1. The use of Websites Designed / Developed / Hosted / Maintained / Promoted / Supported / Powered by Image Software, Herein after referred as "Image Software", service is subject to the Terms and Conditions mentioned hereunder. By accepting our services, you are agreeing to use the Service with these terms and conditions under all applicable laws and regulations.
2. You agree that under any circumstances, the amount of compensation claimed because of any reason would not exceed the amount actually paid for using Image Software services. For example, under any circumstances the domain name related claims would not exceed the amount paid for domain name registration.
3. All services provided by Image Software are valid for One Year only unless otherwise stated.
4. By using any of the services, You agree to abide by all the terms published here.
5. You agree and accept that all services provided by Image Software would commence only after complete payment of the agreed amount.
6. By Using Image Software services, You agree to indemnify, defend, and hold harmless Image Software, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to Image Software Services. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
7. You agree and confirm that Image Software may, at our sole discretion, change the Pricing Structure at any time without prior intimation. However, this will only apply to future period(s).
8. The violation of the terms and conditions will result in cancellation of services and no refund will be made.
9. Non-usage of the service does not entitle you for a refund of any portion of the payment made to us for this service.
10. You agree that you will not use the Image Software Web Services for illegal purposes or for the transmission of material that is unlawful. You also agree that you will not use the Image Software Web Services for the transmission of material that is harassing, abusive, threatening, harmful, vulgar, obscene, or invasive of another's privacy. You agree not to use excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), installing continuously running programs, and reselling CGI scripts. You further agree that you are solely responsible for your content and you acknowledge that Image Software acts as a passive conduit for the distribution and transmission of your data. You represent and warrant the content you provide to Image Software (a) does not infringe on Image Software's or any third party's intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalized up to and including termination of your rights to use the service and any other remedies available to Image Software by law.
11. Image Software will monitor the Emails/ Business Queries in order to track the search engine performance and no data with regard to this would be disclosed to any third party. On your special request, the monitoring could be removed but after such an act, Image Software would not be in a position to forward any performance report of your website.
12. You acknowledge your right to use the Service is personal to you. You are entirely responsible for maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party.
13. In consideration for using Image Software, you agree to provide us current, complete, and accurate registration information as prompted to do so by Image Software and to maintain and update this information as required to keep it current, complete and accurate.
14. All the contents of this Service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Service is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Service.
The information from or through this service is provided on "AS IS " basis, and all warranties , expressed or implied of any kind, regarding any matter pertaining to any goods , service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
Image Software and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Image Software has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Image Software Web Services. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Image Software. Image Software Makes no warranty that the service will be uninterrupted, timely, secure or error-free. Certain links on the Service lead to resources located on servers maintained by third parties over whom Image Software has no control or connection, business or otherwise . These services are external to Image Software and by visiting these , you are outside the Image Software web service and its channels. Image Software neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity , availability of any of the goods or services or for any damage , loss or harm , direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these services.
15. You agree to indemnify and hold harmless Image Software, its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
16. The Agreement shall be governed by the Laws of India . The Courts of law at Vadodara - Gujarat shall have exclusive jurisdiction over any disputes arising under this agreement.
17. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
18. In the event of non-payment of any services, Image Software reserves the right to re-sell the Domain, Layout and all other related material to any third party or use itself, including the Domain / Content / Structure / Layout and all other related material without any intimation and no further correspondence in this regard would be entertained.
19. All amounts paid to Image Software are non-refundable/ non-transferable under any circumstances. Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.
20. Image Software reserve the right to add / change / modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to use services provided by Image Software. Image Software reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained/ not contained on the site without prior notice.
21.Limitation of Liability
You agree that Image Software (for the purposes of this section, Image Software includes, without limitation, Image Software's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, registries, third-party providers, merchants, licensor, or the like, or anyone else involved in creating, producing, or distributing Image Software's services) will not be liable to you or anyone else for any loss that may occur due to any (a) loss of registration of a domain; (b) use of your domain; (c) access delay or access interruption to Image Software's registration system; (d) non-delivery or mis delivery of data between you and Image Software and/or between Image Software and the registry; (e) event beyond Image Software's reasonable control; (f) processing of the application; (g) processing of any modification to the record associated with your domain; (h) suspension or cancellation of your registration by Image Software; or (i) application of any dispute resolution provision herein. Furthermore, Image Software will not be liable for any indirect, special, incidental, or consequential damage of any kind, including, without limitation, lost profits, regardless of the form of action, whether in contract or tort, including, without limitation, negligence, or otherwise, even if Image Software has been advised of the possibility of such damage. In no event will Image Software's maximum liability exceed the total amount paid to Image Software.
By accepting our Domain Name Services, You agree to all the terms and conditions published on this page, including :
1. We design / develop websites / applications as per your specifications. Under the design process, we offer unlimited updates / changes till you are satisfied with the final outcome OR, as per the contract terms.
2. The service is for 1 year or any additional period that is paid for and thereafter, in case, there is no renewal after paying the appropriate and required renewal fees, the Image Software Services will not be available to you. Image Software will intimate you on the renewal of the service that is due but it is not the responsibility of Image Software to give you such intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you.
3. You acknowledge and agree that the service will commence only after complete payment of the agreed amount.
4. The Complete Content and images on your website is owned By you. You agree to indemnity and hold harmless Image Software, its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any copyright/ intellectual property / any other rights violation. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
5. You, as a buyer hereby authorize Image Software to list itself as the registrant, give its billing, technical and administrative contacts and name its servers in connection with your domain name / e-mail address and to take any actions Image Software deems appropriate in these capacities.
6. Image Software Web Submission and Online Promotion Services are subject to Search Engine Guidelines which could be accessed at individual search engine sites. We do not Guarantee any Priority Listing / Domain Listing in any search engines. We optimize web sites for better search engine visibility and hence generate better results for all of our members.
7. In the event of non-payment of any services beyond the stipulated time, Image Software reserves the right to re-sell the Domain, Layout and all other related material to any third party or use itself, including the Domain / Content / Structure/ Layout and all other related material without any intimation and no further correspondence in this regard would be entertained.
8. The images on your website is owned by you, and you should be follow all the laws for the uploading images on your website. If we find any images unlawful, we can remove it from your website with or without any intimation to you.