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Besthosting Nepal's Hosting & Domain
Registration Terms & Conditions:
(Any customers who use our services will
automatically agree for our following terms &
Conditions)
Hosting Terms & Conditions
This Acceptable Use Policy (this "Policy") governs
the usage of Besthosting Nepal 's products and
services (the "Services"). This Policy is
incorporated by reference into each contract
Besthosting Nepal enters into with a customer
(each, a "Customer") for the use of such Services.
Besthosting Nepal may modify this Policy at any
time without notice. In addition, this Policy is
incorporated by reference into the Terms and
Conditions applicable to Besthosting Nepal 's Web
site so that no person who utilizes Besthosting
Nepal 's Web site (regardless of whether that
person is a Customer) may take any action
utilizing Besthosting Nepal 's Web site that a
Customer would be prohibited to take utilizing the
Services.
This AUP is intended to help protect our Customers
and the Internet community from the inappropriate
use of the Internet. Customer's use of Besthosting
Nepal service constitutes acceptance of this AUP.
Besthosting Nepal reserves the right to revise and
update this AUP from time to time. The Customer is
responsible for keeping itself informed of the
current AUP in effect, including any revisions or
updates, and for abiding by the terms of this AUP.
1. Besthosting Nepal services may only be used for
lawful purposes, and Customer shall bear the
burden of establishing that such use complies with
all applicable laws. The Customer is responsible
for all use of the account, with or without the
knowledge or consent of the Customer.
2. Besthosting Nepal reserves the right, at its
sole discretion, with or without notice, to remove
or refuse to post material that violates this AUP
or to suspend or terminate service provided to any
Customer if the Customer or any end-user using
Customer's services or facilities, directly or
indirectly:
a. Violates the rules, regulations and policies
applicable to any network, server, computer
database, web site or newsgroup that Customer or
end-user accesses;
b. Sends, or facilitates the sending of,
unsolicited bulk mail messages ("email spam") to
any person or system in a way that could be
expected to adversely impact Besthosting Nepal
network or facilities; or sends mail-bombs (masses
of e-mail or other data) to any person or system,
propagates or replies to mail-bombs, or uses a
Besthosting Nepal website address or hosted web
account to collect responses from unsolicited
commercial e-mail;
c. Uses services in a manner which is intended to
abuse or to violate the property rights of others,
including, without limitation, activities which
result in the distribution of viruses, worms, time
bombs, Trojan horses, cancel bots, or other
destructive activities;
d. Uses the services in a manner that infringes on
the intellectual property rights of any third
party or any rights of publicity or privacy;
e. Violates any law, statute, ordinance, or
regulation (including without limitation the laws
and regulations governing criminal activity,
export control, unfair competition,
anti-discrimination or false advertising);
f. Publishes or communicates material that is
obscene, defamatory, trade libellous, unlawfully
threatening or unlawfully harassing;
g. Uses services to attempt to break security, or
in fact, breaks security of any computer network,
or to access an account without authorization;
h. Forges removes or modifies identifying network
header information ("spoofing"), or employs any
other methods in connection with the transmission
of e-mail used to disguise or mislead any user
name or the source or quantity of transmissions;
except when using deliberately misleading headers
in newsgroups to avoid Spam e-mail address
collectors.
i. Relays e-mail through any third-party systems
without authority;
j. Uses services to conduct any other activities
which Besthosting Nepal determines are injurious
to its Customers, operations, or reputation
k. Provides false information on a Besthosting
Nepal service application, contract or on-line
application, including, but not limited to, the
fraudulent credit card information;
l. Attempts to or resells Besthosting Nepal
service without Besthosting Nepal authorization;
m. Uses bandwidth or disk space in excess of
limits permitted in account descriptions.
3. Customer must immediately notify Besthosting
Nepal of any unauthorized use of an account,
and/or any breach, or attempted breach, of
security known to Customer. Customer is
responsible for ensuring that its network is
configured in a secure manner. Customer may not,
through action or inaction, allow others to use
its network for illegal or inappropriate
activities. Besthosting Nepal takes no
responsibility for the security of the
communications transmitted over Besthosting Nepal
facilities.
4. Besthosting Nepal does not, and does not hereby
assume any responsibility to, review or edit
materials which Customers or its end-users publish
or post on Besthosting Nepal facilities or the
Internet, and is not responsible for such content,
posting or activity. Besthosting Nepal is not
responsible for the content of any other websites
linked to or Besthosting Nepal Customer's
services.
5. Besthosting Nepal respects Customer privacy
rights and will not intentionally disclose
Customer's online communications or activities
except to comply with court orders, subpoenas,
statutes, regulations, or governmental requests;
in order to protect Besthosting Nepal or its
Customers from harm; or where necessary for the
operation of the system. Besthosting Nepal may
occasionally and randomly monitor online
communications only for mechanical or quality
control checks.
6. Besthosting Nepal may, in its sole discretion,
remove or disable Customer materials or terminate
services to Customer with or without notice to
Customer, if Customer's materials, postings or
links allegedly infringe trademark, copyright or
other intellectual property rights of third
parties. Besthosting Nepal is not responsible for
determining if the allegations of infringement are
valid. In addition, Besthosting Nepal may
terminate services to Customer, if Customer
violates this provision.
7. Customers who are Internet Service Providers
must follow the policies outlined above or
stricter ones with regard to their end-users use
of Services.
8. Besthosting Nepal , in its sole discretion,
will determine on a case-by-case basis what action
will be taken in response to a violation of this
AUP. Besthosting Nepal reserves the right to
investigate suspected or alleged violations of
this AUP, including gathering information from
Customer, its end-user the complaining party, and
examining of material on Besthosting Nepal
servers. Nothing contained in this policy shall be
construed to limit Besthosting Nepal actions or
remedies in any manner. Besthosting Nepal reserves
the right to take any and all additional actions
it may deem appropriate with respect to such
activities, including without limitation taking
action to recover the costs and expenses of
identifying offenders and removing them from the
Besthosting Nepal service and levying cancellation
charges to cover Besthosting Nepal costs in the
event of termination for the causes outlined
above. Besthosting Nepal reserves at all times all
rights and remedies available to it with respect
to such activities at law or in equity.
9. Besthosting Nepal shall not be liable for any
damages of any nature suffered by any Customer or
any third party resulting in whole or in part from
Besthosting Nepal exercise of its rights under
theses policies. By using Besthosting Nepal
services, Customer agrees to waive and hold
harmless Besthosting Nepal from any claims
relating to any action taken by Besthosting Nepal
including conducting an investigation, issuing a
warning, refusing to post material, removing
material, or suspending or terminating services,
or other appropriate action. This waiver applies
to all violations described in this AUP.
10. Violations of this policy shall be reported by
e-mail at info@besthostingnepal.com OR by phone to
the Besthosting Nepal Network Operations Center at
+977 9841892052
11. Besthosting Nepal reserves the right to amend,
alter, or modify this AUP at any time in its sole
and absolute discretion. Any amendment or
modification is effective when posted and any use
of the Besthosting Nepal services after the
posting of a modification or amendment will be
considered acceptance of those modifications.
Domain Registration Terms & Conditions:
besthosting Nepal Pvt. Ltd (hereinafter referred
to as "Parent") AND you (hereinafter referred to
as "Customer/Reseller")
HAVE entered into a Customer Master Agreement
("Agreement") effective from March 22, 2008 of
which this "Domain Registration Product Agreement
Extension" is a part.
WHEREAS, Parent is authorized to provide Internet
registration and management services for
second-level domain names within .COM, .NET, .ORG,
.BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL,
.WS, .COOP, CentralNIC, .MOBI and .ASIA top level
domains and .NAME Defensive Registrations and
.NAME Mail Forwards;
WHEREAS, the Customer wishes to purchase
Registration and/or Management and/or Renewal
and/or Transfer for .COM, .NET, .ORG, .BIZ, .INFO,
.NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP,
CentralNIC or .MOBI or .ASIA top level domains or
.NAME Defensive Registrations or .NAME Mail
Forwards through Parent;
NOW, THEREFORE, for and in consideration of the
mutual promises, benefits and covenants contained
herein and for other good and valuable
consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged,
Parent and the Customer, intending to be legally
bound, hereby agree as follows:
1. DEFINITIONS
(1) "TLD" refers to .COM, .NET, .ORG, .BIZ, .INFO,
.NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP,
CentralNIC, .MOBI and .ASIA
(2) "gTLD" refers to .COM, .NET, .ORG, .BIZ,
.INFO, .NAME, .TRAVEL, .COOP, .MOBI and .ASIA
(3) "Domain Order" refers to an Order fulfilled by
the Customer through the Parent under this Domain
Registration Product Agreement Extension
(4) "Registrant" refers to the registrant/owner of
a Domain Order as in the OrderBox Database.
(5) "Registrar" refers to the Registrar of a
Domain Order as in the OrderBox Database and/or
shown in the Whois Record;
(6) Registry Operator refers to the Organisation/Entity
that maintains the registry of a TLD of a Domain
Order;
(7) "Whois Record" refers to the collection of all
data elements of the Domain Order, specifically
its Registrant Contact Information, Administrative
Contact Information, Technical Contact
Information, Billing Contact Information,
Nameservers if any, its Creation and Expiry dates,
its Registrar and its current Status in the
Registry;
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant
of each Domain Order must agree to be bound by the
terms and conditions laid out by the Registrar of
the Domain Name during the term of the Domain
Order. The Customer must familiarize himself with
such terms. The Customer acknowledges that the
Registrar has various rights and powers as
mentioned in the Registrar's terms and conditions.
Parent is not liable for any action taken by
Registrar pursuant to the Registrar's terms and
conditions. The Customer acknowledges and agrees
that the Customer shall indemnify Parent of, and
shall be responsible for any liability resulting
from Registrants' noncompliance with such terms
and conditions.
(2) The Customer will not make any changes to any
information associated with the Domain Order
without explicit authorization from the Registrant
of that Domain Order.
(3) The Customer must comply with all applicable
terms and conditions, standards, policies,
procedures, and practices laid down by ICANN, the
Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole
discretion, expressly reserve the right to freeze,
delete, suspend, deny, cancel, modify, take
ownership of or transfer any Domain Order, in
order to comply with any applicable Dispute
policies, requests of law enforcement, or in
compliance with any Court Orders, or if Parent or
Service Providers in their sole discretion
determine that the information associated with the
Domain Order is inaccurate, or has been tampered
with, or has been modified without authorization,
or if Parent or Service Providers in their sole
discretion determine that the Domain Order
ownership should belong to another entity, or if
Customer/Customer/Registrant does not comply with
any applicable terms and conditions, standards,
policies, procedures, and practices laid down by
Parent, Service Providers, ICANN, the Registrar
and the Registry Operator. The Customer agrees
that Parent and Service Providers, and the
contractors, employees, directors, officers,
representatives, agents and affiliates, of Parent
and Service Providers, are not liable for loss or
damages that may result from any of the above.
4. SURVIVAL
In the event of termination of this Product
Agreement Extension for any reason, Sections 2 and
3 shall survive
APPENDIX 'A'
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact
details of the actual owner from appearing in the
Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the
contact information being displayed in the Whois
of a privacy protected Domain Order will be those
designated by the Parent, and
(1) any mail received via post at this Address
would be rejected;
(2) any telephone call received at this Telephone
Number, would be greeted with an electronic
answering machine requesting the caller to email
the email address listed in the Whois of this
privacy protected domain name;
(3) the sender of any email to an email address
listed in the Whois of this privacy protected
domain name, will get an automated response email
asking them to visit the URL http://www.privacyprotect.org/
to contact the Registrant, Administrative, Billing
or Technical Contact of a privacy protected domain
name through an online form. This message would be
relayed as an email message via http://www.privacyprotect.org/
to the actual Registrant, Administrative, Billing
or Technical Contact email address in the OrderBox
Database.
(2) Customer agrees that we can not guarantee
delivery of messages to either the Registrant,
Administrative, Billing, Technical Contact, of a
privacy protected Domain Order, and that such
message may not be delivered in time or at all,
for any reason whatsoever. Parent and Service
Providers disclaim any and all liability
associated with non-delivery of any messages
relating to the Domain Order and this service.
(3) Customer understands that the Privacy
Protection Service is only available for certain
TLDs
(4) Irrespective of whether Privacy Protection is
enabled or not, Customers and Registrants are
required to fulfill their obligations of providing
true and accurate contact information as detailed
in the Agreement
(5) Customer understands and acknowledges that
Parent in its sole, unfettered discretion, can
discontinue providing Privacy Protection Services
on the Order for any purpose, including but not
limited to -
(1) if Parent receives any abuse complaint for the
privacy protected domain name, or
(2) pursuant to any applicable laws, government
rules or requirements, requests of law enforcement
agency, or
(3) for the resolution of disputes concerning the
domain name
(4) or any other reason that Parent in its sole
discretion deems appropriate to switch off the
Privacy Protection Services
3. OBLIGATIONS OF CUSTOMER/RESELLER
Customer must ensure that the Registrant of each
Domain Order must also acknowledge and agree to be
bound by the following terms and conditions. The
Customer acknowledges and agrees that the Customer
shall indemnify Parent of, and shall be
responsible for any liability resulting from
Customer's nondisclosure of these terms to
Registrant of Domain Order.
4. INDEMNITY
Customer and Registrant agree to release, defend,
indemnify and hold harmless Parent, Service
Providers, PrivacyProtect.org, and their 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 the Privacy Protection
services provided hereunder.
For more information Contact:
Besthosting Nepal
Email: info@besthostingnepal.com
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