent in procuring services from Ebizpromo are not, nor have been designated, a suspected terrorist.
Usage of allotted Resources:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Ebizpromo will monitor Customer's bandwidth and disk usage. Ebizpromo shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Ebizpromo's sole and absolute discretion. If Ebizpromo takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Usage of Server Resources:
Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of Ebizpromo's servers. Any violation of this policy may result in corrective action by Ebizpromo, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Ebizpromo's sole and absolute discretion. If Ebizpromo takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
E-mail Spamming:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Ebizpromo's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Ebizpromo server, and selling or distributing software (on a Web site residing on a Ebizpromo server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Ebizpromo reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. |
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