ACCEPTANCE OF TERMS

 

THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Webztar LTD′S SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Webztar LTD. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS.

“AGREEMENT”

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND Webztar LTD (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by Webztar LTD in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Webztar LTD Portal (defined below), or obtain Services (defined below).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“YOU”

“You” means you individually, any person, including any employer that you are acting on behalf of.

“Webztar LTD″

“Subscription Based Plans”

“Subscription Based Plans” are tenured Subscription plans offered by Webztar LTD that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.

“SERVICES” AND “Webztar LTD PORTAL”

All references to “Services” refer to any Webztar LTD service plan that you enter into with Webztar LTD through use of the Webztar LTD web portal located at https://www.webztar.com/ “the “Webztar LTD Portal”) or by calling the Webztar LTD phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the Webztar LTD Portal, and any use of the Webztar LTD Portal. In the event of any conflict, these Terms and Conditions control any Plan Order form that you submit requesting Services (“Plan Order”).

“MATERIALS”

“Materials” means any web casts, downloaded materials, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Webztar LTD Portal are the proprietary and copyrighted work of Webztar LTD and/or its suppliers. The definition of “Materials” does not include the design or layout of the Webztar LTD Website or any other Webztar LTD owned, operated, licensed or controlled site.

“SOFTWARE”

“Software” means a computer program of any kind, whether owned by Webztar LTD or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Webztar LTD Software and Third Party Software.

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

You may order Services through the Webztar LTD Portal or by calling Webztar LTD. Once Webztar LTD accepts the Order submitted by you, then you will receive an email from Webztar LTD at the email address that you provide or have provided to Webztar LTD as part of the Registration Process for the Services. Webztar LTD is not responsible for rendering Services in connection with any Order that it has not accepted. Upon acceptance by Webztar LTD of an Order, you will have Service guidance.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, Webztar LTD will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Webztar LTD will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Webztar LTD′s Limited Warranty, which is set forth below.

PAYMENT

Services against any Order will be available once you have made payment for Services according to the requirements of the corresponding Order. Webztar LTD has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. You understand that certain Service Plans may have onetime fee including, but not limited to “Service Fee” and/or “Activation Fee”. This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.

Credit Card Billing: You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Webztar LTD to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize Webztar LTD and/or any other company who bills products or services, or acts as billing agent for Webztar LTD to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Webztar LTD with updated credit card information upon Webztar LTD′s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Webztar LTD nor any Webztar LTD affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Webztar LTD′s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.

RENEWAL POLICY

You understand that Webztar LTD subscription will renew at end of your subscription cycle unless explicitly stated otherwise.

Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Webztar LTD.

If you would like to opt out of the ‘Auto Renewal’, please call us and speak with one of our customer service representative at least 7 days prior to your subscription end date to discontinue your service.

PRIVACY POLICY

Webztar LTD Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. If you have not yet reviewed the Webztar LTD Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Webztar LTD over the telephone, electronically or otherwise, is not confidential or proprietary to you.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services and the Materials are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services or Materials. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Webztar LTD Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Webztar LTD server, or the network(s) connected to any Webztar LTD server, or interferes with any other party’s use and enjoyment of any of the Webztar LTD Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Webztar LTD Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Webztar LTD server or to any of the Webztar LTD Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Webztar LTD Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

USE OF COMMUNICATIONS SERVICES

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplication or unsolicited messages (commercial or otherwise). Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading Webztar LTD or others.

Webztar LTD has no obligation to monitor the Communication Services. However, Webztar LTD reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Webztar LTD reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Webztar LTD reserves the right at all times to disclose any information as Webztar LTD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Webztar LTD′s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING

You may not create hyperlinks to any portion of the Webztar LTD Portal, nor any Materials or Software posted therein.

INDEMNITY

You agree to indemnify, defend, and hold Webztar LTD, its subsidiaries, affiliates, officers, directors, employees, agents, licencors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these Terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Webztar LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Webztar LTD. You agree immediately to notify Webztar LTD of any unauthorized use of your account or any other breach of security known to you.

GUESTS; LIMITED LICENSE TO USE OF Webztar LTD PORTAL

If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the Webztar LTD Portal by current Webztar LTD customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”. As a Guest you may use the Webztar LTD Portal and Materials specifically designated as available to guests on the Webztar LTD Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Webztar LTD, (b) registering with Webztar LTD and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

COMMUNICATIONS SERVICES

Webztar LTD may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Webztar LTD′s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

LIMITED LICENSES TO USE THE Webztar LTD PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software posted on the Webztar LTD Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS

Any other use of the Webztar LTD Portal, Services, Materials or Software, other than as explicitly permitted by Webztar LTD is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Webztar LTD and its suppliers.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will:

Software/Data Backup: You understand and agree that Webztar LTD shall under no circumstance be responsible for any lost or corrupted software or data. Webztar LTD strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of Webztar LTD′s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Webztar LTD′s ability to schedule a support session. You hereby release Webztar LTD from any and all liability, and agree that Webztar LTD shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Webztar LTD or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM “SERVICES”

“Services” shall not include the following:

Any item or activity not covered by the terms of a Plan Order; Service beyond the duration limitations identified in your Plan Order; Problem diagnosis and support that may not be completed because of a problem with your computer, or their configuration that is beyond our control; Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

Problems that may and do result from:

External causes such as accident, abuse, misuse, or problems with electrical power; Usage that is not in accordance with product instructions provided by manufacturer; Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance; or Problems caused by using accessories, parts, or components not compatible with the product. Non Compliance with the Webztar LTD technician instructions for resolving the query.NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE WEBZTAR LTD PORTAL, OR THROUGH A SERVICE For your convenience, Webztar LTD may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Webztar LTD Web site may be copied or re-transmitted unless expressly permitted by Webztar LTD. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

THIRD PARTY SOFTWARE

As part of the Services, Webztar LTD may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software. Webztar LTD has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS

As part of the Services, Webztar LTD may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Webztar LTD may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Webztar LTD′s sole discretion, result in the termination of your customer account and use of service.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary in no event shall Webztar LTD be liable to you in excess of the amounts actually paid by you to Webztar LTD under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION

Webztar LTD at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Webztar LTD:

(a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Webztar LTD′s network, or the use and enjoyment of Webztar LTD′s other users;
(c) Webztar LTD receives an order from a court to terminate the Service you are availing ;
(d) if you are no longer a Webztar LTD customer, or
(e) Webztar LTD determines that you are abusing the Service. Webztar LTD, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVER ABILITY; WAIVER

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Webztar LTD′s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER

The Webztar LTD Portal is available internationally and may contain references to Webztar LTD products, services, and programs that are not available in a viewer’s country. These references do not imply that Webztar LTD intends to make such products, services, or programs available in such country.

MODIFICATION

Webztar LTD reserves the right to amend the Terms and Condition, and the Webztar LTD Portal at any time by (a) posting a revised version of the Terms and Conditions on the Webztar LTD’s Portal or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Webztar LTD in connection with registration. You are responsible for regularly reviewing the Webztar LTD website to be notified of any amendments to the Terms and Conditions. Your use of the Webztar LTD Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

LAW FORUM

This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of INDIA without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.

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