Terms & Conditions


I (a) DOMAIN NAME

1. AGREEMENT

In this Service ("Agreement") "you" and "your" allude to every client, "we", us" and "our" allude to Purpleno. (hereinafter alluded to as Purpleno) and Services alludes to the administrations gave by us. This Agreement discloses our commitments to you, and discloses your commitments to us for different Services. By choosing our Services you have consented to build up a record with us for such Services. The statement 19 sets out the extra arrangements particular to .business; .asia; .me and .tel TLD space name enlistment. When you utilize your record or allow another person to utilize it to buy or generally get access to extra Services or to wipe out your Services (regardless of the possibility that we were not informed of such approval), this Agreement covers such administration or activities. By utilizing the Services under this Agreement, you recognize that you have perused and consent to be bound by all terms and states of this Agreement and by any germane tenets or arrangements that are or might be distributed/sent by us.

2. SELECTION OF DOMAIN NAME

We can't check and are not commit to see whether the area name you select/exchange, or the utilization you make of the space name, encroaches legitimate privileges of others. We encourage you to explore to see whether the space name you select or its utilization encroaches lawful privileges of others, and specifically we propose you look for exhortation of capable advice. You may wish to consider looking for at least one trademark enlistments regarding your area name. You ought to know that there is the likelihood we may be requested by a court to scratch off, alter, or exchange your area name. You ought to know that in the event that we are sued or undermined with claim regarding your space name, we may swing to you to hold us safe and repay us.

3. RIGHT & RESPONSIBILITIES OF PARTIES

a) You might give to us exact and dependable contact subtle elements and quickly right and refresh them amid the term of the space enlistment, including: the full name, postal address, email address, voice phone number, and fax number if accessible; name of approved individual for contact purposes in the event that you are an association, affiliation, or company.

b) Your stubborn arrangement of incorrect or problematic data, hardheaded inability to immediately refresh data gave to us, or your inability to react for more than fifteen (15) timetable days to request by us concerning the exactness of contact points of interest related with your space enrollment might constitute a material break of the understanding and be a reason for cancelation of the area enlistment.

c) On the off chance that you expects to permit utilization of the space name to an outsider, regardless, you are in charge of giving its own particular full contact data and for giving and refreshing exact specialized and managerial contact data satisfactory to encourage opportune determination of any issues that emerge regarding the area. The Registrant permitting the utilization of an area as per this arrangement should acknowledge risk for mischief brought about by wrongful utilization of the space, unless it immediately unveils the present contact data gave by the licensee and the character of the licensee to a gathering giving the Registrant sensible confirmation of noteworthy damage.

d) You may confine the measure of individual data that a Registrar makes accessible in a WHOIS inquiry. To do as such, the name might be enrolled through a security benefit (permitting you to hide individual recognizing data and regularly supplanting it with the data of the protection benefit). Be that as it may, in such conditions additionally, you are required give to us the exact and dependable contact subtle elements and speedily right and refresh them amid the term of the area enrollment, including: the full name, postal address, email address, voice phone number, and fax number if accessible; name of approved individual for contact purposes in the event that you are an association, affiliation, or partnership. You should will undoubtedly give us the exact and finish data as required under WHOIS, which however not distributed but rather be kept up in our database.

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

  • (i)  The reasons for which any Personal Data gathered from the candidate/registrant are planned;
  • (ii)  The proposed beneficiaries or classes of beneficiaries of the information (counting the Registry Operator and other people who will get the information from Registry Operator);
  • (iii)  Which information are compulsory and which information, assuming any, are willful; and
  • (iv)  How the Registrant or information subject can get to and, if important, redress the information held about them.

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

g) You might speak to that notice has been given proportionate to that portrayed in Clause (d) to any outsider people whose Personal Data are provided to the Company by you, and that you have gotten agree equal to that alluded to in Clause (e) of any such outsider people.

h) You might speak to that notice has been given equal to that depicted in Clause (d) to any outsider people whose Personal Data are provided to the Company by you, and that you have acquired agree equal to that alluded to in Clause (e) of any such outsider people.

i) We concur that we will avoid potential risk to shield Personal Data from misfortune, abuse, unapproved get to or exposure, change, or pulverization.

j) We might keep up the secrecy of the WHOIS information gave by you under the Privacy Service, be that as it may we should have the privilege to uncover such data, with no earlier implication to you, to any administrative expert or to whatever other individual whom we should esteem required to be given.

k) You should speak to that, to the best of your insight and conviction, neither the enrollment of the area Name nor the way in which it is straightforwardly or in a roundabout way utilized, encroaches the lawful privileges of any outsider.

l) For the settling of debate concerning or emerging from utilization of the space name, you should submit, without partiality to other possibly appropriate purviews, to the locale of the courts (1) of your home and (2) where we are found.

m) You might concur that the enlistment of the space name should be liable to suspension, cancelation, or exchange in accordance with any ICANN embraced detail or strategy, or in accordance with any recorder or registry technique not conflicting with an ICANN received particular or approach, (1) to right slip-ups by Registrar or the Registry Operator in enrolling the name or (2) for the determination of question concerning the area name.

n) You should reimburse and hold safe the Company, and its executives, officers, workers, and operators from and against all cases, harms, liabilities, expenses, and costs (counting sensible lawful charges and costs) emerging out of or identified with your area name enrollment.

4. FEES PAYMENT AND TERM

As thought for the Services you have chosen, you consent to pay us the material service(s) expenses. All charges payable hereunder are non-refundable unless we give generally. As further thought for the Services, you consent to: (1) give present, finish and exact data about you as required for the enrollment procedure and (2) keep up and refresh this data as expected to keep it present, finish and precise. All such data might be alluded to as record data ("Account Information"). You therefore allow us the privilege to uncover to outsiders such Account Information. The Registrant, by finishing and presenting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), speaks to that the announcements in its application are valid and that the enlistment of the chose Domain Name, so far as the Registrant knows, does not meddle with or encroach upon the legitimate privileges of any outsider. The Registrant likewise speaks to that the Domain Name is not being enlisted/exchanged for any unlawful reason.

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

  • (i)  Name of the registrant
  • (ii)  Email address of the registrant
  • (iii)  Address of registrant
  • (iv)  Logo of purpleno.com (site from which the domain is registered)
  • (v)  Logo of Purpleno (server on which domain is hosted initially)

Domain Name can be connected for a time of 1 to 10 years (least period 1 year yet if there should arise an occurrence of .business, .information and .asia least period 2 yrs.) from the date of the enlistment. You can apply for restoration of the enlistment for further time of 1 to 10 years on installment of recharging expenses material at the season of re-enrollment, and terms and conditions as relevant at the season of re-enlistment. The installment for re-enlistment must be gotten no less than 15 days before the date of expiry generally re-enrollment of a similar space name might not be allowed. You recognize and concur that Purpleno can't ensure that you will have the capacity to enlist or reestablish a coveted space name even, if a request demonstrates that area name is accessible, since Purpleno can't know with conviction regardless of whether the space name which you are trying to enroll is all the while being looked for by third party(s), or whether there are any mistakes or blunders in the area name enlistment or restoration prepare or related databases, including the different WHOIS databases. You additionally concur that Purpleno may choose to acknowledge or dismiss your application for enrollment or reestablishment for any reason at its sole prudence.

All installments are to be made for "Purpleno." payable at kolkata and are to be sent at the postage information as said in provision 20 of this understanding by messenger/enlisted post. No outstation checks are acknowledged. At the back of the check/Demand draft you are required to say your Order ID and space name(s) you have booked against each request ID. In the event that installment is made with Credit Card then the registrant is required to send at the sole attentiveness of Purpleno, where it regards fit a Confirmation Letter (see Annexure I) properly marked by him through fax/messenger/enlisted post. Purpleno maintains whatever authority is needed to stop the administrations, in the event that the affirmation letter as required is not gotten back inside 10 days of assignment of Order ID Number.

Your area name application, recharging application or enlistment center exchange demand won't be submitted to the relevant registry unless we get real installment of the enrollment, restoration or exchange charge or sensible affirmation of installment of the enrollment, reestablishment or exchange expense from some other element (such sensible confirmation as dictated by Purpleno at its sole prudence). In case of a charge back by a Mastercard organization or disrespect of check/request draft regarding your installment for the enlistment, recharging or recorder exchange ask for, you recognize and concur that the enrollment should be exchanged to Purpleno as the substance that has paid the enlistment, reestablishment or exchange expense for that enlistment to registry, and that we save all rights in regards to such space name including, without impediment, the privilege to make the area name accessible to different gatherings for procurement. We will reestablish any such enlistment exclusively at our tact, and subject to our receipt of the material enrollment, recharging or exchange expense.

According to the ICANN Policy the Registrar might send atleast two update sends/notice to the Registrant for a space moving toward expiry. It is likewise the duty of the registrant to restore the space name on convenient premise. Be that as it may, at the finish of the enrollment time frame , disappointment by the Registrant neglects to pay the recharging charge inside the predetermined time as said in the second update see/mail, brings about cancelation of the space enlistment. We may send you more than two update sends for restoration preceding the date when a recharging is expected. (In spite of the fact that restoration update is computerized, We owe no duty on the off chance that we neglect to advise before due date. You are asked for to make the installment for recharging as and when due). Area reestablishment status can be checked by you from the control board gave to you. Ought to a restoration expense go unpaid inside the time indicated with respect to recharging, the enrollment will be wiped out. Installment must be made with check/request draft/Mastercard or such other technique as we may demonstrate in the enrollment application or recharging structure. We will recharge the enlistment for the term determined, gave your charge card or other charging data is accessible and cutting-edge, unless you educate us generally inside the time indicated. On the off chance that you're charging data is not exact and you wish to restore the enrollment, we will get in touch with you to refresh this data and charge you in like manner.

On the off chance that the essential installment is not gotten since it is expected, then we can quit giving administrations to you and the stoppage of administration because of non installment or whatever other reason inferable from you can not be held as " plan to bring about wrongful misfortune or harm to the general population or any individual and neither one of the its can be developed to reduce the esteem or utility or influence you damagingly'. Discontinuance of administration by Purpleno because of non installment of duty or some other reason owing to you doesn't add up to Hacking.

5. MODIFICATION OF AGREEMENT

You concur, amid the time of this Agreement, that we may: (1) reexamine the terms and states of this Agreement; and (2) change the administrations gave under this Agreement. Any such modification or change will tie and taking effect right now on posting of the updated Agreement or change to the service(s) on our site, or on notice to you by email or normal mail according to the Notices statement of this understanding, Clause 20. You consent to audit our site, including the Agreement, intermittently to know about any such corrections. In the event that you don't concur with any correction to the Agreement, you may end this Agreement whenever by furnishing us with notice by email or general mail according to the Notice provision of this understanding, Clause 20. Notice of your end will be successful on receipt and handling by us. You concur that, by keeping on utilizing the Services taking after notice of any update to this Agreement or change in service(s), you comply with any such corrections or changes. You additionally concur that we, in our sole carefulness, may change our Domain Name Dispute Policy whenever. You concur that, by keeping up the reservation or enlistment of your space name after changes to the Dispute Policy get to be distinctly successful, you have consented to these alterations. You recognize that in the event that you don't consent to any such alterations, you may ask for that your area name be erased from the space name database.

6. MODIFICATION TO YOUR ACCOUNT

Keeping in mind the end goal to change any of your record data with us, you should utilize your ID (that you were relegated when you opened your record with us) and Password (that you use to login to your board). Kindly protect your Account Identifier i.e. the ID and Password from any unapproved utilize. In no occasion we will be at risk for the unapproved utilize or abuse of your ID or Password. However handling of any exchange identifying with your space, may require certain adjustment, for which purposes you approve us to alter you area points of interest for preparing your asked for exchange for your benefit. That such change to your area points of interest will be re-established back inside 30 days from the date when the asked for exchange has been effectively executed.

7. DOMAIN NAME DISPUTE POLICY

In the event that you held or enlisted an area name through us, or exchanged a space name to us from another recorder, you consent to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is consolidated in this and made a piece of this Agreement by reference. It would be ideal if you set aside the opportunity to acquaint yourself with the debate approach. ICANN claim all authority to alter the question approach and the minute changed debate strategy is placed in our site, the adjusted question arrangement is appropriate.

8. DOMAIN NAME DISPUTES

You concur that, if the enlistment or reservation or exchange of your space name is tested by an outsider, you will be liable to the arrangements determined in the Dispute Policy in actuality at the season of the question. You concur that in the occasion an area name debate emerges with any outsider, you will repay and hold us safe according to the terms and conditions contained in the Dispute Policy.

9. DOMAIN NAME RENEWALS AND DELETION POLICY

On the off chance that you neglect to restore your area name, the space names under Purpleno will be re-established naturally by Purpleno for your benefit for a time of one (1) Year. After auto restoration of your area name by Purpleno you will have a Renewal Grace Period of 38 days amid which you may repay Purpleno its re-establishment expense and keep your space name. That a Domain under Renewal Grace Period should on expiry of 21st day be put on HOLD (i.e. area gets impaired and all administrations like facilitating/mailing gets halted). In the event that you don't repay Purpleno such re-establishment charges amid the restoration elegance period your space with Hold status should be hailed for cancellation on the 38th Day, after which you will have a 30-day recovery period amid which you may pay Purpleno Redemption expense and recharging charges and reclaim your area name from the Registry. The most extreme reclamation charge is INR 10,000/ - and is liable to change under the terms of this understanding. On the off chance that you don't recover your area name preceding the finish of the Redemption Period the Registry will discharge your name and it will get to be distinctly accessible for enrolment on a first-start things out served premise.

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 concur that our whole obligation, and your restrictive cure, concerning any Services(s) gave under this Agreement and any rupture of this Agreement is exclusively constrained to the sum you paid for such Service(s). Our contractual workers and we might not be at risk for any immediate, roundabout, coincidental, exceptional or important harms coming about because of the utilization or powerlessness to utilize any of the Services or for the cost of obtainment of substitute administrations. We repudiate any misfortune or risk coming about because of, yet not restricted to: (1) misfortune or obligation coming about because of get to deferrals or get to intrusions; (2) misfortune or obligation coming about because of information non-conveyance or information mis-conveyance; (3) misfortune or obligation coming about because of demonstrations of God; (4) misfortune or obligation coming about because of the unapproved utilize or abuse of your CRN ID or Password; (5) misfortune or obligation coming about because of blunders, exclusions, or mis-articulations in all data or services(s) gave under this Agreement; (6) misfortune or obligation coming about because of the improvement or interference of your Web webpage or email benefit. The registrant concurs that we won't be at risk for any loss of enrollment and utilization of registrant's space name, or for interference of business, or any roundabout, exceptional, accidental, or significant harms of any sort (counting lost benefits) paying little mind to the type of activity whether in contract, tort (counting carelessness), or something else, regardless of the possibility that we have been instructed with respect to the likelihood of such harms. In no occasion our most extreme obligation might surpass the measure of expenses paid by you for the administration/s employed by you.

13. INDEMNITY

You consent to discharge, repay, and hold us, our contractual workers, operators, representatives, officers, executives and associates safe from all liabilities, claims and costs, including lawyer's charges, of outsiders identifying with or emerging under this Agreement, the Services gave hereunder or your utilization of the Services, including without confinement encroachment by you, or another person utilizing the E-mail Service with your PC, of any licensed innovation or other restrictive right of any individual or element, or from the infringement of any of our working standards or arrangement identifying with the service(s) gave. You likewise consent to discharge, reimburse and hold us safe in accordance with the terms and conditions contained in the Dispute Policy. When we are undermined with claim by an outsider, we may look for composed affirmations from you concerning your guarantee to repay us; your inability to give those confirmations might be considered by us to be a break of your Agreement and may bring about deactivation of your space 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.

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 concur and warrant that the data that you give to us to enroll or save your area name or enlist for different Services is to the best of your insight and conviction, precise and finish, and that any future changes to this data will be given instantly. You concur that your utilization of our Services is exclusively at your own hazard. You concur that such Service(s) is given on an "as may be," "as accessible" premise, we explicitly repudiate all guarantees of any sort, regardless of whether express or suggested, including yet not restricted to the inferred guarantees of merchantability, wellness for a specific reason and non-encroachment. We make no guarantee that the Services will meet your necessities, or that the Service(s) will be continuous, opportune, secure, or mistake free; nor do we make any guarantee with regards to the outcomes that might be acquired from the utilization of the Service(s) or with regards to the precision or dependability of any data got through our email benefit or that imperfections in the Services programming will be rectified. You comprehend and concur that any material or potentially information downloaded or generally acquired using our email administration is done at your own carefulness and chance and that you will be exclusively in charge of any harm to your PC framework or loss of information that outcomes from the download of such material as well as information. We make no guarantee with respect to any merchandise or administrations bought or acquired through the email benefit or any exchanges went into through the email benefit. No exhortation or data, regardless of whether oral or composed, got by you from us or through the email benefit should make any guarantee not explicitly made in this.

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

(I) .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; orTo 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 a major aspect of the enrollment procedure, you are required to furnish the registry administrator with certain data and to refresh this data to keep it present, finish and precise. This data incorporates (i) your full name, postal address, email address, voice phone number, and fax number, if accessible; (ii) the name of an approved individual for contact purposes, on account of a Registrant that is an association, affiliation, or company; (iii) the IP locations of the essential name server and any auxiliary name server(s) for the space name; (iv) the comparing names of those name servers; (v) the full name, postal address, email address, voice phone number, and fax number, if accessible, of the specialized contact for the area name; (vi) the full name, postal address, email address, voice phone number, and fax number, if accessible, of the authoritative contact for the area name; (vii) the name, postal address, email address, voice phone number, and fax number, if accessible, of the charging contact for the space name; and (viii) any comment concerning the enlisted area name that ought to show up in the Whois index. You concur and comprehend that the prior enlistment information will be openly accessible and available on the Whois catalog as required by ICANN/Registry Policy and might be sold in mass as per the ICANN Accreditation Agreement (the "ICANN Agreement"), accessible at ICANN's site.

(IV) Inaccurate or Unreliable Data: You speak to and warrant that the information gave in the area name enlistment application is valid, remedy, exceptional and finish and that you will keep on keeping all the data gave forward. Your headstrong arrangement of off base or questionable data, your stubborn inability to instantly refresh data gave to the registry administrator, or any inability to react for more than five timetable days to our request routed to the email address of the managerial, charging or specialized contact then showing up in the Who is index as for a space name concerning the exactness of contact points of interest related with any registration(s) or the enrolment of any area name(s) enlisted by or through you or your record, might constitute a rupture of this Agreement. Any data gathered by the registry administrator concerning a recognized or identifiable regular individual ("Personal Data") will be utilized as a part of association with the enrolment of your space name(s) and for the reasons for this Agreement and as required or allowed by the ICANN Agreement or any ICANN/Registry Policy.

(V) 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.

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 puts forward the terms under which any claim that a space name is not utilized essentially for business or business purposes might be upheld on a case-by-case, truth particular premise by an autonomous ICANN-licensed debate supplier. None of the infringement of the Restrictions will be implemented straightforwardly by or through Registry Operator. Registry Operator won't survey, screen, or generally check that a specific area name is being utilized essentially for business or business purposes or that a space name is being utilized as a part of consistence with the SUDRP or UDRP forms.

(VI) Reservation of Rights: Purpleno 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 Purpleno and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Purpleno 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 Purpleno ('The registrar') for the purpose of registering a .asia domain name with the registry (DotAsia Organisation Ltd).

I. Recital

  • a) Registrar: means and includes Purpleno.
  • 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.

II. Registration

2.1 notwithstanding the above data which Registrant's must give by and large, as a component of the application procedure for the diverse Sunrise and Landrush enrollment periods, Registrants must give nitty gritty data, and at times supporting documentation, to demonstrate their qualification for .asia areas amid those specific stages. This data and documentation required changes, contingent upon the Sunrise or Landrush enlistment stage connected for, yet incorporates those pertinent to: a) Various subtle elements identifying with the Registrant's enrollment as a qualified substance; b) Various points of interest identifying with the Registrant's enrolled exchange or administration marks; c) Demonstrable use of the registrant's enlisted exchange or administration stamp (which may require reports confirmed by a Notary Public or legitimate professional); and d) Various subtle elements identifying with the territory of the Registrant and the CED Contact. Any documentation gave to the Registry Administrator must be given in English dialect (or Registrant should organize an ensured interpretation into English dialect).

2.2 The Registrant recognizes and concurs that the enlistment information portrayed above will be made freely accessible by the Registry Administrator on the WHOIS catalog.

2.3 If the Registrant is a characteristic individual, the Registrant contact data distributed is confined to the email address, unless the Registrant asks for something else, and to the dialect chose for the debate determination rules and the Registrant concurs that he/she has been educated that Registrant may utilize a particular utilitarian email address for production in the WHOIS index as a contrasting option to utilizing their own email address.

2.4 Registrant consents to the utilization, duplicating, dissemination, distribution, change and other preparing of its own information by the Registry Administrator and its designees and specialists in a way steady with the reasons indicated by DotAsia's Personal Data taking care of strategies and with important neighborhood information insurance and protection laws and prerequisites.

2.5 Registrant warrants that it will quickly right and refresh the enrollment data for its .asia space amid the term of this Registration Agreement.

2.6 Registrant stipends Registrar and the Registry Administrator a non-restrictive, non-transferable, constrained permit to Registrant's enlistment information as required for the Registry Administrator's operation of the .asia registry.

III. Registrant Covenants

2.1 notwithstanding the above data which Registrant's must give by and large, as a major aspect of the application procedure for the diverse Sunrise and Landrush enrollment periods, Registrants must give point by point data, and at times supporting documentation, to demonstrate their qualification for .asia areas amid those specific stages. This data and documentation required differs, contingent upon the Sunrise or Landrush enrollment stage connected for, however incorporates those significant 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 obligation to guarantee that the area name is restored. Registrant concurs, notwithstanding the reimbursement above, to keep repaid, discharge and hold safe enlistment center and the Registry Administrator, their executives, officers, workers and specialists, against any claim for harm or misfortune emerging from any disappointment of Registrant's area name to be restored by Registrar.

(b) That the .asia area names will at first be gotten and enrolled by the Registry Administrator amid different distinctive application stages, full points of interest of which are situated on the DotAsia site.

(c) That enlistment center does not ensure that any .asia space name connected for by recorder for the benefit of the Registrant will be effectively enrolled by the Registry Administrator. The Registrant recognizes that it won't make any move in regard of its .asia area name until the fruitful enlistment of that .asia space name is affirmed in keeping in touch with the Registrant.

(d) That recorder will present Registrant's application for an .asia area in the stage that the Registrant chooses on its application shape.

(e) That there are sure pre-essentials to applying for an .asia space (counting, however not restricted to, specific prerequisites for element and exchange check names, sorts and enlistment dates, and the necessities for a qualified CED Contact) which are set out in the approaches reports on the DotAsia site.

(f) That there are strict time allotments for enrollment amid the distinctive Sunrise and Landrush stages and furthermore strict time periods for the accommodation of any vital or asked for supporting documentation (both at time of use and amid the pre-enlistment check period), and that it is Registrant's obligation to guarantee it knows about and conforms to these strict time span necessities.

(g) That it is the obligation of the registrant to guarantee that all the supporting records relating to CED Contract should achieve the registrant alongside photocopy of the Order Code receipt inside 7days of era of Order Code. Falling flat which Registrar will undoubtedly dismiss the candidate's enrollment.

(h) That amid the Sunrise and Landrush stages, certain application expenses are payable, which are non-refundable.

(i) That there is just extremely restricted extension and chance to revise material gave in an application to an .asia area or demand reexamination of a rejected/fizzled application for .asia space enlistment, points of interest of which are set out in the strategies archives on the DotAsia site.

(j) That enlistment center is in charge of presenting the underlying area application to the Registry Administrator and that you (as the candidate/Registrant) are in charge of all other correspondence with the Registry Administrator, including the accommodation of supporting reports to the Registry Administrator and making any application to the Registry Administrator for reexamination of a fizzled application, unless recorder (or one of its related substances) has particularly concurred in writing to give .asia space enrollment benefits as a major aspect of more extensive corporate area administration administrations to you.

(k) That because of the way that check and enlistment of utilizations for areas in a past period of Sunrise might not have been concluded at beginning of ensuing stages, it is impractical to know which spaces are in reality still accessible at time of use for space names and recorder is not in charge of discovering the accessibility of a space.

(l) That at the season of use for an .asia area, the candidate/Registrant must determine an Operations and Notifications (OPN) Contact to be the Registrant's contact individual who the Registry Administrator will send interchanges in regards to narrative proof solicitations, closeout solicitations and updates and so forth with respect to the space application.

(m) That there will be no WHOIS benefit accessible for .asia space names amid the Sunrise time frame.

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 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 in actuality, the Registry Administrator (DotAsia) is and should be a proposed outsider recipient of this Registration Agreement. In that capacity, the gatherings to this Registration Agreement recognize and concur that the outsider recipient privileges of DotAsia have vested and that DotAsia hosts depended on its third get-together recipient rights under this Registration Agreement in consenting to Purpleno being a recorder of the .asia TLD. Furthermore, the outsider recipient privileges of DotAsia might survive any end or termination of this Registration Agreement.

4.4 Registrant consents to name one normal individual or legitimate element (the 'Contract Eligibility Declaration Contact' or 'CED Contact') as a contact assigned to make an announcement that the Registrant meets the Charter Eligibility Requirement for enlisting the .asia area name asked for (i.e. is a lawful element inside the DotAsia Community). Registrant recognizes that Purpleno will turn into the Charter Eligibility Declaration (CED) Contact (the "CED Contact") for the Registrant for the constrained reason specified in .asia CED Contact Service Terms and Conditions. Registrant recognizes that there are dangers related with connecting with an outsider to be its CED Contact, similarly there are dangers related with giving an outsider any

4.5 The Registrant acknowledges, speaks to and warrants that it has reached, and the CED Contact has concurred, that that the Registrant and the CED Contact will be together characterized as the 'Enrolled Name Holder' and will be mutually in charge of the Registrant's .asia area name in connection to space debate and other related question. The CED Contact is particularly anticipated that would react and recognize question procedures and allude the debate to the Registrant. The Registrant recognizes that, paying little mind to the selection of a CED Contact and any game plans or comprehension with that CED Contact, the Registrant might by and by remain the working contact for all operations and liabilities in regards to the utilization of the space, including however not restricted to area exchange and refreshes, or as such be exclusively viewed as the Registered Domain Holder for general purposes.

4.6 The Registrant recognizes, and warrants that it has reached, and the CED Contact has concurred, that data submitted for the CED Contact will be openly available on WHOIS databases (except for distinguishing proof numbers [i.e. for passports] and so on).

V. Dispute Policy

a) Registrant consents to submit to procedures initiated under ICANN's Uniform Domain Name Dispute Resolution Policy ('UDRP') and ICANN's Charter Eligibility Dispute Resolution Policy ('CEDRP').

b) Registrant concurs that its .asia area name enrollment is liable to the terms of the Registry Administrator's present space name question determination standards and arrangements as refreshed every now and then on the DotAsia site. Registrant recognizes that it has perused and comprehended and consents to be bound by the terms and states of the debate determination guidelines of the Registry Administrator (as revised every now and then).

c) Registrant concurs that Registry Administrator may alter its .asia space name debate determination controls as depicted in passage (a) by presenting any updates on the approach on the DotAsia site found. Registrant concurs that by keeping up the reservation or enrollment of its .asia area name after adjustments to the question determination rules get to be distinctly viable, it has consented to the alterations.

d) Registrant concurs that if utilization of its .asia space name enrollment is tested by an outsider, it will be liable to the arrangements of the .asia area name debate determination runs as depicted in section (an) (as refreshed every once in a while), including any .asia registry approaches consolidated by reference (assuming any). Registrant concurs that if the Registry Administrator is told that a protest has been documented with a legal or managerial body in regards to Registrant's utilization of an .asia space name enrollment, Registrant concurs not to roll out any improvements to its area name record without the endorsement of the Registry Administrator. Registry Administrator may not permit Registrant to roll out improvements to such area name record until:

  • i. Coordinated to do as such by the legal or authoritative body, or
  • ii. It gets warning by Registrant and the other party challenging the enlistment that the question has been settled.

e) Registrant concurs that on the off chance that it is liable to prosecution in regards to enlistment and utilization of its .asia area name enrollment, Registry Administrator may store control of the space name record into the registry of the legal body by providing a gathering with a declaration giving control of the space name to the applicable legal body from the Registry Administrator.

VI. Auctions

Registrant acknowledges that:

(a) Where there are at least two qualified (checked) candidates for the same .asia space name amid the Sunrise Phase 2, Sunrise Phase 3 and Landrush enrollment stages, every qualified candidate will be welcome to offer for the Domain Name Applied For in an online closeout, with the area name will be granted to the most elevated bidder.

(b) Details of the bartering procedure and prerequisites are set out in the .ASIA Sunrise Policies report on the DotAsia site. Registrant warrants that it has perused, comprehends and consents to all closeout procedures, standards and prerequisites for the .asia barters.

(c) Registrant will be exclusively in charge of all matters identifying with any sale procedure it is welcome to or partakes in, and that recorder won't be at risk and won't participate in any capacity (other than as required by its part as Registrar) in any such closeout prepare, unless enlistment center (or one of its related elements) and Registrant have particularly concurred in composing that enlistment center (or one of its related elements) will give .asia Sunrise sale administrations to Registrant as a component of more extensive corporate area administration administrations gave to Registrant.

VII. Right of Refusal

Registrant recognizes that the Registry Administrator strategy may give that enlistment of certain space names is precluded. Enlistment center, in its sole watchfulness, maintains all authority to decline to favor the Registration Agreement for any Registrant. Registrant concurs that the accommodation of this Registration Agreement does not commit recorder to acknowledge this Registration Agreement. Registrant concurs that enlistment center is not obligated for misfortune or harm that may come about because of recorder's refusal to acknowledge this Registration Agreement.

VIII. Change in Registrar

Registrant concurs that it can change its enlistment center for a current space name just as per Registry Administrator arrangement. Registrant concurs it may not change its enlistment center for a time of sixty (60) days after beginning enrollment of the space name with Purpleno

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 Purpleno, 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.

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.purpleno.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.purpleno.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 enrolling an area name finishing in .uk (with some exceptionally restricted special cases) through Purpleno., you go into an agreement of enlistment with Nominet UK (hereinafter alluded to registry) as on the accompanying conditions, which incorporates conditions constraining our obligation and identifying with our utilization of your own data. This agreement is only for the area name completion of .uk.

Definitions

1. 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

2. 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.
  • ‘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

3. 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

4. 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.

5. For the security of your area name we have the accompanying strategies to attempt to ensure that our guidelines originate from you or somebody permitted to follow up for your benefit.

  • 5.1 We don't need to make any move, or roll out any improvement to the enlist, until we are fulfilled that we have gotten a substantial demand from the ideal individual.
  • 5.2 You will help us with our security checks, give any distinguishing proof or narrative confirmation we sensibly request, and permit us to keep duplicates of those records for our documents.
  • 5.3 If you have an identifier (for instance, a watchword, a token, individual data or a code) to use with us or our frameworks, you should protect it mystery and on the grounds that we will be permitted to accept that any activity done or requested utilizing that identifier or a result of it was done or requested by you or by somebody approved to represent you. We will be qualified for authorize techniques for managing lost, wiped out or uncertain identifiers.
  • 5.4 Your operator follows up for your sake in enlisting and keeping up the enrollment of the area name so that, unless the matter identifies with something secured by condition 5.6 beneath, any correspondence to or from your specialist is taken as being to or from you. You ought to dependably contact your operator first with any demand or question about your area name or changes to it, as we will just act in the event that we are fulfilled that your specialist can't or won't. Know that your specialist might be qualified for rebates on our charges so it might be less expensive for you to experience them.
  • 5.5 We may likewise indicate different sorts of approved agent or contact whose directions we will acknowledge in specific cases, what sorts of guidelines they can give us, and whether they can have your spot in the event that we have to tell you. In the event that you advise us that you need somebody to speak to you, you are giving them energy to act and us energy to follow up on their guidelines and (if this applies) tell them rather than or and additionally you.
  • 5.6 We will distribute on our site every now and then certain exercises which your operator is not permitted to do for your benefit or where we need to manage you straightforwardly (or both).
  • Charges and installment

6. We are a not-revenue driven association so our expenses (see our site) mirror the cost of the work we do. To ensure that each individual who enlists an area name pays what's coming to them of the expenses of running the focal registry, we:

  • 6.1 may make a charge for any of the administrations we give under this agreement, the length of (where no one but we can give the administration) we trust the expense is set at a not-revenue driven cost-recuperation level as it were;
  • 6.2 don't need to begin any procedure, including any change to the enroll, until we (not only your specialist) have gotten (inside at whatever time restrain) any expense for that activity and some other charges that have not been paid for the area name or things finished with it – it is your obligation to ensure that we are paid and that there is sufficient data with the installment to ensure that we know which space name it identifies with;
  • 6.3 may scratch off the space name without further notice if any obligation identifying with the area name stays unpaid after the due date we have set; and
  • 6.4 unless condition 24 or 34 applies, or we have committed a critical error, won't give credit notes or discounts.
  • Your promises and indemnity

7. By going into this agreement you guarantee that:

  • 7.1 you (or your operator) have the authorization of any individual whose individual information is to be hung on the enroll in accordance with condition 11;
  • 7.2 any personality and contact data you (either yourself or through your specialist) send us must be right;
  • 7.3 you will send us the data required under condition 7.2 as quickly as time permits, through your specialist if conceivable, and you will stay up with the latest;
  • 7.4 by enlisting or utilizing the space name in any capacity, you won't encroach the protected innovation rights (for instance, trademarks) of any other person;
  • 7.5 you are qualified for enlist the space name; and
  • 7.6 you have not enlisted the space name in a way that neglects to meet with any lawful obligation you have.

8. Unless you are a purchaser, you will pay us (counting the present or past individuals from our Board of Directors) all sensible costs, claims and costs (regardless of whether immediate or backhanded) emerging out of any claim that you have softened any of the guarantees up condition 7.

9. Our entitlement to depend on the guarantees in condition 7 and repayment in condition 8 will keep on being accessible after the space name has been enrolled and won't be influenced by the cancellation or exchange 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

11. 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.

12. You may keep in touch with us to request a duplicate of the individual information we hold about you, or you can take a gander at the WHOIS, or you can ask your operator. If you don't mind take note of that if, any time, we find that you are not a buyer, we may naturally counteract your pick (see condition 11.2) without advising 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

14. 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.

15. 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

16. 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.

17. 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.

18. In the event that you are an individual, this agreement will end on the off chance that you kick the bucket and the individual legitimately selected to manage your advantages after you pass on does not exchange the space name (either to themselves or another person) inside a time of your demise (or the finish of their arrangement, whichever starts things out).

19. 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

20. 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.

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

22. 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.

23. 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.

24. 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

25. 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.

26. 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.

27. 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.

28. 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.

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

30. 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.

31. 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

32. 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.

33. 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.

34. 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.

35. 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:

  • 35.1 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
  • 35.2 apply from the date it was delivered, or if not delivered the date it was sent or posted.

36. 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.

37. 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.

38. 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 Purpleno 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

1. 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.

2. 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.

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

4. 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.

5. 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.

6. 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.

7. 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.

8. 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

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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

  • 1.1. 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.
  • 1.2. 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

  • 1.1. 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.
  • 1.2. 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 Purpleno 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. Purpleno, 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 Purpleno, 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.

AWARD PROCESS:

The Registry will examine that the documentation provided supports the application duly supports the application for the Sunrise registration. Where there are two or more applications for the same domain name, priority will be assigned in the following order.

AWARD PROCESS:

The Registry will examine that the documentation provided supports the application duly supports the application for the Sunrise registration. Where there are two or more applications for the same domain name, priority will be assigned in the following order.

  • 1. Applications in Sunrise A have priority over applications in subsequent Sunrise Phase and so on.
  • 2. The priority of applications in a phase will be assigned based on the applications' timestamp as recorded by the Registry.
  • 3. For each unique domain name applied for, the Registry will perform a facial examination of the first priority application's trademark certificate.
  • 4. If the priority application satisfies all the Sunrise criteria, the Registry will award the domain to the priority applicant.
  • 5. If the priority applicant's trademark does not satisfy all of the Sunrise criteria, that application will be considered failed.
  • 6. The Registry will then examine the trademark of the next priority application for that domain name.
  • 7. This process will repeat until:
  • a) a valid application is found and an award is made, or
  • b) the phases of applications for that domain name are exhausted. If no valid application is received, then the domain name will be made available in open registration.
  • 8. If the award status of an applied-for domain name has not been determined by the time open registration begins for the general public, the Registry reserves the right to create that domain name in the registry using generic place-holder data. The Registry can then update that place-held domain if an award is made, or deleted and thereby made available in open registration if no award is made.
  • Sunrise Awards; Opening for Real-Time Registrations; Transfers
  • Sunrise awards will be announced through the publication of the WHOIS, shortly before open registration begins for the general public on 17th November 2014. The Registry may lock domain names (statuses: serverDeleteProhibited, serverUpdateProhibited, serverTransferProhibited, serverRenewProhibited) registered during the Sunrise Period at the registry level for a period of up to 180 days following the end of the Sunrise Period. The only exceptions are for transfers required.

Legal Notices:

Representations. By applying to register a Domain Name in accordance with the Sunrise registration conditions of the Registration Agreement, the applicant hereby represents and warrants that:

  • (a) the statements that the applicant has made in his Registration Agreement with the registrar are complete, accurate and correct;
  • (b) the registration of the Domain Name complies with the Sunrise registration conditions set forth in the Registration Agreement;
  • (c) to the applicant's knowledge, the Domain Name will not infringe upon or otherwise violate the rights of any third party;
  • (d) you are not registering the Domain Name for an unlawful purpose; and
  • (e) the applicant will not knowingly use the Domain Name in violation of any applicable laws or regulations. It is the applicant's responsibility to determine whether the Domain Name registration infringes or violates someone else's rights.

Policy Modifications:

The Registry reserves the right to modify theses Rules at any time. We will post revised Rules at least fifteen (15) days before it becomes effective. In the event you object to a change in this Policy, your sole remedy is to cancel your Domain Name application or registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Domain Name application or registration.

Disputes and Errors:

The Registry's award decisions shall be final and are not subject to challenge. Applicants are wholly responsible for any submission errors or omissions that they make.

20. (J) Specific to .Bank and .Insurance Domain

Premium Registration Pricing Notification. Registrar shall clearly and conspicuously disclose in its Registration Agreement and on its .INSURANCE Webpage, that non-standard domains have non-uniform registration and renewal pricing such that the Registration Fee for a non-standard domain name registration (e.g., domain names allocated through Request for Proposal or auction, single-characters, two-letters) may differ from the Registration Fee for a standard domain name registration in the TLD.

Obligations of Registered Name Holder. Registrar shall require all Registered Name Holders to enter into a Registration Agreement with Registrar. In such Registration Agreement, Registrar shall require such Registered Name Holder to acknowledge and agree that the Registry Operator reserves the right to deny, cancel or transfer any Registered Name registration or transaction, or place any Registered Name (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:

  • (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs),
  • (ii) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration, or
  • (iii) for the non-payment of Fees to Registry Operator.
  • In addition, Registrar shall obtain the consent of each Registered Name Holder in the Registry TLD for such collection and use of Personal Data.

Acceptable Use and Anti-Abuse Policies. Registrar shall include in its Registration Agreement a provision prohibiting the Registered Name Holder from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registrar shall provide the Registered Name Holder with a description of potential consequences for such activities, including suspension of the domain name. Registrar shall not enable, contribute to, or willfully aid the efforts of any Registered Name Holder or other third party to evade or circumvent such prohibitions.

Time of Entry Disputes. Registrar agrees that in the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control. In addition, Registrar shall require each Registered Name Holder to agree that in the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control.

Registrar's Registration Agreement and Indemnification.In its Registration Agreement with each Registered Name Holder, Registrar shall require such Registered Name Holder to indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney's fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder's domain name registration. The Registration Agreement shall further require that this indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.

Security. Registrar shall comply with Registry Operator’s Security Requirements for the Registry TLD, as may be established by Registry Operator and communicated to Registrar from time to time. In addition, Registrar agrees to develop and employ in its domain name registration business all reasonable technology and restrictions to ensure that its connection to the Registry System is secure. All data exchanged between Registrar's system and the Registry System shall be protected to avoid unintended disclosure of information. Registrar agrees to employ commercially reasonable measures to prevent its access to the Registry System granted hereunder from being used by any person or entity to (1) allow, enable, or otherwise support the transmission by e-mail, telephone, facsimile or other means of mass unsolicited, commercial advertising or solicitations to entities other than its own existing customers; or (2) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator, any other registry operated under an agreement with ICANN, or any ICANN-accredited registrar, except as reasonably necessary to register domain names or modify existing registrations. Each EPP session shall be authenticated and encrypted using two-way secure socket layer ("SSL") protocol. Registrar agrees to authenticate every EPP client connection with the Registry System using both (i) a certificate issued by a commercial Certification Authority, which shall include any current commercial Certification Authority of Registrar's choice, and (ii) the Registrar's password, which shall be disclosed only to its employees in positions requiring access to such password to perform essential job functions. Registrar agrees to use commercially reasonable efforts notify Registry Operator within four (4) hours, but in any event to notify Registry Operator within twenty-four (24) hours, of learning that its Registrar password has been compromised in any way or that its server certificate has been revoked by the issuing Certification Authority or otherwise compromised in any way.

Compliance with Terms and Conditions.Registrar shall comply with, and shall include in its Registration Agreement with each Registered Name Holder, as applicable, an obligation for such Registered Name Holder to comply with, each of the following requirements:

  • 1) Registrar agrees to comply with, and shall require Registered Name Holder to comply with, any and all applicable national, state or local law, regulation or court order in relation to its operations and registrations of the Registry TLD.
  • 2) Registrar shall comply with, and shall require Registered Name Holder to comply with, all Public Interest Commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time-to-time) and community registration policies (as set forth in Specification 12 to the Registry Agreement, as amended from time-to-time).
  • 3) Registrar shall not provide, and shall not permit an Affiliate or third party to provide, the use of privacy or proxy registration services by the Registered Name Holder in registering or maintaining domain name registrations with the TLD.

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 Purpleno's 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.

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 kolkata.

28. INFANCY

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

28. 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 Purpleno 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.

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.

II WEBSITE HOSTING

1. AGREEMENT

In this service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us" and "our" refer to Purpleno India Ltd. (hereinafter referred to as "Purpleno") 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

''Purpleno" 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.

2. 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 "Purpleno India Ltd." payable at kolkata 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 "Purpleno" 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 Purpleno, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. Purpleno 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 "Purpleno" 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 "Purpleno" 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 "Purpleno" 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 "Purpleno" 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) "Purpleno" 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. Purpleno also reserves the right to terminate the services if it is determined by Purpleno, 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 "Purpleno" 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.

6. INDEMNITY

Client' shall indemnify, defend and hold '"Purpleno"' 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 '"Purpleno"', its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by "Purpleno" as a result of a judgement entered against "Purpleno" in any such claim, action, suit or proceeding. "Purpleno" 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 "Purpleno" 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

Notwithstanding anything contained herein to the contrary, "Purpleno" 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 "Purpleno" 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 "Purpleno" has been advised of the possibility of such damages.

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 "Purpleno's" 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 "Purpleno's" employees during the period of this Agreement.

11. GENERAL

Cancellation of Web Hosting : Purpleno can terminate the services provided to the Client, if it is found by Purpleno 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, "Purpleno" 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 "Purpleno's" 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 "Purpleno" that it wishes to transfer the hosting of the website to another company, "Purpleno" 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 "Purpleno" of the delinquent amounts, if any, "Purpleno" shall promptly comply with the request.

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. DISCLAIMER OF WARRANTIES

The services are provided on an "as is" basis. "Purpleno" 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. "Purpleno" does not warrant that the services will be uninterrupted, secure or error free. We make no warranty that the services will meet your requirements.

15. 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 kolkata.

16. 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.

17. 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.

18. ASSIGNMENT

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.

18. ASSIGNMENT

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

19. 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 "Purpleno" shall work exclusively for "Purpleno" and shall not, for any purpose, be considered employees or agents of ''Client''. "Purpleno" 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.

20. 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.

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 parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

22. INFANCY

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

II (a) CPANEL HOSTING (Fair Use Policy)

These Rules and Restrictions are enforced UNLESS negatively affects the "SHARED HOSTING ENVIRONMENT" in any way shape or form. Examples of things that will negatively affect the "SHARED HOSTING ENVIRONMENT" include but are not limited to heavy CPU load issues, being a RAM hog, and processing too much disk drive input/output. Purpleno is the sole arbiter and has the final decision as to if, when, and where to enforce the Purpleno Unlimited Bandwidth Policy.

• Maximum upgrade up grade upto 25 GB.

• Limit of CPU usage that is applied on a per cPanel basis. 25%.

• Simultaneous process per cPanel (Processes Limit) 25.

• Soft limit of files per cPanel (inode limit) 100,000.

• Email send within an hour per domain 200.

• Email send within a day per domain 1000.

• Email receive within an hour per domain 100.

• Email receive per day per domain 1000.

• Email Storage(max 15 days of mails can be kept on the server , Customer needs to download and delete from server in regular interval) 250MB.

• Disk IO 1 MB/s.

• Database tables per database 1000.

• Max Database Size 500 MB.

• Bandwidth / Data Transfer cannot be used to run any web page, script, form, flash, cms, or any other file type that consumes more than 128 Megabytes of Server Memory.

• Bandwidth / Data Transfer cannot be used to run any web page, script, form, flash, cms, or any other file type that consumes more than 0.18 GHZ of Server CPU.

• Bandwidth / Data Transfer cannot be used to run any web page, script, form, flash, cms, or any other file type that runs more than 10 concurrent connections.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any sound, music, video, or audio file of any size.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any E-Mail storage (combined total of all accounts and all E-Mail) larger than 100 megs.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any executable file, dll, zip, tar, or any other type of compressed file.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any database greater than 5 megs.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any backup file of any kind – EXCEPT for backuping up your own website files once per day AND the file must be downloaded to your local hard drive and can NEVER be stored on our servers.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any file sharing, upload, download, archive, backup, mirroring, or file distribution site of any kind.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any file that makes your account resources available the general public.

• Bandwidth / Data Transfer cannot be used for the storage or transmission of any banner exchange, top sites script, or any other script/site that is designed to be run on other websites.

Please note that shared hosting plans are for website hosting, and the storage of backups (unless otherwise allowed in this agreement), file repositories, MP3s, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated.

III EMAIL

1. AGREEMENT

In this service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us" and "our" refer to Purpleno India Ltd. (hereinafter referred to as "Purpleno") 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.purpleno.com or may be amended/ updated or published/ mailed by us from time to time.

2. SERVICES

Purpleno 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

1. 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.

2. When you use our services, you agree that:

  • a) you will directly or indirectly not do anything which violates any terms;
  • b) send junk mails, spam or any unsolicited mails; change your identity to send bulk mail
  • c) make any misrepresentation including (without limitation)deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
  • d) 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;
  • e) change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and
  • f) 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;
  • g) 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;
  • i) 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";
  • j) violate or infringe any intellectual property rights;
  • k) do anything which does or may damage, impair, overburden or disable any system of any person (including us) using our services;
  • l) interfere with another user's use and enjoyment of the service or of similar services;
  • m) interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or
  • n) compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
  • o) 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;
  • p) harvest or collect information about others, including email addresses, without their consent for any reason;
  • q) violate the privacy of any person;
  • r) 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;
  • s) repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
  • t) transmit content that you do not own or do not have the right to publish or distribute;
  • u) 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;
  • v) perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
  • w) help any third party to do any of the above.
  • x) You must remove your number from our website www.purpleno.com if you do not wish to use our services.

7. INTERCEPTION OF COMMUNICATION

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

  • a) 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.
  • b) 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 ‘‘Purpleno'' 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 ‘‘Purpleno'', its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by ‘Purpleno' as a result of a judgment entered against "Purpleno" in any such claim, action, suit or proceeding. "Purpleno" 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 "Purpleno" 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, "Purpleno" 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 ‘‘Purpleno''. ‘‘Purpleno'' 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 ‘Purpleno' has been advised of the possibility of such damages. ii) Under no circumstances aggregate liability payable by ‘‘Purpleno'' will exceed the total fee received from the ‘‘Client'' under this Agreement. iii) "Purpleno" 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 Purpleno's 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. "Purpleno" 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. "Purpleno" 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. 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 kolkata.

19. INFANCY

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

20. 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.

IV E-mail Archival Service

1. AGREEMENT

In this service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, “us” and “our” refer to Purpleno India Ltd. (hereinafter referred to as "purpleno.com") 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.purpleno.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 (purpleno.com) 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 purpleno.com's sole discretion.

10. INDEMNITY

You agree to indemnify, hold harmless, and defend us (purpleno.com), 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 (purpleno.com) 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 (purpleno.com's) 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 (purpleno.com) in the 12 months preceding the proper service of the cause of action.

12. MODIFICATION OF TERMS OF SERVICE

We (purpleno.com) 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 purpleno.com's 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.

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 kolkata.

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.

V 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.

VI VPS SERVICE

In this service Agreement ("Agreement") each customer is referred to as "you" and "your", Purpleno refer to "we", "us" and "our" and service refer to the Purpleno 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 Purpleno 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 Purpleno India Limited website www.Purpleno.com, which constitutes the entire agreement between Purpleno and customer and supersedes all prior agreements, understandings and representations whether oral or written.

1. FACILITIES

a) Purpleno 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. Purpleno has limited access to the contents of your Virtual Server. Purpleno 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 Purpleno 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. Purpleno further agrees to maintain the hardware on which the Virtual Server is located. Except with respect to the delivery of VPS, Purpleno 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 Purpleno requirements. Use of any particular software configuration may be declined at the sole discretion of Purpleno. 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 Purpleno, nor can a Customer expect to receive support from Purpleno with respect to the correction of errors caused by mistakes, faulty settings, and installation errors caused by the Customer.

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

e) Monitoring equipment: Purpleno 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 Purpleno even after the installation of the equipment. (At present we are using PRTG Software) Purpleno's liability in the event of loss to the customer due to activities, which are not controllable by Purpleno including without limitation, virus attack to the customer is NIL. Purpleno is not liable for any damages, if any loss occurs to the customer due to the activities, which are not controllable by Purpleno.

f) Scheduled maintenance: Purpleno will conduct routine scheduled maintenance of its Internet Data Center Services according to the maintenance schedule posted on Purpleno's World Wide Web sites. In the event that a mission critical maintenance situation arises, Purpleno 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 Purpleno during the scheduled and emergency maintenance periods.

g) Support: Purpleno 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. Purpleno provides warranty support to the equipment supplied by Purpleno 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 Purpleno's Internet services without the permission of the copyright holder.

l) Abuse of Service: Any use of Purpleno system resource that disrupts the normal use of the system for other Purpleno'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 Purpleno 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 Purpleno conditions of use are unethical and may be criminal offences. You are expected to report to Purpleno any information you may have concerning instances in which the conditions of use have been or are being violated. When Purpleno becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, Purpleno 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 : Purpleno shall monitor bandwidth utilisation for each server in the Purpleno Internet backbone network, with the objective of determining the necessary bandwidth to maintain Service quality. Purpleno's network design policy is to commence the initiation of a capacity upgrade for any backbone link in the Purpleno backbone network, when a backbone link reaches a sustained utilisation above eighty five percent (85%) for more than four (4) consecutive hours. Purpleno also monitors the Data Transfer utilisation of each server in the Purpleno 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 Purpleno 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-

  • i) Upon reaching 70% of the available data transfer limit
  • ii) Upon reaching 80% of the available data transfer limit
  • iii) Upon reaching 90% of the available data transfer limit
  • iv) Upon reaching 100% of the available data transfer limit
  • v) And after 10% there-off with billable amount for the EDT

j) Availability:The target availability objective for the Purpleno Data centre is ninety-nine percent (99%) per month (excluding unavailability due to scheduled maintenance). The availability figure applies to Purpleno- 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 Purpleno maintenance operations. Purpleno 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, Purpleno will not directly notify Customer in advance for such short-duration maintenance. Purpleno will use its best efforts to limit such occurrences. In addition, Purpleno will undertake short duration, general maintenance during defined maintenance windows.

Service outage credits are granted if the Purpleno 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 Purpleno, 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 Purpleno, at the end of the Term of this Agreement. In no event shall Purpleno'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 Purpleno'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 Purpleno, based upon Purpleno's internal records and the above-noted trouble ticket. If the customer does not notify Purpleno'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 Purpleno's Privilege Customer Support division.

In any case the Purpleno 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 "Purpleno" 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 Purpleno, where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. Purpleno 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 "Purpleno" 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 "Purpleno" 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.

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 "Purpleno" 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@purpleno.com shall suffice as written notice. In the event of the outstanding subscription charges not been paid or due after termination of VPS subscription, purpleno shall have all right to recover the dues by stopping any other services being provided and/or availed by the customer from us(purpleno).

Notwithstanding the above purpleno 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 purpleno 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;

  • (i) allowing others to use there account after you log in, whether intentional or otherwise;
  • (ii) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or
  • (iii) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify us (purpleno) 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, purpleno has the right to suspend access to the Virtual Server pending an investigation and resolution. Customer also agrees that purpleno 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 purpleno 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 purpleno's 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, purpleno 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.

purpleno shall not be responsible for any third party software neither shall it be responsible for damage caused by such software. Further purpleno 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, purpleno shall not be liable for any damages arising due to configuration of the third party software with the customer's equipment.

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