1. General

This agreement explains the terms and conditions governing your use of the  Rishihost products, service, technology, and any other content available on the Rishihost website (hereinafter called service or services). It represents the complete agreement and understanding between Rishihost, web hosting division of Geeklogix Solutions Pvt. Ltd. (formerly known as Rishidot Solutions), hereinafter called Rishihost or "We" or "Our" and the person or organization (including resellers) who subscribe to our services, hereinafter called member or "you" or "your".

By using the service, you agree to comply with all of the Terms and Conditions set out in this document. If you do not wish to accept this agreement, do not proceed with the registration. This document is accessible in our website at http://www.rishihost.com/terms.html.

Rishihost shall have the right at anytime to change or modify the terms and conditions applicable to your use of services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately, with or without any notifications by us.

2. Service

All Rishihost members (including resellers) will receive services subscribed by you or products purchased by you from the list of our products and services. For all the services you have subscribed, you will receive web based and email based customer and technical support. The optional features you buy are different from the basic service and these terms and conditions apply to all these optional features individually.

All our services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more services when the necessary facilities, equipment or services are not available for any reason whatsoever.

Access to your hosting account is gained with a login id and password supplied to you when you sign up. You are entirely responsible for the confidentiality of your login id and the password. If your login id or password is compromised, please notify  Rishihost immediately. Similarly, if we find out that there is a compromise or misuse of your account, we will change the password immediately and notify you through email.

3. Payment Term and Termination

For access to and use of any  Rishihost Service, you agree to pay all fees and charges related to your Service. All fees are due immediately and are nonrefundable. If you upgrade your hosting service to include optional features, additional fees for such optional services will be charged. In case of change in optional services, such fees as already paid shall be prorated.

Rishihost requires that you pay for all your services in advance. If there is a failure to pay the dues in time, you agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law.

You understand that if Rishihost does not receive timely payment of all amounts due for any Service (hosting or domain name registration or any other service offered through this website and subsidiary websites) or optional features you purchase, your use of any Rishihost Service may be terminated at our sole discretion.

FEES PREPAID FOR  Rishihost SERVICES ARE NON-REFUNDABLE.

Your subscribed services and other optional features will be renewed automatically at the end of the term. If cancellation or service change is required, notification must be received by us, along with Member ID and password for verification, at least 15 days prior to the automatic service renewal.

We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend the service offered to you in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement. In certain cases, we reserve the right to cancel the service offered to you without giving any explanation. This may be necessary to ensure the smooth functioning of the company.

Domain registrations purchased through Rishihost cannot be cancelled nor refunded. Domains will remain active until the end of the registration term.

The prices for the Service and Optional Features are made available on our website and are subject to change without notice. No refunds will be given for partial terms or for any initial registration fee or setup fees. Where applicable, you will be charged for excessive bandwidth usage if you exceed the amount allocated to for your Service. Service fees may be charged for (but not limited to) additional DNS zone file customization requests, FrontPage extensions reset, re-enable FTP or email administrator privileges. Any applicable sales taxes resulting from your use of the Service will also be charged to you.

Account invoices are sent to members through email.. Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate. All disputes and billing inquiries are deemed to be waived after a period of 30 days from the date of invoice.

While using the Service you must comply with applicable laws in United States, Singapore and India at all times. You assume total responsibility and risk for you and your authorized users' use of the Service.

You are responsible for paying all charges necessary to use and access the Service. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate the Service. Any such changes will require you to provide the correct Member ID and password.

If you are a reseller, it is your responsibility to ensure that your clients adhere to all these terms and conditions.

1. You may not use any Rishihost service to, including but not limited to:

   1. display material containing pornographic material of any kind;

   2. provide material that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable content;

   3. sell or promote any products or services that are unlawful in the United States, India and Singapore;

   4. display material or otherwise exploits children under 18 years of age;

   5. post or otherwise any content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;

   6. promote or otherwise mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities

   7. post or disclose any personally identifying information or private information about any third parties without their consent;

   8. do anything  Rishihost deems illegal or unacceptable.   

2. You agree that you will not provide, sell, or offer to sell the following products or content (or services related to the same) on the your website: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.

3. You also agree that you will not use or allow others to use Rishihost resources to    launch an attack on an Internet system or to undertake surveillance of another party's network resources.  

4. You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals.

5. You agree that you will never conduct the following types of activities on the Member Site: gambling; lotteries; pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam). We strictly enforce a zero-spam tolerance policy. Spam abuse includes, but is not limited to, bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Rishihost account. Spam violations will result in immediate account suspension.

6. You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Rishihost Service, Solution or Technology; deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the Rishihost Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.

7. Abuse of any kind in any communication between Client and Provider will not be tolerated. Provider reserves the right to Terminate Client Services for excessive abuse and the right to determine when to apply said Termination.

8. If you are having a non-english website, you should get prior permission from Rishihost. You need to supply them with the exact translation of the website. Failure to do so will result in termination of your website/server.

Without limiting the scope of the above, we forbid the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. We reserve the right to determine what constitutes excessive usage of system and network resources.

You are responsible for keeping your contact information with us always current and updated.

Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information and is subject to modification from time to time by us. You agree to review the Privacy Policy periodically to become aware of any such modifications. Continued access or use of our Service shall be deemed to be conclusive acceptance by you of the modified Privacy Policy. Our Privacy Policy is accessible on our website http://www.rishihost.com/privacy_policy.html.

Rishihost does not use any advertisements on paid member sites. 

We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for:

1. any such suspensions of Service

2. the termination of Service pursuant to these Terms and Conditions

3. suspension or termination of Service due to your non-payment of amounts or deposits due

4. suspension or termination of Service due to your unlawful or improper use of facilities or Service

5. your inability to access any Services; or

6. suspension or termination of the Service for any other reason at our sole discretion.

The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely you and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.

Neither we nor our suppliers warrant that the Service will be uninterrupted or error free. We don't backup your site unless you have bought the backup service from us. It is your responsibility to backup your site.

Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Rishihost"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or our equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Rishihost is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Rishihost has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. Also it should be noted that we shall not be held liable for any violation of any copyright or trademarks by the customer or supplier. The limitations on liability contained in this Agreement shall survive the termination of this Agreement.

Your Indemnification of Rishihost

You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service offered by us including reseller accounts. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement. If you are a reseller, you agree to indemnify Rishihost as explained above even if the issue is a consequence to the action of your clients.

The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.

These Terms and Conditions are binding upon, and shall endure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.

We reserve the right to assign our rights and obligations under this Agreement to a third-party in connection with a merger, consolidation, sale of our assets or corporate re-organization.

We are not liable for any delay, interruption or failure in the performance of our obligations if caused by forces outside the control of human being, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event. .

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with the laws of India (laws enforced by the Courts in India).

You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts in Tiruchirapalli, Tamilnadu, India, for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. The agreement shall not be governed by the United Nations convention on the international sale of goods or any other international law or treaty.

Domain name registrations will subject you to the Terms and Conditions of the respective governing domain extension registries. .COM, .NET, .ORG domain name extensions are governed by ICANN policy.

 Rishihost does not accept agreements and payments from persons under the legal age of 18 years. We require that agreements are made with a person who is legally qualified to contract. Rishihost customers must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure proper payment will be made.

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.