This SECURITY SERVICES AGREEMENT ("Agreement") is made by and between SearchFit eCommerce Solutions Pvt. Ltd., an India Corporation ("SESPL") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of SESPL's Security Services ("Services").
The terms "we", "us", or "our" shall refer to SESPL. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Services
SESPL's Security Services provide account and domain name features which allow you to configure as additional security precautions to safeguard your account with SESPL ("Account").
The Services are described below:
a. VIP Security Card - provides two-factor authentication when logging in to your Account. This service is provided by Symantec.
b. IP Account Lock - allows you to specify up to 3 static IP addresses which are granted the only access to your Account.
c. IP Access Logger - logs the login activity into your Account by user IP address.
d. Domain Locking - allows you to turn on and off the clientUpdateProhibited and clientTransferProhibited domain name statuses by domain name from within your Account.
e. Portfolio Secure™ - allows you to prohibit many critical account actions and changes without first verifying the actions by answering one of three pre-set security questions.
The Services include both paid and free services. You acknowledge that the free Services may have reduced functionality or capability. You may upgrade to the paid Services at any time.
The Services provided for under this Agreement are designed to provide an additional level of security for your Account with SESPL. You should never rely solely on these Services to maintain the security and integrity of your account. Always take standard and common-sense security precautions with all of your activities and accounts on the internet such as creating strong passwords, changing your passwords periodically, and never click or respond to unsolicited emails that ask for your user name and passwords. SESPL will never ask for your personal information unless the communication has been initiated by you.
2. Provision and Configuration of the Services
Once the Services are purchased and/or configured on a SESPL website or by telephone ("Site"), you may immediately begin using the Services.
If you have ordered to VIP Security Card, our support team may notify you to confirm your shipping address. You may begin to use the Service after you have received and configured your VIP Security Card within your Account.
3. Availability of the Services
Subject to the terms and conditions of this Agreement and each of SESPL's policies and procedures, SESPL shall use commercially reasonable efforts to provide the Services on a twenty-four (24) hours a day, seven (7) day per week basis throughout the term of this Agreement. You acknowledge that from time to time, the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction, (ii) periodic maintenance or update procedures, or (iii) causes beyond the reasonable control of SESPL including, but not limited to, Denial of Service attacks, or black-listing caused by attempts at sending SPAM.
4. Service Suspension
SESPL reserves the right to suspend, disable, or otherwise terminate your access to the Services, or take any other measures deemed to be appropriate at SESPL's sole and absolute discretion, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Services.
5. Term and Termination
This Agreement shall commence on the first day that Services are ordered and paid for and shall remain in force continuously and uninterrupted so long as the Services are active. This Agreement shall renew upon payment of renewal by you.
All Services under this Agreement are provided on a pre-paid or advanced basis.
You may terminate this Agreement at any time without written notice. Upon termination, SESPL shall terminate access to the Services and any Data provided in connection with the Services immediately.
You agree to release, defend, indemnify and hold harmless SESPL, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the Services provided hereunder by SESPL, the Site or your account manager, your account with SESPL, your use of the Services, and/or disputes arising in connection with the Services.
7. Warranty Disclaimer
SESPL, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, SESPL'S SERVICES AND ITS SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
8. Limitations of Liability
YOU AGREE THAT SESPL WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT SESPL WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 12 MONTHS OF SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The terms of this Agreement and information and data that one party (the "Receiving Party") has received or will receive from the other party (the "Disclosing Party") in connection with the this Agreement are proprietary and confidential information ("Proprietary Information") of the disclosing party, including without limitation, any and all technical and non-technical information.
Each of the parties agrees that they will not use, disseminate, or in any way disclose any Proprietary Information of the other party to any third party (except as required by law), nor use the Proprietary Information for any purpose not permitted under this Agreement. The nondisclosure obligations set forth in this section shall not apply to information that was previously available in the public domain prior to or during the term of this Agreement.
You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operational of law or otherwise, to any third party without the prior written consent of SESPL. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
SESPL reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use or continue to use the Services. SESPL may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. SESPL is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
11. Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of India without regard to conflict of laws and principles contained therein. All controversies arising hereunder shall be brought in the courts located in India.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain, Inc.
Last Revised: August 27, 2012