Domain Name Policy
Domains Terms and Conditions
In this Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us"
and "our" refer to Pugmarks Hosting OR Pugmarks InterWeb Pvt.
Ltd.(hereinafter referred as "Pugmarks") and Services refers
to the services provided by Pugmarks Hosting.
This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
Domain Name Selection
Pugmarks Hosting does not check to see whether the domain name you select/transfer,
or the use you make of the domain name, infringes legal rights of
others. We urge you to investigate to see whether the domain name
you select or its use infringes legal rights of others, and in particular
we suggest you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer your domain
name. You should be aware that if we are sued or threatened with lawsuit
in connection with your domain name, we might turn to you to hold
us harmless and indemnify us. We do not register abusive domain names.
We will register your domain name in .com, .net and .org extensions.
For the registration of the domains with other extensions, you will
contact the registrar directly. However, we reserve the right to register
the domains with other extensions on special occasions. But, we are
not liable to register the domains in other extensions except .com,
.net and .org
Fees, Payment and Term
You agree to pay us prior to the effectiveness of the desired domain
name registration, the then-current amounts set forth in the Pugmarks
Hosting price schedule for the initial registration of the domain
name and, should you choose to renew the registration, subsequent
renewals of the registration. All fees are non-refundable, in whole
or in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your current registration term.
Pugmarks Hosting reserves the right to change fees, surcharges, renewal
fees or to institute new fees at any time, for any reason, as its
sole discretion.
In the event of a charge back
by a credit card company (or similar action by another payment provider
allowed by Pugmarks Hosting) or dishonor of cheque/demand draft or non-payment
in any other form in connection with the payments of the registration,
renewal or registrar transfer fee, you agree and acknowledge that
the domain name registration shall be transferred to Pugmarks Hosting
as paying entity for that registration to the registry and that we
reserve all rights regarding such domain name available to other parties
for purchase. You also agree that once a domain registered as per
your request and you find that the domain name has been registered
wrongly, we will not refund or registered another domain name in lieu
of that domain. You will have to pay us the applicable charges for
new domain registration. But if the domain is registered wrongly by
Pugmarks Hosting, we will register the correct domain without any cost
and the wrong domain name will be shifted in the name of Pugmarks Hosting
and Pugmarks Hosting reserves the right to make it available or put
it for sale for other persons at its sole discretion.
In the event of a charge back
by a credit card company (or similar action by another payment provider
allowed by Pugmarks Hosting) or dishonor of cheque/demand draft or non-payment
in any other form in connection with the payments of the registration,
renewal or registrar transfer fee, you agree and acknowledge that
the domain name registration shall be transferred to Pugmarks Hosting
as paying entity for that registration to the registry and that we
reserve all rights regarding such domain name available to other parties
for purchase. You also agree that once a domain registered as per
your request and you find that the domain name has been registered
wrongly, we will not refund or register another domain name in lieu
of that domain. You will have to pay us the applicable charges for
new domain registration. But if the domain is registered wrongly by
Pugmarks Hosting, we will register the correct domain without any cost
and the wrong domain name will be shifted in the name of Pugmarks Hosting
and Pugmarks Hosting reserves the right to make it available or put
it for sale for other persons at its sole discretion.
Pugmarks Hosting serves the right
to charge higher fees in case of renewal of an expired domain name,
for any reasons whatsoever.
All the payments are to be made
by Demand Draft/Check in favor of Pugmarks Hosting OR Pugmarks InterWeb
Pvt. Ltd. payable at Chandigarh. You can also make the payment online.
Along with the payment, you will
provide us the complete domain registration details required to register
a domain name. The domain registration details mean the complete details
of the Registrant, Admin and Billing contact. In case if the complete
domain registration details are not provided by you, we will not register
your domain name. And at the time of providing the complete registration
details, if your domain is registered by another person, we will not
be responsible for the same. In such event, you can either provide
us another domain name option or we will refund your money, net of
bank charges, if any. You also acknowledge and agree that Pugmarks Hosting
cannot guarantee that you will be able to register or renew a desired
domain name even if any inquiry indicates that domain name is available,
since Pugmarks Hosting cannot know with certainty whether or not the
domain name which you are seeking to register is simultaneously being
sought by third party(s), or whether there are any inaccuracies or
errors in the domain name registration or renewal process or related
databases, including the various WHOIS database. You further agree
that Pugmarks Hosting may elect to accept or reject your application
for registration or renewal for any reason at its sole discretion.
Domain Name can be applied for
a period of 1 to 10 years from the date of registration. You can apply
for renewal of the registration for further period of 1 to 10 years
on payment of renewal fees applicable at the time of re-registration,
and terms and conditions as applicable at the time of re-registration.
Pugmarks Hosting will try to notify
you prior to the expiry of your domain. We owe no responsibility if
we fail to notify prior to due date. You are requested to make the
payment as and when due and further request not to rely on our mail
for reminding you to make the payment. The payment for renewal must
be received at least 15 days prior to the date of expiry in order
to avoid the release of the domain and being taken by someone else.
Pugmarks Hosting will not be responsible if the domain is released by
the registrar due to non-renewal payment or whatever reasons applicable.
In case the requisite payment
is not received since it is due, then we can stop providing services
to you and the stoppage of service due to non payment or any other
reason attributable to you can not be held as " intent to cause
wrongful loss or damage to the public or any person and neither it
can be constructed to diminish the value or utility or affect you
injuriously".
Discontinuance of service by Pugmarks
Hosting due to non-payment of dues or any other reason attributable
to you does not amount to Hacking.
Domain Modifications
The following points will be considered while changing registrant,
Admin, billing and technical contact or name server details of your
domain records.
i) If your domain is registered with networksolutions.com and a request
for change in the registrant contact details is to be filed, you and
another party, in whose name the registrant's contact details are
to be changed, will contact the networksolutions.com directly and
will agree and acknowledge the terms and conditions mentioned on the
registrar's site. Pugmarks Hosting will neither act as a mediator nor
will come into the picture.
ii) If Pugmarks Hosting has account
password through which the bulk domains have been registered or has
a domain manage password which it cannot provide to you due to security
or whatever reasons applicable, in this case you (registrant of the
domain) will fax us the domain modification request on your company's
letterhead duly signed by the CEO or Vice-President.
iii) If any payment is pending
for the service purchased from Pugmarks Hosting, you will have to first
clear all dues to Pugmarks Hosting before shifting out your domain name.
iv) If your domain has been registered
by your agent/previous ISP who has put the details of his domain in
his/their name and you want to change the domain contact details in
your name, please contact your agent/previous ISP and sort out the
issues on your own. You agree to indemnify us if a dispute arises
between you and your agent/previous ISP.
v) As a technical contact, Pugmarks
Hosting will not acknowledge any domain modification request in case
if the admin contacts email ID is no longer valid. In this case, please
contact the registrar directly.
vi) If a domain is registered
with bulkregister.com or with other registrar and you want to transfer
your domain from Pugmarks Hosting Bulkregister.com registrar's account
to your own bulkregister.com account or to other account provided
by other registrar, you (registrant of the domain) will send us a
fax on your (his) company's letterhead duly signed by the CEO or Vice-President
stating the account number of the registrar where he would like to
transfer his domain name.
vii) Pugmarks Hosting can charge
certain fee for modification requests as and when it deems fit.
Modifications to Agreement
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions
of this Agreement; and
(2) change the services provided
under this Agreement. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement or change
to the service(s) on our web site, or on notification to you by e-mail
or regular mail.
You agree to review our web site,
including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail or
regular mail. Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement or change in service(s),
you abide by any such revisions or changes. You further agree that
we, in our sole discretion, may modify our Dispute Policy at any time.
You agree that, by maintaining the reservation or registration of
your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modifications, you may request
that your domain name be deleted from the domain name database.
Domain Name Dispute Policy
If you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound
by ICANN Domain Name Dispute Policy ("Dispute Policy"),
Please take the time to familiarize yourself with the dispute policy.
ICANN reserve the right to modify the dispute policy and the moment
modified dispute policy is put in our web site the modified dispute
policy is applicable. http://www.icann.org/dndr/udrp/policy.htm
Domain Name Disputes
You agree that, if the registration or reservation or transfer of
your domain name is challenged by a third party, you will be subject
to the provisions specified in the Dispute Policy in effect at the
time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
Agents
You agree that, if an agent for you (i.e., an Internet Service Provider,
web design company, employee, etc.) purchased our Services on your
behalf, you are nonetheless bound as a principal by all terms and
conditions herein, including the Dispute Policy.
Announcements
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products
or other information to add security or to enhance your identity on
the Internet.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for such
Service(s). Our contractors and we shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of
procurement of substitute services. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3)
loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your Account Identifier
or Password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the development
or interruption of your Web site or email service. The registrant
agrees that we will not be liable for any loss of registration and
use of registrant's domain name, or for interruption of business,
or 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 our maximum liability shall exceed the amount of fees paid by
you for the service/s, hired by you.
Indemnity
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties relating
to or arising under this Agreement, the Services provided hereunder
or your use of the Services, including without limitation infringement
by you, or someone else using the E-mail Service with your computer,
of any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant.
To the terms and conditions contained
in the Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be considered
by us to be a breach of your Agreement and may result in deactivation
of your domain name.
Breach
You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to us, that you have not
breached your obligations under the Agreement, then we may delete
the registration or reservation of your domain name or terminate your
e-mail account without further notice.
Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
Governing Law; Dispute Resolution
This Agreement is made under and will be governed by and construed
in accordance with the laws of IL USA or India, as applicable. The
parties will endeavor to settle amicably by mutual discussions any
disputes, differences, or claims whatsoever related to this Agreement.
Failing such amicable settlement, any controversy, claim, or dispute
arising under or relating to this Agreement, including the existence,
validity, interpretation, performance, termination or breach thereof,
shall finally be settled by arbitration. There will be three (3) arbitrators
(the Arbitration Tribunal), the first of which will be appointed by
the claimant in its notice of arbitration, the second of which will
be appointed by the respondent within thirty (30) days of the appointment
of the first arbitrator and the third of which will be jointly appointed
by the party-appointed arbitrators within thirty (30) days thereafter.
The language of the arbitration shall be English. The Arbitration
Tribunal will not have the authority to award punitive damages to
either party. Each party shall bear its own expenses, but the parties
will share equally the expenses of the Arbitration Tribunal. This
Agreement will be enforceable, and any arbitration award will be final,
and judgment thereon may be entered in any court of competent jurisdiction.
The arbitration will be held in Chandigarh, India ,as applicable.
Notwithstanding the foregoing, claims for preliminary injunctive relief,
other pre-judgment remedies, and claims for Customer's failure to
pay for Services in accordance with this Agreement may be brought
in a court of law over the subject matter and parties.
Domains Terms and Conditions
In this Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us"
and "our" refer to Pugmarks Hosting OR Pugmarks InterWeb Pvt.
Ltd.(hereinafter referred as " Pugmarks Hosting ") and Services
refers to the services provided by Pugmarks Hosting.
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Our Policies
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