1. Acceptance of Terms
1.1 This Agreement governs the access and use of all products and services relating to: (i) the Any member-created websites (individually, a "Any member Site" and collectively, "Any member Sites"), and (ii) email hosting services, for which Any member subscribes from Rajmudra, and (iii) the Facebook Page Builder, and which are provided and administered by Rajmudra and or its agents, suppliers, licensors, or third party contractors (collectively, the services are referred to as the "Services"). The general Rajmudra Terms of Use, available at www.rajmudrappl.com, are incorporated by reference into and made a part of this Agreement, except to the limited extent that the general Rajmudra Terms of Use are expressly modified below. IF ANY MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, ANY MEMBER SHALL NOT PURCHASE, USE OR OTHERWISE ACCESS THE SERVICES OR ANY ANY MEMBER SITES.
1.2 The Services is offered to Any member conditioned upon Any member's acceptance without modification of this Agreement. Any member acknowledges that, from time to time, it may be necessary for Rajmudra to update or revise the provisions of the Agreement. By signing up for the Services and accepting this Agreement, Any member agrees that Rajmudra may change the terms of the Agreement in its sole and absolute discretion without specific notice to Any member. If Any member does not agree to the changes implemented by Rajmudra, Any member's sole and exclusive remedy is to cancel Any member's subscription to the applicable Services ("Any member's Service Account"). Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Services shall be subject to this Agreement.
1.3 Any member's access to and use of the Services is further subject to the Rajmudra Privacy Policy which is available on Rajmudra's website and is incorporated by reference herein.
2. General Use of the Hosting Service
Any member shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or any applicable law. Without limiting the generality of the foregoing, Any member agrees that Any member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Services other than for use as expressly permitted by this Agreement. This means, among other activities, that Any member agrees not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. Any member agrees that Any member will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other person's use and enjoyment of the Services. Any member shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the prior written permission of Rajmudra, Any member agrees that Any member will not access or attempt to access password protected, secure or non-public areas of the Services. Without limiting any of Rajmudra’s rights or remedies under this Agreement or available to Rajmudra at law or in equity, if Any member violates any of the terms and conditions herein Any member's Service Account may be terminated and Any member may be subject to prosecution.
3. Charges and Billing
Rajmudra reserves the right to charge fees for the Services or any portion thereof and any applicable fees will be posted on Rajmudra’s website. If Any member is required to pay a fee for all or any part of the Service for which Any member has chosen to subscribe, Any member will make an advance payment for all applicable fees incurred by Any member in connection with Any member's Service Account. Any member will be notified by a mail before end of his applicable subscription period that he needs to renew his subscription or else his account would be terminated, unless Any member's Service Account is terminated in advance by the end of the then-current subscription period. All fees associated with Any member's Service Account shall be paid in the currency referenced on the Rajmudra website at checkout. The exchange rate will be determined by Rajmudra through a reasonable source. The exchange rate determined by Rajmudra shall be undisputable.
Rajmudra reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new Services and charging a fee for upgrades and/or for a service for which Rajmudra does not currently charge a fee) at any time and from time to time, provided, however, that Rajmudra will provide Any member with reasonable notice prior to making any fee changes to existing Services. If Any member finds any change to the pricing of any Services to be unacceptable for Any member's continued use of the Services, Any member is free to cancel such Services and terminate Any member's Service Account at any time, Rajmudra will refund remaining portion of Any member's pre-paid fees on pro rata basis.
Taxes
Any member agrees to pay GST or other similar taxes, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement. Any member is responsible and liable for any fees, including attorney and collection fees, that Rajmudra may incur in its efforts to collect any remaining balances due from Any member. This Section shall in no way limit any other remedies available to Rajmudra at law or in equity.
Any member agrees to mention GST registration number and Entity Name, if applicable.The Any member will ensure that the GST registration number and the Entity Name, if applicable corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.
Any member further acknowledges that Rajmudra will not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable shall be borne by the Any member. In the event, if Any member fails to furnish GST registration number, the Any member will be treated as ‘unregistered’ and will not be able to avail any input tax credit.
In any case, the liability of Rajmudra under GST regime would be limited to the amount of tax charged by Rajmudra.
4. Rajmudra Support Services
Rajmudra offers certain phone support services at no additional charge. Phone support which is offered at no additional charge is limited to technical questions only. Non-technical questions including, but not limited to, questions relating to design, search engine optimization, marketing planning or similar services, shall not be included in such phone support services.
Any members may contact Rajmudra Support by dialling 0250-2482627, 2489830 Monday - Thursday: 10 am - 7 pm Saturday - Sunday from 9 am - 6 pm (Indian Standard Time).
5. Any member Registration/Privacy Policy
In order for Any member to participate in the Services, Rajmudra will require the Any member to provide specific information about Any member and (if applicable) Any member's business. Any member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Any member's affiliation with any person or entity. Any member shall maintain with Rajmudra a valid and current email address of Any member at all times. Any member shall be responsible for maintaining the confidentiality of Any member’s Service Account and password and shall be responsible for any and all transactions by persons given access to such account or password and any and all consequences of use or misuse of such account and password. Any member shall be responsible for all actions by such persons, and shall fully indemnify Rajmudra as set forth in Section 17 herein below for such actions.
Any information supplied by Any member upon registering for the Services and any other information supplied by Any member about Any member and/or Any member's business (collectively, "Any member Data") is subject to Rajmudra’s Privacy Policy. Any member should review the Rajmudra Privacy Policy, a copy of which is available on Rajmudra’s website. Rajmudra reserves the right to update or change the Privacy Policy from time to time in its sole and absolute discretion. In addition, Any member Data may be subject to surveillance and disclosure pursuant to applicable laws, rules and regulations relating to domain name registration, including without limitation rules and regulations imposed by ICANN (as defined below), the TPDNVs (as defined below), and the Registries (as defined below).
6. Any member Account Limitations
Any member hereby acknowledges that Rajmudra may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Services and Any member Site, including without limitation, (a) the maximum number of days that specific Services offerings, such as email messages, guest book entries, discussion board postings or other content posted on the Any member's Site (to the extent available and subscribed for) will be retained by Rajmudra, (b) maximum limits on bandwidth usage that will be allotted to Any member, (c) maximum limits on storage space, (d) the maximum number of Any member Sites and/or email addresses/accounts per Any member's Service Account, (e) the maximum number of photographs or other data (if any) according to the type of Any member's Service Account, (f) maximum limits on the number of pages within each Any member Site, and (g) maximum time limitations for the retention of Any member Content (as defined below) following any trial periods or account cancellation. Rajmudra further reserves the right to delete at any time, in its sole discretion and without prior notice, duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Services (including any upgrades) for which Any member has registered. Any member agrees that Rajmudra has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services, including without limitation any Any member Content. Any member further acknowledges and agrees that Rajmudra reserves the right to change these general practices and limits at any time, in its sole discretion. If Any member finds any such changes to be unacceptable for Any member's continued use of the Services, Any member is free to cancel the Services and terminate Any member's Service Account at any time. Rajmudra will refund remaining portion of Any member's pre-paid fees on pro rata basis.
7. Exchange of Information; Monitoring
The Service enables Any members to disseminate and exchange thoughts and opinions to and with other users or the public. Rajmudra is under no obligation, but does reserve the right in its sole discretion, to monitor, correct, pre-screen, filter, modify, intercept and analyze traffic of, copy, backup, redirect, transmit, refuse, limit access to, suspend, freeze, and remove any and all such thoughts, opinions, and other Any member Content, Any member Data, End-User Data etc. posted through the Services or stored in its servers without notice at any time. Rajmudra is not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such Any member Content. Rajmudra also reserves the right to disclose any information or materials belonging to any person or entity as necessary to satisfy any applicable law, rule, regulation, legal process, governmental request or contractual obligation binding upon Any member. Any member acknowledges that Any member should always use caution when posting any personally identifying information about Any member or Any member's employees on the Services, the Any member Site, or any other user sites. Rajmudra reserves the right to prohibit the use of any of its services in connection with any specially designated nationals (SDNs) as listed by the governmental authorities or having Country-Code Top Level Domain Name/ccTLD of any country designated by authorities such as Office of Foreign Assets Control (OFAC) or such other authority as having limited or comprehensive trade sanctions imposed by the government of India and or countries in which Rajmudra has operations or presence for reasons of anti-terrorism, non-proliferation, narcotics trafficking, or other reasons.
8. Any member Conduct
Any member's right to use the Services is personal to Any member and or Any member's company and its employees (if applicable). Any member, and not Rajmudra, is entirely responsible for all Any member Content. The term ‘Any member Content’ shall include without limitation all information, data, text, literature, software, music, sound, photographs, graphics, designs, video, messages or all other materials and content, as applicable, posted or linked to by Any member or its affiliates, agents, employees, representatives or customers via the Services, including, without limitation, any such information, data, text, literature, software, music, sound, photographs, graphics, designs, video, messages or all other materials and content posted or linked to on any Any member Site (including, without limitation, as part of a domain name selected or used by Any member) (collectively, “Any member Content”). Any member, and not Rajmudra, is responsible for compliance with all laws, regulations and ordinances connected with all aspects of the creation, use and maintenance of the Any member Content, Services and Any member Sites by Any member and its affiliates, employees, agents, representatives and customers. Without limiting the generality of the foregoing, Any member, and not Rajmudra, is responsible for compliance with all policies, rules, procedures, regulations, and other terms and requirements of the Internet Corporation for Assigned Names and Numbers (“ICANN”), the applicable registry governing the registration of the domain name associated with the Any member Site (each, a “Registry”), and any applicable independent Third Party Domain Name Vendors (collectively, “TPDNVs”) responsible for the registration of the domain name associated with the Any member Site. Any member shall not use the Any member Content, Services or Any member Sites for any illegal purpose in violation of any local, state, federal or foreign law. Any member must provide all required and appropriate warnings, information and disclosures, comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with the creation, use and maintenance of the Any member Content, Services and Any member Sites by Any member and its affiliates, employees, agents, representatives and customers. If the Services or Any member Sites do not provide adequate facility or features for Any member to provide such information or take such actions, then Any member shall not create, use or access the Any member Content, Services or Any member Sites or permit any other party to do so.
With respect to any Any member Content, Any member Data, or End-User Data (as defined below) on the Services and Any member Sites, Any member agrees not to submit, post, upload, transmit or otherwise make available any Any member Content, Any member Data, End-User Data or other information:
a. that is misleading to others, including but not limited to consumers or other visitors to Any member Sites;
b. that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelouslibellous, invasive of another's privacy, hateful, or racially or ethnically objectionable;
c. in respect of which Any member does not have a right to submit, post, upload, transmit or otherwise make available under any law (including without limitation data privacy laws or export control restrictions) or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. that infringes or violates any person's patent, trademark, trade secret, copyright, proprietary right or other intellectual property rights;
e. that contains viruses or any other computer codes, worms, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or that attempts to access the accounts of others, or attempts to penetrate security measures of Rajmudra, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data or harms any person;
f. that imposes an unreasonable or disproportionately large load on Rajmudra's infrastructure or that exceeds the limits provided by Rajmudra in respect of the Services for which Any member registered; or
g. that includes any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "junk mail", “mail-bombing,” “e-mail harvesting,” or any other similar form of solicitation.
h. that includes phishing (identity theft), pharming, distribution of virus or malware, child pornography, fast flux techniques, running botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.).
i. that has pirated software or warez.
h. that is in Rajmudra’s sole discretion illegal, unlawful, or otherwise inappropriate.
h. relates to prostitution, escort services, or sex trafficking, all whether legal or not.
With respect to use of the Services and Any member Sites, Any member further agrees not to:
a. interfere with, disrupt or harm in any way the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of network operators connected to the Services;
b. intentionally or unintentionally violate any applicable local, state, national or foreign laws, including, but not limited to, rules and regulations promulgated by governmental authorities such as the Ministry of Information Technology, the Reserve Bank of India, the Securities and Exchange Board of India and the Ministry of Corporate Affairs , any rules and regulations of national or other securities exchanges, including without limitation, Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and any other applicable regulations having the force of law;
c. impersonate any person or entity or falsely state or otherwise misrepresent Any member’s affiliation with any person or entity; intentionally omit, delete, forge or misrepresent transmission information, including any headers, return mailing, and internet protocol (IP) addresses; or otherwise manipulate any identifiers in order to disguise the origin of any Any member Content transmitted through the Services;
d. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
e. sell, distribute, disseminate or link to any sites for marketing, sales, or distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) Any member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via a Any member Site, could cause Rajmudra to violate any law, statute or regulation;
f. post or disclose any personal or private information or images about children or any third party without their express written consent (or a parent's express written consent in the case of a minor), or engage in any activities that would violate the personal privacy rights of others;
g. intentionally or unintentionally violate any policies, rules, procedures, regulations, or other terms or requirements of ICANN, the Registry, or the applicable TPDNV responsible for the registration of the domain name associated with the Any member Site;
h. violate any third party contracts to which Any member is subject as a result of its access to or use of the Services; or
i. encourage, permit or enable any of its representatives, agents, employees, affiliates, customers or any other third party to do any of the foregoing.
Rajmudra may immediately terminate Any member's Service Account and Any member’s and its representatives’, agents’, employees’, affiliates’, customers’ or any other third party’s access to and use of all or part of the Services in the event Rajmudra reasonably concludes that Any member and its representatives, agents, employees, affiliates, customers or any other third party is or may be in breach of any of the above listed rules of conduct.
9. Third Party Content
Any member agrees that hot keys, hyperlinks, logos, marks, information may be created/inserted/put on Any member Site by Rajmudra. No compensation of whatsoever nature shall be payable by Rajmudra to Any member.
For Any member's convenience, the Services may contain products, services, content and information from third party providers (such as advertisers and affiliates) and/or links to their websites ("Third Party Content"). Such Third Party Content is not under the control of Rajmudra and Rajmudra is not responsible for such content, including, without limitation, any link contained in such Third Party Content, or any changes or updates to such Third Party Content. Rajmudra is under no obligation, but does reserve the right in its sole discretion to pre-screen Third Party Content available on the Services. Rajmudra is not responsible for, and hereby disclaims all liability for and makes no representations or warranties for any Third Party Content. Such inclusion of Third Party Content is only as a convenience, and the inclusion of such Third Party Content does not imply endorsement by Rajmudra of such Third Party Content or the affiliate or advertiser. Any member may be subjected to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites and agrees to comply with any and all end-user obligations or terms and conditions imposed by the providers of such Third Party Content. Rajmudra reserves the right to remove any Third Party Content that does not meet Rajmudra’s standards/policies/procedures/guidelines, but Rajmudra is not responsible for any failure or delay in removing such Third Party Content.
Rajmudra is not and will not be responsible for (i) the terms and conditions of any transaction between Any member and any third party, (ii) any insufficiency of, suspension of or problems with any such third party's service, background, insurance, credit or licensing, or (iii) the quality of any Third Party Content provided by any third party or any other legal liability arising out of or related to any Third Party Content. In the event that Any member has a dispute with any such third party, Any member releases Rajmudra (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Any member agrees to expressly authorize Rajmudra to send service related transactional SMS messages, even in the case that Any member's contact number is listed as DND with the concerned telecom regulatory authority.
10. DISCLAIMER OF WARRANTIES
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) ANY MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CREATION, USE AND MAINTENANCE OF THE ANY MEMBER SITE, IS AT ANY MEMBER'S SOLE RISK. Rajmudra AND ITS SUPPLIERS PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES AND THE ANY MEMBER SITES "AS IS", “WHERE IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) Rajmudra AND ITS SUPPLIERS MAKE NO WARRANTY OR COVENANT OR REPRESENTATION AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND COVENANTS AND REPRESENTATIONS (I) THAT THE SERVICES OR ANY MEMBER SITES WILL MEET ANY MEMBER'S REQUIREMENTS, (II) THAT THE SERVICES OR ANY MEMBER SITES WILL BE UNINTERRUPTED, TIMELY, WITHOUT DOWN-TIME, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, (III) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY OR TRUTHFULNESS OF ANY INFORMATION, MATERIAL OR OTHER CONTENT OBTAINED THROUGH USE OF THE SERVICES OR ANY MEMBER SITES; (IV) THAT ANY INFORMATION, DATA, DOWNLOAD AVAILABLE ON OR THROUGH HOSTING SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, BUGS, CODES, OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES, OR (V) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY ANY MEMBER THROUGH THE SERVICES WILL MEET ANY MEMBER'S EXPECTATIONS; AND (C) ANY INFORMATION, MATERIAL OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ANY MEMBER SITES, IS DONE AT ANY MEMBER'S OWN DISCRETION AND RISK, AND ANY MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY MEMBER'S OR THIRD PARTIES’ COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION, MATERIAL OR OTHER CONTENT. FURTHERMORE, Rajmudra NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF SERVICES AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
11. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL Rajmudra AND/OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, CUSTOMERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Rajmudra OR ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL Rajmudra AND/OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, CUSTOMERS OR SUPPLIERS BE LIABLE IN ANY RESPECT ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE OF THE SERVICES OR ANY MEMBER SITES, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR ANY MEMBER SITES, (C) ANY ANY MEMBER CONTENT OR OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED OR PROVIDED THROUGH THE SERVICES OR ANY MEMBER SITES OR OTHERWISE ARISING OUT OF THE CREATION, USE OR MAINTENANCE OF THE SERVICES OR ANY MEMBER SITES, (D) STATEMENTS OR CONDUCT OF ANY MEMBER OR ANY THIRD PARTY ON OR WITH RESPECT TO THE SERVICES OR ANY MEMBER SITES, OR (E) ANY DOMAIN NAME DISPUTES ARISING FROM OR RELATING TO A DOMAIN NAME SELECTED BY ANY MEMBER FOR USE WITH THE ANY MEMBER SITE.
12. Additional Representations and Warranties and additional Covenants
Any member represents, warrants, and covenants that (a) Any member has the power and authority to enter into this Agreement; (b) Any member, if being a natural person, is at least eighteen (18) years of age; and, (c) Any member will only access and use the Services and Any member Sites in accordance with this Agreement. Any member further agrees that it is and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding its business, the creation, use and maintenance of the Services, Any member Sites, Any member Content, Any member Data, End-User Data and other data, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and Any member’s performance hereunder.(d) Any member shall obtain the necessary registration under the GST and furnish the returns on time without causing inconvenience to Rajmudra.
13. Proprietary Rights to Any member Content
Rajmudra does not claim ownership of the Any member Content that Any member provides to Rajmudra or through the Services and/or that Any member places on the Any member Site, and Rajmudra acknowledges and agrees that, subject to the terms and conditions of this Agreement, Any member will retain any and all applicable copyright and other intellectual property rights in any Any member Content it has. Notwithstanding the foregoing, Any member hereby grants Rajmudra a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, sub-licensable, royalty-free, license to (i) copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, publish, remove, retain, add to, combine with information provided by third parties, and publicly display the Any member Content (a) on and through the Services and Any member Sites for the purpose of creating, operating and maintaining the Services and Any member Sites and (b) in Rajmudra’s promotional and advertising materials for the limited purpose of promoting the Services, and (ii) sublicense to third parties such Any member Content to the extent necessary for the creation, operation, and maintenance of, in part or in whole, the Services and Any member Sites. Any member also hereby grants Rajmudra the perpetual and irrevocable right to delete any or all of the Any member Content from Rajmudra’s servers, the Services and the Any member Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to Any member or any other person. Any member agrees that even though Any member retains certain copyright or other intellectual property rights in the Any member Content, Any member does not own the Any member’s Service Account used to access the Services or Any member Site, nor does Any member own any data stored on Rajmudra servers (including without limitation any data representing or embodying any or all of the Any member Content). No compensation will be paid to Any member with respect to Rajmudra’s or its sublicensee's use of the materials as licensed in accordance with the foregoing terms. By submitting, posting, uploading, transmitting or otherwise making available any Any member Content or by posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Services or any Any member Site, Any member warrants and represents that Any member owns or otherwise controls the rights necessary to do so and to grant Rajmudra the license set forth above, and, pursuant to the terms set forth in Section 17, Any member will defend, indemnify and hold harmless Rajmudra and the other Indemnified Parties from any third party claim related to a breach of any of the foregoing representations and warranties.
14. Rajmudra Proprietary Rights/Software Licenses
Any member hereby agrees and acknowledges that the Services and Any member Sites and any software used in connection with the Services and Any member Sites (the "Software") contain proprietary and confidential information of Rajmudra and/or its licensors that is protected by applicable copyright, trade secrets, trademarks, and other intellectual property and other laws. No reproduction, distribution, or transmission of the proprietary materials of the Services or the Software is permitted without the express written consent of Rajmudra. Any member further agrees and acknowledges that content contained in sponsor advertisements or information presented to Any member through the Services and advertisers is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Any rights not expressly granted herein are reserved to Rajmudra.
On the condition that Any member complies with all of its obligations under this Agreement, Rajmudra grants Any member a non-exclusive, revocable, non-transferable, non-sub-licensable, limited license to use the Software for the purposes of utilizing the Services and operating and maintaining the Any member Sites, in each case, solely to the extent provided for herein. Any member may not sub-license or charge others to use or access the Software. The Software is owned by Rajmudra and/or its licensors and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from, reverse engineering, redistribution or retransmission of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Rajmudra and its licensors and are protected by trade secret laws.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. ANY MEMBER SHALL NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY CODE INCLUDING (SOURCE CODE) CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER EXCEPT AS AND SOLELY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW NOTWITHSTANDING THIS PROVISION.
CONFIDENTIAL INFORMATION
Any member recognises that it may be given and have access to Confidential Information of Rajmudra. Any member undertakes not to use any such Confidential Information, for its own purposes except as permitted hereunder, without the prior written consent of Rajmudra. Any member further undertakes that it shall at all times during and after termination of this Agreement keep the Confidential Information confidential and not disclose to any third party. The contents of this Agreement shall also be kept confidential. The term “Confidential Information” means any and all information disclosed to or otherwise acquired by Any member including its affiliates, directors, officers, representative and or employees from Rajmudra or its affiliates, associates, representatives, agents or employees, whether communicated in writing, orally, electronically, photographically, or in recorded or any other form, including, but not limited to operating information and strategies, data, media, client list, target clients, know-how, designs, drawings, specifications, source codes, technical information, concepts, reports, methods, processes, techniques, operations, devices, and the like, whether or not the foregoing information is patented, tested, reduced to practice, or subject to copyright.
No announcement, circular, press releases, advertising, marketing materials or promotional materials in connection with the subject matter of this Agreement shall be made or issued (whether in print, electronically or otherwise) by or on behalf of Any member without the prior written consent of Rajmudra.
Upon request of Rajmudra, Any member undertakes to immediately return to Rajmudra or (at Rajmudra’s instructions) destroy or have destroyed all Confidential Information disclosed to it under this Agreement in any form whether physical or in machine readable.
Any member shall during and even after termination of this Agreement hold and keep in strictest confidence any and all Confidential Information and shall treat the Confidential Information with at least the same degree of care and protection as it would treat its own Confidential Information. Any member also agrees to use the greatest degree of care to avoid unauthorized dissemination, access, disclosure or publication of the Confidential Information. Any member shall promptly provide Rajmudra with notice of any actual or threatened breach of this Section. Any member does not acquire any Intellectual Property Rights under this Agreement or through any disclosure hereunder, except the limited right to use such Confidential Information in accordance with the terms of this Agreement.
The disclosure to any of the employees of Any member shall be on a need-to-know basis and only to the extent necessary for each of them to perform its duties in relation to its obligations under this Agreement, provided, Any member binds such recipient to terms at least as restrictive as those stated in this Agreement. Any member shall fully co-operate with Rajmudra to enforce the confidentiality covenants against such recipients.
The provisions of this Section shall survive the termination of this Agreement.
15. Rajmudra Proprietary Rights in Provided Designs, Artwork and other Content
As part of the Hosting Service, Rajmudra may provide Any member access to and use of graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and similar design and graphical content (referred to herein as “Design Content”). Such Design Content may be accessed and used by Any member for the sole purpose of creating, operating and maintaining Any member Sites through the Hosting Service. To the extent Rajmudra provides Any member access to and use of Design Content, Rajmudra grants Any member a non-exclusive, revocable, non-transferable, non-assignable, limited license to copy, use, reproduce, modify, and publish the Design Content for the sole purpose of creating, operating and maintaining the Any member Sites through the Hosting Service during the term of the Any member's Hosting Service Account. Any member acknowledges and agrees that Rajmudra or its licensors own all legal right, title and interest in and to such Design Content, including any intellectual property rights. All rights in such Design Content are reserved worldwide and Rajmudra reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Design Content. It is strictly prohibited for Any member or any other third party to use, modify, retain, copy, distribute, transmit, publish, prepare derivative works of, or use any portion of the Design Content except as expressly allowed in this Agreement for the sole purpose of creating, operating and maintaining the Any member Site through the Hosting Service during the term of the Any member's Hosting Service Account. Any member, and not Rajmudra, is entirely responsible for its use of Design Content on the Any member Site and for its combination with any other information or Any member Content. Rajmudra is providing such Design Content to Any member only as a convenience, and the inclusion of such content does not imply endorsement by Rajmudra of such content. Rajmudra reserves the right to add to, delete from, modify or remove completely any part of the Design Content at any time without prior notice, but Rajmudra is not responsible for any failure or delay in doing so. Without limiting the generality of the foregoing, upon any termination of Any member's Hosting Service Account and/or the Hosting Service, the foregoing license shall automatically terminate and Any member must immediately cease all use of and access to the Design Content.
16. Indemnification
Any member agrees to indemnify, defend and hold Rajmudra and its suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and Any members (collectively, the "Indemnified Parties") harmless from and against any and all claims and demands, losses, liability, costs and expenses (including, but not limited to, attorneys' fees and dispute resolutions costs) (collectively, “Liabilities”), incurred by an Indemnified Party arising out of or related to (i) Any member's breach of this Agreement including without limitation Any member’s breach of any of its representations and warranties or covenants herein; (ii) the creation, use, or maintenance of Any member Sites, Any member Content, Any member Data or End-User Data, including, without limitation, any allegation that any Any member Content or any other information or content not provided by Rajmudra and contained on Any member Sites (including, without limitation, any such Any member Content contained in a domain name selected by Any member for use with the Any member Site) infringes a third person's copyright, trademark or other proprietary or intellectual property right, or misappropriates a third person's trade secrets or is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable; (iii) any dispute or litigation between an Indemnified Party and a third party or any other third party claim caused by, arising from or relating to Any member's actions or omissions in relation to this Agreement, any Any member Content, the Services or the Any member Sites, including, without limitation, any domain name disputes involving the domain name selected by Any member for use with the Any member Site; (iv) Any member's negligence or intentional misconduct; or (v) Any member’s business dealings with any of its customers, including, without limitation the provision of any products or services to such customers. (vi) The Any member agrees to safeguard Rajmudra from any costs due to non-compliance on its part. These obligations will survive any termination of Any member's Service Account or Any member's use of the Services and Any member Sites or expiry or termination of this Agreement. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Rajmudra and/or its suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or Any members.
17. Rajmudra Proprietary Trademarks/ Notices
Rajmudra,Rajmudra.in, Rajmudra.com, the Rajmudra logo, Rajmudra Site Builder and other Rajmudra owned or licensed logos and product and service names used in connection with the Services and Any member Sites, are trademarks of Rajmudra or its licensors (the “Service Marks"). Any member agrees not to display or use the Service Marks in any manner whatsoever without Rajmudra’s prior written consent. From time to time Rajmudra may in itits sole discretion offer a limited license to Any member to display Rajmudra award logos or other symbols of merit on Any member Sites after Rajmudra in its sole discretion confers such distinctions to applicable Any members. However, Rajmudra reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.
18. Modification/Availability of the Hosting Service
Rajmudra reserves the right, in its sole discretion, at any time and from time to time, to modify, replace, remove, suspend or discontinue the Website Service, temporarily or permanently, (or any part or feature thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Website Service, with or without notice. Rajmudra also reserves the right, in its sole discretion, at any time, to cancel, suspend, disable or refuse access to the Website Service, Any member Sites or Any member Content of any Any member or any third party, with or without prior notice. In addition, Any member understands and acknowledges that features and components of the Website Service and Any member Sites may be suspended, limited, and/or terminated due to actions taken by third party suppliers, licensors, and regulators, such as TPDNVs. Any member agrees that Rajmudra shall not be liable to Any member or to any third party for any modification, suspension or discontinuance of the Website Service, or for any cancellation, suspension, disabling or refusal of access to the Website Service, Any member Sites or Any member Content of any Any member or any third party. If Any member does not agree to any such modifications, Any member's sole and exclusive remedy is to cancel Any member’s Website Account. While Rajmudra endeavors to ensure that the Website Service is available at all times, Rajmudra shall not be liable if for any reason, the Website Service is unavailable at any time or for any period. Any member acknowledges and agrees that if Rajmudra disables Any member’s access to the Website Service, Any member will not be able to access Any member’s Website Account details, Any member Data, or Any member Content.
19. Termination/Cancellation of Any member's Hosting Service Account
Either Any member or Rajmudra may terminate or cancel Any member’s Service Account and/or Any member's use of and access to all or part of the Services and Any member Sites at any time, as follows:
a. Termination by Any member. Any member may cancel Any member’s Service Account or any part of the Services at any time. To cancel, Any member must contact customer support through the website URL referenced in Section 4 above. Any member will receive a cancellation confirmation via email after Rajmudra processes Any member's cancellation request. Upon confirmation of such cancellation, Rajmudra will refund on pro rata basis . Rajmudra also reserves the right to collect fees incurred before Any member cancels Any member’s Service Account in addition to any applicable cancellation fee(s).
Any member must provide Rajmudra with the following information in order for Rajmudra to process the cancellation:
(a) The exact name of the Services that Any member would like to cancel; (b) Any member's email address; (c) Any member's billing information, including the credit card number that the Any member used when purchasing the Services; and (d) Any member's reason for cancelling the Services.
b.Termination by Rajmudra. Rajmudra, in its sole discretion, may terminate Any member’s Service Account and this Agreement and Any member's use of and access to the Services and Any member Sites, including without limitation any related domain names, at any time and for any reason, including, without limitation, (i) if Any member breaches this Agreement, including, without limitation, due to (X) failure of Any member to make any required payments to Rajmudra when due, or (Y) failure of Any member to comply with the Any member conduct rules set forth in this Agreement, including without limitation Sections 8 and 12 above; (ii) if Rajmudra is unable to verify or authenticate any information that Any member provides to Rajmudra; (iii) Rajmudra concludes in its sole discretion that Any member’s use of or access to the Services or Any member Sites may result in liability to Rajmudra or its suppliers or licensors, or (iv) upon the bankruptcy or insolvency of Any member, or (v) Rajmudra concludes in its sole discretion that Any member is convicted of a felony or involved in a serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Rajmudra reasonably deems as the substantive equivalent of any of these. If Rajmudra terminates Any member's Service Account pursuant to (i), (ii), (iii), (iv) or (v) above, Any member will forfeit all credits, pre-paid fees, and any other amounts accruing to Any member, if any, and Rajmudra shall not be required to refund, redeem, or pay any such or other amounts to Any member.
c. Effect of Termination. Upon cancellation or other termination of Any member’s Service Account for any reason, Rajmudra shall (a) collect all fees, commitments and obligations incurred or accrued by Any member; (b) delete any or all Any member Content, Any member Data, End-User Data, listings, messages or other information in connection with Any member’s Service Account and Any member’s use of or access to the Services and Any member Site; (c) all unfulfilled obligations and liabilities of Any member under such agreements and Rajmudra’s rights under this Agreement which shall survive termination of this Agreement, and (d) prohibit Any member's access to and use of Any member’s Service Account, the Services and the Any member Sites, including without limitation by deactivating Any member's password. In no event shall Rajmudra be required to return any Any member Content to Any member upon any such termination. Rajmudra is not responsible for any damages to or losses incurred by Any member or any third party in the event Any member chooses to cancel the Any member’s Service Account and Rajmudra takes any of the above actions.
Notwithstanding anything contained herein, Any member understands and agrees that Any member’s cancellation of Any member’s Service Account is Any member's sole and exclusive right and remedy with respect to any dispute with Rajmudra. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Rajmudra’s enforcement or application of any such term; (2) any policy or practice of Rajmudra or Rajmudra’s enforcement or application of these policies; (3) any content available through the Services or any change in content provided through the Services; (4) Any member’s ability to access or use the Services or Any member Sites; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes including GST, surcharges or billing methods, if any
20. Data Privacy and Security
Rajmudra utilizes reasonable physical, electronic and procedural safeguards to help Rajmudra protect against the loss, misuse, disclosure and alteration of any personal data Rajmudra receives from Any member or about Any member’s end users or customers (“End-User Data”). Any member is considered to be the controller of such End-User Data, and is responsible for complying with all consumer protection and data privacy laws with respect to such End-User Data, and will indemnify, defend, and hold harmless Rajmudra and each other Indemnified Party from and against any and all Liabilities incurred by Rajmudra and or an Indemnified Party arising out of or related to Any member’s failure to so comply.
21. Notice
Statements, notices and other communications to Any member may be made by mail, email, postings within the Website Service or Rajmudra’s website, or other reasonable means. Any member shall be solely responsible for updating the account's registered email and postal address. Rajmudra shall not be responsible for any undelivered notices caused by Any member's failure to update the account information. Without limiting the generality of the foregoing, Rajmudra may provide notices of changes to this Agreement and the Website Service by displaying notices or links to notices generally on the Rajmudra website. Any member should refer to the Website - dashboard on Rajmudra’s website for information on how to contact and/or provide notice to Rajmudra.
22. General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Rajmudra’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Rajmudra, and any such attempted assignment shall be void-ab-initio. Rajmudra shall have the right to freely assign all or part of this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent of or notice to Any member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of Any member, and its successors and permitted assigns and Rajmudra and its successors and assigns. This Agreement sets forth the entire understanding and agreement between Rajmudra and Any member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Any member and Rajmudra are an independent parties and not agents or representative of each other. Any member shall not have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of Rajmudra. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between Any member and Rajmudra or to impose any partnership obligation or liability upon Rajmudra. Any member and Rajmudra hereby expressly acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
23. Independent Review
ANY MEMBER ACKNOWLEDGES THAT ANY MEMBER HAS READ AND FULLY UNDERSTOOD THIS AGREEMENT AND ALL RELATED POLICIES REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT ANY MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. ANY MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. IN ENTERING INTO THIS AGREEMENT AND ACCEPTING THE TERMS AND CONDITIONS SET FORTH HEREIN, ANY MEMBER REPRESENTS THAT IT HAS RELIED UPON THE LEGAL ADVICE OF ITS ATTORNEYS/LEGAL ADVISORS. NOTWITHSTANDING THE IDENTITY OF THE DRAFTERS OF THIS AGREEMENT, THE PARTIES HERETO AGREE THAT THERE WILL BE NO PRESUMPTION FOR OR AGAINST ANY PARTY ARISING OUT OF OR RELATING TO THE IDENTITY OF SUCH DRAFTERS.
24. Internet Domain Names
a. Rajmudra owns the primary domain names listed on Schedule 1 attached hereto, as such Schedule may be updated by Rajmudra from time to time in its sole discretion (the “Primary Domains”). Customer does not have any ownership interest or rights of any kind to any of the Primary Domains. If Customer subscribes for the ‘Starter Hosting Service’, Rajmudra will register, through one or more third party vendors’ subdomain name(s) under the applicable Primary Domain for use with the Any member Site----e.g., “[Name of Any member Business].vpweb.com” (collectively, “Standard Subdomains”). Rajmudra will own and control all Standard Subdomains. Customer will not have any ownership interest in any Standard Subdomain, but will have a limited, revocable, non-exclusive, non-transferable, non-assignable license to use such Standard Subdomain solely during the term of Any member's Service Account in connection with the operation of its Any member Sites through the Services.
b. Any member may request Rajmudra to acquire, if available, customized top-level domain name(s) for use in connection with the Any member Sites as part of an upgraded Services (collectively, the “Any member Domain Name”). Subject to clause c of this Section , Rajmudra will use its reasonable commercial efforts to register the Any member Domain Name if available, and, if successful in registering the Any member Domain Name, will serve as registrant with respect to such Any member Domain Name and will own and control the Any member Domain Name (“Registrant”). Customer will not have any ownership interest in any such Any member Domain Name, but will have a limited, revocable, non-exclusive, non-transferable, non-assignable, license to use such Any member Domain Name solely during the term of the Any member's Service Account in connection with the operation of its Any member Sites through the Services. Without limiting the generality of the foregoing, upon any termination of Any member’s Service Account, Any member will have no further access to or use of the Any member Domain Name.
By requesting that Rajmudra register a Any member Domain Name for the Any member Site through the Service, Any member hereby represents and warrants to Rajmudra that (a) all information Any member provides to Rajmudra for purposes of registering the Any member Domain Name and serving as Registrant therefore is complete and accurate; (b) the registration of the Any member Domain Name will not infringe upon or otherwise violate the rights of any third party; (c) Any member is not seeking to have the Any member Domain Name registered for an unlawful purpose; and (d) Any member will not knowingly use the Any member Domain Name in violation of any applicable laws or regulations. It is solely Any member’s responsibility to determine whether the Any member Domain Name registration infringes or violates someone else's rights.
Rajmudra may in its sole discretion use one or more TPDNVs who are ICANN accredited registrars, to provide domain name registration services in connection with the Any member Domain Names. In cases where Rajmudra serves as the Registrant for the Any member Domain Name, Rajmudra will have entered into the TPDNV’s terms of service with respect to such registration, which the TPDNVs may modify, amend or alter from time to time (the “TPDNV Registration Agreement”). A copy of the current form of TPDNV Registration Agreement is attached hereto as Annex A and incorporated by reference herein. Any member agrees and understands that Any member is required to fully comply with all of the obligations imposed upon Rajmudra as a party to the TPDNV Registration Agreement with respect to the creation, operation, and maintenance of the Services and Any member Site to the same extent as if Any member were directly a party thereto, and the TPDNVs, ICANN and the Registry may have certain rights under the TPDNV Registration Agreement and related policies, rules and regulations that can be enforced against or in relation to Any member. Any member will remain liable to Rajmudra, the TPDNV, ICANN, the Registry and other third parties to the extent of any violation of any of the terms and conditions of the TPDNV Registration Agreement or any related policies, rules, procedures, and regulations to the extent caused by or resulting from the actions or omissions of Any member or any of its affiliates, agents, employees, representatives, or customers. Accordingly, without limiting any other remedies available to Rajmudra under this Agreement or at law or in equity, Any member agrees to indemnify, defend and hold the Indemnified Parties harmless from and against any and all Liabilities incurred by them arising out of or related to any such actions or omissions.
c. Under certain circumstances, Rajmudra may in its sole discretion elect to offer to certain Any members the opportunity to own and control their Any member Domain Names and to serve as Registrant in connection with such Any member Domain Names. In all such cases, Any member must enter into the TPDNV’s then current TPDNV Registration Agreement directly with the TPDNV prior to such registration. Without limiting the generality of the foregoing or any of the terms and conditions set forth in the TPDNV Registration Agreement, as set forth in the TPDNV Registration Agreement, in such cases Any member must also agree to the terms and conditions of the ICANN Uniform Domain Name Dispute Resolution Policy as then in effect, a copy of the current version of which is attached hereto as Annex B and incorporated by reference herein, which may be modified, altered or amended by ICANN at any time in its sole discretion. Any member understands that Any member is creating a separate contractual relationship between Any member and each of the TPDNV and ICANN with respect to the Any member Domain Name by agreeing to the TPDNV Registration Agreement and ICANN Uniform Domain Name Dispute Resolution Policy, as applicable, and that Any member, and not Rajmudra, is responsible for all liability and obligations in connection with those contracts. If, after registering one or more Any member Domain Names as Registrant, Any member chooses to delete a previously registered Any member Domain Name and subsequently register one or more additional different Any member Domain Names, Any member will be charged the resulting domain name registration fees.
In cases where Any member serves as Registrant of the Any member Domain Names, Any member will be listed as the Registrant and administrative contact in connection with Any member's Any member Domain Name; however, Rajmudra may in its sole discretion temporarily list itself as the Registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV change is completed. In such cases, Any member hereby authorizes Rajmudra to list itself as the billing contact, technical contact and name servers in connection with Any member's Any member Domain Name and to take any actions Rajmudra deems appropriate in those capacities. However, upon termination of the Any member's Service Account, Rajmudra will immediately cease acting in those capacities. After such time, Rajmudra will not be responsible to forward any notices, emails or other correspondence to Any member or to take any other actions in connection with Any member's Any member Domain Name. Additionally, in the event that Any member’s Service Account is suspended or terminated by Rajmudra for lack of payment or any other reason or is cancelled by Any member, Rajmudra shall not renew any domain names that may become due for renewal during the suspension of the account or following termination. Any member will be solely responsible for all ongoing fees, as well as removing Rajmudra as the billing, technical contact and name servers in connection with such Registrant-owned Any member Domain Names.
d. Without limiting any other remedies available to Rajmudra under this Agreement or at law or in equity, Rajmudra, in its sole discretion, reserves the right at any time to deny, cancel, suspend, transfer or modify any domain name registration (i) to correct a mistake, (ii) if Rajmudra is notified or discovers that a complaint has been filed with a judicial or administrative body or other third party, including without limitation ICANN, the Registry or the TPDNV, challenging the registration, reservation or use of Any member’s domain name, (iii) to protect the integrity and stability of Rajmudra, (iv) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or dispute resolution process, (v) to avoid any liability, civil or criminal, or (vi) if the TPDNV, ICANN or the Registry denies, cancels, suspends or transfers the domain name in accordance with such entities’ agreements or policies then in effect. Any member agrees and understands that Rajmudra shall have no liability to Any member or any other person or entity for any damages, costs, expenses or other losses that may arise from any refusal to register, cancellation, suspension, transfer or modification of Any member’s domain name registration in accordance with the foregoing sentence or otherwise.
e. Any member agrees and acknowledges that Rajmudra will make domain name registration information Any member provides available to ICANN, to TPDNVs, to the Registry administrators, law enforcement agencies and to other third parties as necessary to fulfillfulfil its obligations under this Agreement or any other agreement with any person or to comply with applicable laws, rules, regulations and policies thereof. Any member further agrees and acknowledges that Rajmudra may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information Any member provides, for purposes of inspection (such as through a Whois service) or other purposes as required or permitted by ICANN and applicable laws. Any member hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Any member in connection with the registration of a domain name (including any updates to such information), whether during or after the term of the registration of the domain name. Any member hereby irrevocably waives any and all claims and causes of action Any member may have arising from such disclosure or use of Any member’s domain name registration information by Rajmudra or any third party.
25. Email
To the extent Rajmudra in its sole discretion makes available to Any members through the Hosting Service email services provided by one or more independent Third Party Email Services Vendor (each, a "TPESV"), Rajmudra will not be responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of its network or services. Rajmudra may change a TPESV, if any, at any time and from time to time in its sole discretion. Rajmudra is not a party to, and shall not be involved in or responsible for, any transactions, agreements, and/or disputes between Any member and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, Any member hereby releases Rajmudra (and its officers, directors, agents, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using email services, if any, Any member further agrees to the terms and conditions contained in Rajmudra’s then current Email Services Policy, a copy of which will be attached to this Agreement and incorporated by reference herein.
26. Governing Law and Dispute Resolution
26.1 This Agreement shall be governed by and construed in accordance with the laws of India. 26.2 In the event any dispute or difference arises out of or in connection with the interpretation or implementation of this Agreement, or out of or in connection with the breach, or alleged breach of this Agreement (hereinafter referred to as the “Dispute”) between Rajmudra and Any member, both of them shall attempt in the first instance to resolve the Dispute through friendly consultations. If the Dispute is not resolved through friendly consultations within fifteen (15) days after either of the party informing the other party in writing of the existence of the Dispute, then either party may refer the dispute for resolution by arbitration. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 or any statutory re-enactment or modification for the time being in force. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held at Aurangabad in the following manner: 26.2.1 All proceedings in any such arbitration shall be conducted in English. 26.2.2 There shall be a sole arbitrator appointed by Rajmudra. 26.2.3 The arbitration award made by the sole arbitrator shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The award shall be enforceable in any competent court of law. 26.2.4 The award shall be reasoned and shall be in writing. 26.2.5 The sole arbitrator may (but shall not be required to) award to the party that substantially prevails on merits, its costs and reasonable expenses (including reasonable fees of its counsel). 26.3 Subject to Clause 26.2, the courts at Aurangabad shall have exclusive jurisdiction over any of the disputes arising out of or in connection with this Agreement