Tems of Service (TOS) & Agreement
THIS TERMS OF SERVICES (TOS/AGREEMENT) GOVERNS THE PROVISION OF THE
SERVICES BY CNC Infotech Pvt Ltd (CNC). PLEASE READ THE
FOLLOWING TOS VERY CAREFULLY.
BY ACCESSING AND USING THE SERVICES YOU AGREE TO BE BOUND
BY THE TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, DO NOT
ACCESS OR USE THE SERVICES OR ANCILLARY SOFTWARE.
CNC RESERVES THE RIGHT TO CHANGE OR REVISE THIS TOS AT ANY TIME
BY POSTING ANY CHANGES OR REVISED AGREEMENT
ON THE WEBSITE. THE CHANGED OR REVISED AGREEMENT WILL BE EFFECTIVE
IMMEDIATELY AFTER IT IS POSTED ON THIS WEBSITE. YOUR USE OF THE
SERVICES FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL
CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES OR REVISION. IF
YOU DO NOT AGREE TO SUCH CHANGED OR REVISED AGREEMENT,
IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES. CNC ENCOURAGES
YOU TO REVIEW THIS AGREEMENT WHENEVER YOU VISIT THE WEBSITE TO
MAKE SURE THAT YOU UNDERSTAND THE TERMS OF THE SERVICES PROVIDED
TO YOU.
"Service/s" mean and include Spamblocks Services (and
all other services that we may offer you from time to time at
our sole discretion, and which you may avail as a Customer.)
1. DEFINITIONS
1.1 "Effective Date" shall mean the date on which you
complete you registration process for availing the Services.
1.2 "Service(s)" shall mean and include the
Spamblocks Services provided by us.
1.3 "Registration Application" shall mean the application
available on our Website which is to be filled in by you for availing the Service.
1.4 "You" shall mean the customer who intends to and / or has
registered himself for availing the Service.
1.5 "Website" shall mean the www.spamblocks.net
and www.spamblocks.in websites in connection with the Spamblocks Services.
1.6 "TERM" shall mean the initial one (1) year
period during which this Agreement shall continue to subsist,
and any renewals thereof in accordance with this TOS.
2. THE SPAMBLOCKS SERVICE
2.1 For availing the Service, you are required to fill
and submit the Registration Application. Thereafter, you shall
have access to the Service, subject to our acceptance of your
Registration Application.
2.2 Through Spamblocks Services (the Service(s)), CNC
provides a Service, which prevents and blocks unsolicited and / or inappropriate
emails from persons sending e-mail to you (Senders) prior to
verification by Spamblocks. While we take every reasonable
effort to provide a smooth-running service, we do not guarantee
that the Service will be error-free, secure or uninterrupted.
2.3 We shall send email(s) using your email id, to the
SENDERS, in order to verify and if necessary reverify the identity
of such senders.
Our effort shall be to block all unverified emails from reaching you
during the Term. You agree to notify us if any unwanted or
inappropriate emails reach you at any time during the currency of the Service.
2.4 We reserve the right, without any liability, to modify or
discontinue the Services, completely or partially and either on a
temporary or permanent basis, without any prior notice.
2.5 With a view to aid and facilitate our provision of
the Services to you, you hereby acknowledge and grant us the right
and license on a non-exclusive basis to access your email server,
as specified by you in the Registration Application and transfer
any emails from your server to our server.
3. TYPE OF SERVICES
3.1 You shall be able to avail the Services
free of charge from the Effective Date. For the Service rendered f
ree of charge in accordance with this clause, we reserve the right
to place advertisements in e-mails.
3.2 PAID ACCOUNTS The fees structure and the
mode of payments will be put up on our Website.
The term of the agreement is for one (1) year, unless specified
otherwise. We reserve the right to revise the fees at anytime at
our sole discretion. Such revision shall be effective immediately
upon (i) posting of the notice to that effect on the Website;
or (ii) on receipt of the notice by you from CNC whichever is
earlier.
4. PROVISION OF INFORMATION
4.1 As part of the registration process, You agree
(i) to provide us with true, accurate, current and
complete information as prompted by the Registration Application
(such information being the "Registration Data"/ "RD");
(ii) to maintain and promptly update the RD to keep it true,
accurate, current and complete and therefore you shall
immediately notify us of any change in any information
disclosed by you. If you suspect an error in the RD information
supplied to us, you shall immediately make 'best efforts'
to correct the error wherever possible or inform us in
writing. We are not responsible for any loss or damage caused
to you due to non-compliance with this clause. Failure by
you to provide us with accurate information shall be
considered as a material breach of this Agreement.
This information includes but is not restricted to:
4.1.1 the full name, postal address, e-mail
address, voice telephone number, and fax number (if any) of:
(i) Customer (you) (ii) your administrative contact;
(iii) your technical contact; (iv) your billing contact.
CNC reserves the right to terminate your use of the Services and
refuse to provide you with any and all current or future use of
the Services if CNC, at its sole discretion, determines that
any of your registration data is untrue, inaccurate, not current
or incomplete.
4.2 Any failure to respond for over 3 calendar
days to our inquiries addressed to you or your administrative,
billing or technical contact with respect to the registration
Application, concerning the accuracy of contact details
associated with the Registration Application, shall
constitute a material breach of this Agreement.
4.3 You expressly hereby agree and allow us,
upon submission of the Registration Application and provision
of all necessary information as stated in Clause 4.1 above by
you, to obtain necessary information from your computer,
including but not limited to information pertaining to your
Internet address, browser type, operating software, computer
language and email type and such other computer registry information.
5. YOUR OBLIGATIONS
5.1 You will not use the Services for any
illegal purposes. You shall abide by and comply with (1) all
applicable laws while using of the Services, and (2) all
requirements, procedures, policies and regulations
of networks connected to the Services.
5.2 You will not interfere with or disrupt (i)
the use and enjoyment of the Services by other users; or (ii)
the Services or servers or networks connected to the Services
(including, without limitation, any attempt to gain
unauthorized access to other computer systems or networks
connected to the Services).
5.3 You shall not resell the Services or the
use of or access to the Services.
5.4 We request You to inform us of any violations of
the terms of this Agreement by other users of the Services of
which You become aware.
6. PROPRIETY RIGHTS
ALL CONTENT, INCLUDING BUTNOT LIMITED TO TEXT, SOFTWARE.
MUSIC, SOUND PHOTOGAPH, VIDEO, OR OTHER MATERIAL CONTAINED IN
VENDOR OR OTHER SPONSOR ADVERTISEMENTS OR INFORMATION PRESENTED TO
YOU AS PART OF THE SERVICES, MAY BE PROTECTED BY INTELLECTUAL
PROPERTY OR OTHER PROPEREITARY RIGHTS AND LAWS. YOU ARE PERMITTED
TO USE THIS MATERIAL AND INFORMATION ONLY AS EXPRESSLY AUHTORISED
BY CNC OR ITS ADVERTISERS, AND YOU ARE NOT PERMITTED TO COPY,
REPRODUCE, TRANSMIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS OF
SUCH CONTENT OR INFORMATION WITHOUT EXPRESS WRITTEN
AUTHORISATION FROM CNC IN EACH INSTANCE.
7. SECURITY AND PRIVACY
7.1 Security : Upon completion of
the registration process, you shall
be asked to choose a user name and password and thereafter an
account number shall be allotted to you. We do not guarantee the
security of the records or information including passwords /
passphrase pertaining to your account and all risks in connection
therewith shall be borne solely by you. You assume all risks and
liabilities arising out of fraudulent, unauthorized or illegal
activity with respect to the use of your account, account number
and related records.
7.2 Privacy Policy : We believe in
protecting your privacy and make best efforts to protect it.
Unless so required in order to provide the Services to you,
we will not disclose your personal identifiable information to
third parties without your express permission. Before using
any data affecting your privacy, for purposes other than for
which it was supplied we will inform you of the same.
8. GUARANTEE
You hereby expressly acknowledge and accept that though we shall
adopt all reasonable efforts to make the Services effective,
however we do not guarantee that the Services will block all
unwanted emails. Further, we also do not guarantee that the
Services will be uninterrupted or error free.
9. WARRANTY
9.1 EXCEPT AS WARRANTED IN THIS TOS, WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, VALIDITY,
INTEGRITY, CURRENTNESS, ADEQUACY & COMPLETENESS, AND ANY
WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WE FUTHER SPECIFICALLY DISCLAIM ANY WARRANTY IN CONNECTION WITH
THE FUNCTIONS CONTAINED HEREIN INCLUDING ANY WARRANTY
GUARANTEEING THAT THE SERVICES SHALL MEET THE CUSTOMER'S REQUIREMENTS,
OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR
THAT DEFECTS IN SERVICES WILL BE RECTIFIED BY US. IN PARTICULAR,
AND WIITHOUT PREJUDICE TO THE ABOVE, WE DO NOT give any warranty:
9.1.1 that the Service will be uninterrupted, timely,
secure, or error free;
9.1.2 as to the results that may be obtained from the
use of the Service or as to the accuracy or reliability of the
Service.
9.1.3 as to the title, authority or non-infringement
in the Service.
9.1.4 that the research, development, marketing,
distribution, use or sale of the Service will not infringe any
patent, copyright or other right of any third party.
9.1.5 regarding any service obtained or purchased
through or from any other service provider to whom we have
provided a link through the Service or any transactions entered
into through the Service.
9.1.6 that the Service would be virus free.
9.2 We shall be not responsible or liable for the
authenticity, accuracy, completeness, errors, omission, typographic
errors, disruption, delay, interruption, failure, deletion,
defect of any information in this Service or Web site or any part
thereof.
9.3 In the event the server may need to be changed,
reconfigured or for any similar reason there is any delay, loss or
damage to, the Service, or any data or information it is agreed
that we will in no circumstance be responsible for any such loss,
delay or damage to You. It is agreed that such events as
mentioned above may cause you some inconvenience and/or
damage, but at no point of time will you hold us responsible for
the inconvenience or damage caused to you.
9.4 We shall be neither responsible nor liable
for any deficiency that may be caused to your Service or any
external pointing service that may be caused due to the change
of your RD for any reason whatsoever. In the event you are planning
to change your RD then you undertake to furnish
this RD to us at least 15 days days in advance of the days in
which you are planning to make the actual changes to your RD and
we are to be given at least 8 days days before which we are to
make the required changes in
order to provide you with the Service.
You acknowledge that the Services are not guaranteed to block all
undesired emails and that you may continue to receive such emails.
Further, you understand and acknowledge that despite the exercise of
commercially reasonable efforts on our part, your emails may be
delayed or inadvertently lost.
10. LIMITATION OF LIABILITY
10.1 You agree that we, our contractors, agents,
representatives,
employees, directors shall not be liable to you or any third party for any
direct, indirect, incidental, special, consequential or exemplary damage,
loss, claim, expense or costs, (including, but not limited to, damages
caused by any virus, personal injury, loss of profits, data, business
interruption, loss of privacy, or any other pecuniary loss) resulting from
the use/delivery/performance or the inability to use/deliver/perform the
Service or for cost of procurement of substitute goods and repair &
correction services or resulting from the Service subscribed to or
obtained or messages received or transactions entered into through or from
the Service or resulting from unauthorized access to or alteration of your
transmissions or data, even if we have been advised of the possibility of
such damages.
10.2. You agree that we, our contractors, agents, representatives,
employees, directors shall not be liable to you or any third party for any
direct, indirect, incidental, special , consequential or exemplary damage,
loss, claim, expense or costs, (including, but not limited to, damages
caused by any virus, personal injury, loss of profits, data, business
interruption, loss of privacy, or any other pecuniary loss) resulting
from:
10.2.1 use of or inability to use the Service;
10.2.2 interruption, suspension or termination of
Service, whether such interruption, suspension or termination was
justified or not, negligent or intentional, inadvertent or advertent.
10.2.4 any unauthorized use of your credit card number
or any misappropriation of payments due to use of any Service on
our Web site.
10.2.5 any virus that may enter your system as a result
of you using the Service.
10.2.6 actions of any employee or any person who acts
beyond his/her authority and who may be associated us now or in
the future and who may have access to Registration Data relating to you.
10.2.7 delay or interruptions in access to our website or the Services;
10.2.8 data non-delivery or mis-delivery between us and You;
10.2.9 unauthorised use of your account or of the Services;
10.2.10 errors, omissions or mis-statements;
10.2.11 processing of updated information to your registration records;
10.2.12 force majeure events.
10.2.13 any lapse in the services including inability
to successfully block all unwanted email;
10.2.14 delay or non-receipt of emails by you owing to
the Services.
10.3 In no event will our entire liability for any
claim, whether in contract, tort, or any other theory of liability,
exceed the greater of the amount actually paid by you for subscribing
to the Service, if applicable, or Rupees 100.
11. REPRESENTATION AND WARRANTIES
11.1 Each Party hereby represents and warrants that:
11.1.1 it has all requisite power and authority to
execute, deliver and perform this Agreement and the terms and
conditions contained herein;
11.1.2 this Agreement has been validly executed and
delivered and constitutes a legal, valid and binding obligation
on either Party;
11.1.3 the execution, delivery and performance of this
Agreement does not in any way conflict or violate any provision of
law, rule, judgment, order or any other contract applicable to
such Party;
11.1.4 such Party is permitted and eligible to execute
and perform this Agreement under the laws of their respective countries.
12. INDEMNIFICATION
12.1 You agree to indemnify and hold us and /
or each of our agent and contractor harmless and keep them at
all times fully indemnified and harmless from and against all
actions, proceedings, claims, liabilities (including statutory
liability), penalties, demands and costs (including without
limitation, reimbursement of any loss suffered by us and / or
each of our agent and contractor and their legal costs), awards,
damages, losses and / or expenses, including reasonable
attorney's fees, made by any third party due to or arising out of :
a. Your use of this Website, the Service, or the violation,
breach or non-performance of this TOS, any intellectual
property or any other right of any person or entity by You.
b. the violation due to any acts or omissions of any of the
terms and conditions of this TOS,
c. legal claims made by third parties relating to
any mis-statement or inaccurate disclosure made by You or misuse
of the Services by You.
12.2 Our indemnification rights under this Agreement
are independent of, and in addition to, such other rights and
remedies that we may have at law or in equity or otherwise and
will surive termination of this TOS.
13. TERMINATION AND CONSEQUENCES
13.1 The term of this Agreement shall commence on the
Effective Date and shall continue subject to your continued
payment of the Fees, unless terminated as per the provisions of
this TOS.
13.2 Either Party may terminate this Agreement at any
time by:
13.2.1 giving a 30 (Thirty) days written notice of
termination;
13.2.2 With immediate effect, if the other Party is
adjudged insolvent or bankrupt, or if proceedings are instituted
by or against a Party seeking relief, reorganization or
arrangement or compromise or settlement under
any laws relating to insolvency, or seeking any assignment for
the benefit of creditors, or seeking the appointment of a
receiver, liquidator or trustee of a Party's property or assets
or the liquidation, dissolution or winding up of a Party's
business.
13.3 We may terminate this Agreement or either
temporarily or indefinitely terminate Your access to the Service,
with or without prior notice if:
13.3.1 You or your agent, employee or authorized
representative violate
any of the terms of the TOS or we have grounds to believe that You
have violated any term of this TOS;
13.3.2 You provide any information that is untrue,
inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete or there was
a material misrepresentation and/or material inaccuracy, and/or
materially misleading statement in Your application for procuring
Services or in any material / document accompanying the application;
13.3.3 You or your agent, employee, director or authorized
representative are convicted of a felony or other serious offense
related to financial
activities, or is judged by a court to have committed fraud or
breach of fiduciary duty, or is the subject of a judicial
determination that we reasonably deem as the substantive
equivalent of any of these; or is disciplined by the government of
its domicile for conduct involving dishonesty or misuse of funds
of others.
13.4 You shall be immediately liable for any damages
caused by any breach of any TOS.
13.5 It is agreed that in the event we terminate Your
Service because You do not make the payments on a timely basis,
we have the right to suspend the Service immediately and take
such other steps as may be permissible.
13.6 We have the sole discretion to discontinue the
Service indefinitely if in our opinion your website is the cause
of any activity that could adversely effect us in anyway.
13.7 You also agree that Your sole remedy under this
TOS is cancellation of the Service.
13.8 Any pending balance due from You at the time of
termination of this TOS will be immediately payable.
13.9 We shall not be liable to You for damages of any
sort resulting solely from terminating this TOS in accordance
with its terms, unless specified otherwise.
14. Miscellaneous
14.1 This TOS is governed by the laws of the Republic
of India. You consent to the exclusive jurisdiction and venue of
courts in Mumbai, India in all disputes arising out of or relating
to the use of this Web site or Service. Use of this Web site is
unauthorized in any jurisdiction that does not give effect to all
provisions of this TOS, including without limitation, this paragraph.
14.2 Assignment: Except as otherwise expressly provided
herein, the provisions of this agreement shall inure to the benefit
of and be binding upon, the successors and assigns of the Parties;
provided, however, that any such successor or assign be permitted
pursuant to our articles, bylaws or policies. You shall not assign,
sublicense or transfer your rights or obligations under this Agreement
to any third person/s except as authorized herein or with our prior
written consent.
14.3 Confidentiality: You might come into possession of
our proprietary and confidential information (Confidential
Information). You shall at all times keep Confidential Information
confidential and use all reasonable efforts, including implementing
reasonable physical security
measures and operating procedures, to preserve the secrecy and
confidentiality of all Confidential Information. You shall not at
any time, without our prior written approval make any disclosures
whatsoever of any Confidential Information to others. If you are
not an Individual you may disclose the Confidential Information to
your officers and employees only on need to know basis and you
shall advise such personnel of the confidential nature of the
Confidential Information and of the procedures required to
maintain the confidentiality thereof. You shall not modify or
remove any confidentiality legends and/or copyright notices
appearing on any Confidential Information.
14.4 You agree that no joint venture, partnership,
employment, or agency relationship exists between us as a result
of this TOS or use of this Website.
14.5 If any part of this TOS is determined to be
invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the TOS shall continue in effect.
14.6 This TOS constitutes the entire agreement between
us with respect to this Website and Service and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written between us with respect to this Web
site and Service.
14.7 Force Majeure: Neither Party shall be liable to
the other Party for any loss or damage resulting from any cause
beyond its reasonable control including act of God, earthquake,
flood, fire, storm, natural disaster, war, terrorism, armed conflict,
labor strike, lockout, or boycott (Force Majeure Event).
14.8 Taxes: You shall be responsible for sales tax,
consumption tax, transfer duty, custom duty, octroi duty, excise
duty, income tax, and all other taxes and duties, whether
international, national, state or local, however designated, which
are levied or imposed or may be levied or imposed, with respect to
this agreement and the Services.
14.9 Delays Or Omissions; Waivers: No failure on the
part of any party to exercise any power, right, privilege or
remedy (Right) under this TOS, and no delay on the part of any
Party in exercising any Right under this TOS, shall operate as a
waiver of such Right; and no single or
partial exercise or waiver of any such Right shall preclude any
other or further exercise thereof or of any other Right. No Party
shall be deemed to have waived any claim arising out of this TOS,
or any Right under this TOS, unless the waiver of such claim or
Right is expressly set forth in a written instrument duly executed
on behalf of such Party; and any such waiver shall not be applicable
or have any effect except in the specific instance in which it is
given. No waiver of any of the provisions of this
TOS shall be deemed to constitute a waiver of any other provision
(whether or not similar), nor shall such waiver constitute a
waiver or continuing waiver unless otherwise expressly provided
in writing duly executed.
14.10 Notices -
Any notice or other communications required or permitted
hereunder to any Party shall be in writing and shall be either
personally delivered or sent by reputed overnight courier service,
or transmitted by facsimile (with confirming copy sent by reputed
overnight courier service), or sent by registered post acknowledgment
due to the following addresses:
If to CNC Infotech Pvt Ltd
Attn : Yogini Chandarana
103, Bhoomi Utsav,
M.G Road, Kandivali West,
Mumbai 400067. India
Telephone : +91.22.66952725
If to You
At the address/contact details provided by you to us.
Such notices and other communication duly given shall be deemed to
be effective only upon actual receipt. In the event of any change
in addresses mentioned above, the respective Party shall notify the
other Party about the same in accordance with the provisions of
this Clause.
14.11 Agreement To Be Bound
By applying for the Services through CNC's online registration process or
otherwise,or by using the services, you acknowledge that you have
read and agree to be bound by all terms and conditions of this
agreement and documents incorporated by reference.
I HAVE READ AND UNDERSTAND THE FOREOING AGREEMENT AND AGREE TO BE
BOUND BY ALL ITS TERMS AND CONDITIONS
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