ICardMart
("iCardMart.com"), is a Web Presence Provider. The purpose of this
Service Agreement / Service Contract "the Agreement", "AUP"
"Service Contract", "Terms of Service" is to specify the
terms, conditions, and obligations which a customer agrees to accept by his,
her or its conduct of using the services of iCardMart for entire range of
services available with www.iCardMart.com for such purpose.
1 Definitions:
As used in this Agreement,
the following terms have the following meanings: a: "you"
,"your", customer and "Subscriber" refer to each customer,
that is, each person who avails or subscribes for any of Services from
ICardMart. or www.iCardMart.com "Services" refer to the domain
services, shared hosting services, dedicated servers, or any other products/services
provided by us as offered through iCardMart.com "Account" means a
wholesale account opened with iCardMart for the registration of product
/services the payment for such registrations and any other products/services;
and
2 The Agreement:
This Agreement explains our
obligations to you, and explains your obligations to us, for various Services.
By using our Services, you have agreed to establish an account with us for such
Services. When you use your account, or permit someone else to use it for any
purpose whatsoever (whether or not we are notified of your having given
authorization to such third party to use your account), this Agreement covers
such use and the service sought or rendered. By opening an account with
iCardMart.com or by using any Services under this Agreement, you acknowledge
that you have read, and you agree to be bound by all terms and conditions of
this Agreement, and any pertinent rules or policies that are or may be
published by us. If you do not wish to be bound by these terms and conditions,
you should not proceed to place any information of any kind on ICardMart's
servers or register for our products/services.
Acceptable Use Policy
ICardMart Acceptable Use
Policy ("AUP") is given hereunder to give our customers and users a
clear understanding of what ICardMart expects of them while using the services.
All users of ICardMart services: those who access some of our Services but do
not have accounts, as well as those who pay a service fee to subscribe to the
Services, must comply with this AUP and our TOS (Terms of Service).
Use of ICardMart Service
constitutes acceptance and agreement to these ICardMart AUP as well as
ICardMart TOS (Terms of Service).
We support the uncensored
flow of information and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or through the
services, except for certain proprietary websites.
However, in accordance with
our TOS (Terms of Service), we may remove any materials that, in our sole
discretion, may be illegal, may subject us to liability, or which may violate
this AUP. ICardMart may cooperate with legal/administrative authorities in the
investigation of any suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension or immediate termination of
either your ICardMart account or other appropriate actions WITHOUT PRIOR
NOTICE.
The key objectives behind
the establishment and enforcement of ICardMart AUP are:
·
Ensure
trustworthy service to our customers.
·
Ensure
privacy & security of our systems and network, as well as the networks and
systems of others.
·
Maintain
our reputation as a responsible service provider.
·
Comply
with existing laws.
·
Encourage
responsible use of Internet and discourage activities which reduce the
usability and value of Internet services.
·
Preserve
the value of Internet resources as a medium for free expression and exchange of
information.
·
Preserve
the security & privacy of individual users.
ICardMart intends to provide
its customers access to everything the Internet has to offer. While ICardMart
is firmly committed to the principles of freedom of speech and expression,
certain activities that may be damaging to the resources of both ICardMart and
the Internet and any activity that violates any law cannot be permitted under
the guise of freedom of speech and expression.
We do not routinely monitor
the activity of accounts except for measurements of system utilization and the
preparation of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond appropriately if we
detect any inappropriate/illegal use of our service/products/network.
You may not use your virtual
site or server to publish material, which ICardMart determines, at its sole
discretion, to be unlawful, indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including graphics
(including illustrations, images, photographs, logos, drawings,), narrative
descriptions, executable programs, video recordings, and audio recordings.
If a ICardMart account is
used to violate the Acceptable Use Policy or our TOS, we reserve the right to
terminate your service without any notice whatsoever. We prefer to advise/warn
customers of inappropriate behaviour and any necessary corrective action,
however, flagrant violations of the Acceptable Use Policy will result in
immediate termination of service. Our failure to enforce this policy at any
point of time, for whatever reason, shall not be construed as a waiver of our
rights to do so at any time.
Violations of ICardMart Acceptable Use Policy
The following constitute
violations of this AUP:
Illegal use:
Services may not be used for
unlawful purposes, or in support of illegal activities. ICardMart reserves the
right to cooperate with legal authorities or authorized administrative bodies
in the investigation of any suspected civil wrongdoing or crime and in such
situation may share the information available with ICardMart with the law
enforcement agencies without any notice to you.
Harm to minors:
Use of ICardMart service to
harm or attempt to harm minors in any way, including, but not limited to
pedophilic cases and child pornography. Any account found to host child
pornography or linking to the same will be removed from our network immediately
without prior notice whatsoever. Upon a second violation, the account will be
immediately terminated without notice. Severe cases can result in immediate
termination. Any implication of underage child content or misleading
information perceived to be child pornography will result in the same
penalties. All violations will be reported to the proper law enforcement agency
without any notice to you. Any account discovered to host "Lolita"
type content or linking to the same will be given one hour to remove the
offending content/domain failing which we shall remove it immediately.
Harassment:
Use of ICardMart service to
transmit any material (by e-mail, uploading, posting or otherwise) that
harasses anotherperson is not permitted and,as soon as it's brought into our
notice or we acquire knowledge about it, shall liable to be terminated with
immediate effect without any notice.
Fraudulent activity:
Use of ICardMart service to
make fraudulent offers to buy or sell items, or services, or to advance any
type of financial scam such as "Ponzi schemes," "chain
letters" and "pyramid schemes" is not permitted and, as soon as
brought into our notice or we acquire knowledge about it, shall liable to be
terminated with immediate effect without any notice. .
Threats:
Use of ICardMart service to
transmit any material (by e-mail, posting uploading or otherwise) that
threatens or encourages bodily harm and/or destruction of property is not
permitted and, as soon as brought into our notice or we acquire knowledge about
it, shall liable to be terminated with immediate effect without any notice.
Security
You are responsible for any
misuse of your account, even if the inappropriate activity was committed by a
family member, guest, friend, or your employee. Therefore, you must take proper
steps to ensure that others do not gain unauthorized access to your account. In
addition, you may not use your account to breach security of another account or
try to gain unauthorized access to another network or server.
Your password grants access
to your account. It is your responsibility to keep your password safe and
secure. Sharing your account access and passwords with unauthorized users is
not advisable. You should not allow others to access your account since you
shall be held responsible for such use or activity of your account.
You must adopt adequate
security measures to prevent unauthorized use of your account.
Attempting to obtain another
user's account password is strictly prohibited, and may result in termination
of service.
You may not attempt to
circumvent user authentication or security of any host, account or network.
This includes, but is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks. Use or
distribution of tools designed for compromising security is prohibited.
Examples of these tools include, however are not limited to cracking tools,
password guessing programs or network probing tools.
You may not attempt to
interfere with service to any host, user or network ("denial of service
attacks"). This includes, but is not limited to, "flooding" of
networks, attempts to "crash" a host and deliberate attempts to
overload a service.
Users who violate network or
systems security may incur civil or criminal civil liability. ICardMart will
cooperate fully with investigations of violations of network or system security
at other sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations even without any prior
intimation.
Terms of Service
ICardMart.com ("The
Company") agrees to furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of ICardMart Service
constitutes acceptance and agreement to ICardMart's AUP as well as ICardMart's
TOS (Terms of Service).
All provisions of this
contract are subject to the TOS (Terms of Service) of ICardMart.com and AUP
(Acceptable Use Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber/customer understands that change to the
AUP by the Company shall not be grounds for early contract termination or
non-payment.
Being the user of ICardMart
services, you agree and affirm that you shall not use, display, upload, modify,
publish, transmit, update, share or store any information that:
(a) belongs to another
person;
(b) Is harmful, threatening,
abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene,
pornographic, paedophilic, libellous, invasive of third parties privacy,
hateful, or racially, ethnically or otherwise objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever;
(c) harms minors in any way;
(d) infringes any patent,
trademark, copyright or other proprietary rights;
(e) violates any law for the
time being in force;
(f) discloses sensitive
personal information of other person or to which the user does not have any
right to;
(g) causes annoyance or
inconvenience or deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature;
(h) impersonates another
person;
(i) contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
(j) threatens the unity,
integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offense or prevents investigation of any offense or is insulting any
other nation.
Being the user of
ICardMart's services, you agree and affirm that you shall not host or publish
or edit or store any information or shall not initiate the transmission, select
the receiver of transmission, and select or modify the information contained
herein above on ICardMart servers else it will treated as violation of
ICardMart's AUP and the services are liable to be suspended/terminated without
refundand the ICardMart may initiate legal action against you for any such
violation.
ICardMart upon obtaining
actual knowledge by itself or been brought to knowledge by an authority
mandated under the law for the time being in force in writing or through email
signed with electronic signature about any such information as mentioned herein
above, shall act expeditiously to work with user or owner of such information
to remove access to such information that is claimed to be infringing or to be
the subject of infringing activity.
ICardMart shall provide
information, without any prior intimation, to government agencies who are
lawfully authorized for investigative, protective, cyber security or
intelligence activity. The information shall be provided for the purpose of
verification of identity, or for prevention, detection, investigation,
prosecution, cyber security incidents and punishment of offences under any law
for the time being in force, on a written request of such government agency
seeking such information.
ICardMart shall not deploy
or install or modify the technological measures or become party to any such act
which may change or has the potential to change the normal course of operation
of the computer resource than what it is supposed to perform thereby
circumventing any law for the time being in force.
This Agreement shall be
construed in all respects in accordance with the laws of the Republic of India.
Disclosure to Law
Enforcement:
The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
customer/Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, history, account use, etc. to any
law enforcement agency who makes a proper written request without consent or
notification to the customer/Subscriber. In addition ICardMart shall have the
right to terminate all services set forth in this Agreement.
Jurisdiction
The laws of the Republic of
India shall govern this agreement.
Acknowledgement
By placing, hiring and
continuing to maintain or place information at ICardMart's servers you are
stating and acknowledging that you have read the aforementioned terms and
conditions and that you understand such terms and conditions and agree to be
bound by them.
Shipping & Delivery
Policy
Delivery of our services
will be confirmed on your mail ID as specified during registration. For any
issues in utilizing our services you may contact our helpdesk
Its the customers
responsibility to provide a valid and correct email ID as the product will be
delivered to it. The customer needs to confirm that our emails do not end up in
JUNK folder of your email.
A copy of the product will
be stored in your account with iCardMart.com just login into your account to
view it.
If you do not receive any
product details from us with in 48 hrs then please contact us