Service Contract for All Clients, Resellers and Business Associates

Preliminaries: Hosting Studioz ("hostingstudioz.com"), is a Web Presence Provider. The purpose of this Service Agreement / Service Contract "the Agreement", "AUP" "Service Contract" is to specify the terms, conditions, and obligations which a customer agrees to accept by the his, her or its conduct of using the Services of hostingstudioz.com for the registration and renewal of the registration of a domain name, or by opening an account for any of its services with hostingstudioz.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 Hosting Studioz. or www.hostingstudioz.com

(b) "Services" refers to the domain services, shared hosting services, dedicated servers, or provided by us as offered through hostingstudioz.com .

(c) "Account" means a wholesale account opened with hostingstudioz.com for the registration of domain names and the payment for such registrations; 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 M/s. Hosting Studioz. 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 Hosting Studioz’s servers.

USER CONDUCT

Customer Content:

Customer acknowledges that Hosting Studioz exercises no control whatsoever over the content of the information passing through Customer's site (s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Rules and Regulations.

Prohibited Activities:

Customer will not, and will not permit any persons ("Users") using Customer's online facilities and/or services, including, but not limited to, Customer's Web site (s) and transmission capabilities, to do any of the following ("Prohibited Activities")

The following constitute Prohibited Activities of Service Agreement: :

1. Illegal use: Hosting Studioz’s services may not be used for illegal purposes, or in support of illegal activities. Hosting Studioz reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of the Hosting Studioz’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of the Hosting Studioz’s service to transmit any material (by email,uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of the Hosting Studioz’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of Hosting Studioz ’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Hosting Studioz ’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Hosting Studioz ’s account.

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Hosting Studioz ’s account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Hosting Studioz ’s service is in violation of this Service Contract.

10. Usenet SPAMing: Hosting Studioz ’s has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of the Hosting Studioz ’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hosting Studioz 's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Subscribers account is subject to immediate termination.

12. Copyright or trademark infringement: Use of the Hosting Studioz ’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of the Hosting Studioz ’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network disruptions and unfriendly activity: Use of the Hosting Studioz ’s service for any activity which affects the ability of other people or systems to use Hosting Studioz ’s Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Hosting Studioz will not tolerate any Customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Hosting Studioz ’s services could result in suspension service.

19. Third Party Accountability: Hosting Studioz ’s Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Service Agreement.

REFUSAL OR DISCONTINUANCE OF SERVICE

Hosting Studioz . reserves the right to refuse or discontinue service to anyone at Hosting Studioz ’s sole discretion after giving a notice of 15 days. Hosting Studioz may deny you access to all or part of the service without notice if you engage in any conduct or activities that Hosting Studioz in its sole discretion believes violates any of the terms and conditions in this agreement. Hosting Studioz shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Hosting Studioz . has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Hosting Studioz . reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

NO WARRANTIES

Hosting Studioz makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given Hosting Studioz . or its employees shall create a warranty. Hosting Studioz provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Hosting Studioz be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Hosting Studioz service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Hosting Studioz .'s servers that such information becomes available to all Internet users and that Hosting Studioz .has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Hosting Studioz .' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Hosting Studioz .or on the Internet generally.

IDENTIFICATION INFORMATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Hosting Studioz . with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use

NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other Subscriber. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by Hosting Studioz ., including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Hosting Studioz You agree to abide by any and all future Hosting Studioz .policy decisions.

SECURITY

You agree that the security of your account is solely your own responsibility. Customer understands that Internet and other various networking communication medium are not secure, unless explicitly specified as such, and may be subjected to interception or loss Hosting Studioz makes no warranties of any kind, either express, implied or statutory concerning the data or information available through the Hosting Studioz . network. In no event will Hosting Studioz be liable to the customer for any indirect, incidental or consequential damages arising out of the services or any products provided under this agreement, even if the company has been advised of the possibility of such damages.

You further agree that if you believe the security of your account has been compromised in any way, you will notify Hosting Studioz . immediately by telephone at +91 (141) 2247069. and in writing by registered mail return receipt requested to Hosting Studioz 106 Neelkanth Building, Gandhi Path, Vaishali Nagar Jaipur, India. You shall be held fully responsible for any misuse or compromise to your account for which Hosting Studioz . is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Hosting Studioz has the right to suspend access to the account pending an investigation and resolution. You also agree that Hosting Studioz has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

BACKUP OF DATA

Your use of the service is at your sole risk. Hosting Studioz is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hosting Studioz . servers, unless otherwise specified depending on the account type.

CONFIDENTIAL INFORMATION

Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, Hosting Studioz .’s Technology, Customer Technology, and the terms and conditions of this Agreement. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information and will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect its own Confidential Information.

Exceptions:

Information will not be deemed Confidential Information hereunder if such information:

(i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;

(ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;

(iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or

(iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure.

PAYMENT

You agree to supply appropriate payment for the services received from Hosting Studioz in advance of the time period during which such services are provided or as per the payment terms of the service opted for, whichever is applicable. You agree that all setup fees are non-refundable once setup is completed.

All payments have to be drawn in favour of M/s Hosting Studioz..., payable at the location of the office of Hosting Studioz from where the service is bought. Hosting Studioz . shall not be responsible for payments drawn in any other name or location.

Payments are accepted only in the form of crossed Demand Drafts, Cheques or thru Credit Cards .

Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the Clients obligations to make full payment.

Hosting Studioz retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.

It shall be our endeavor to set-up the server with in 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay for any unforeseen circumstances, the clients are requested to kindly bear with us.Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.

You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non payment from your side for any of Hosting Studioz 's services

PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with Hosting Studioz or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

JURISDICTION

The laws of the Republic of India shall govern this agreement

In any event of dispute the area of Jurisdiction would be Jaipur only.

ACKNOWLEDGEMENT

By placing, hiring and continuing to maintain or place information at Hosting Studioz .'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.