This Service Agreement ("Agreement") is by and between Mobile Unlock Solutions ("Mobile Unlock Solutions") a/an individual and you and your heirs, assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Mobile Unlock Solutions's Reseller Web Site Hosting and represents the entire agreement between You and Mobile Unlock Solutions in connection with the subject matter of this Agreement. By using Mobile Unlock Solutions's the Services, You acknowledge and agree that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms & Conditions, which Mobile Unlock Solutions may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses the account You've established with Mobile Unlock Solutions, whether or not the transactions were in Your behalf. You acknowledge and agree that Mobile Unlock Solutions's acceptance of any application made by you for services provided by Mobile Unlock Solutions will take place at Mobile Unlock Solutions's office located in Trichy, Tamil Nadu, India. You further acknowledge and agree that as adequate consideration for Mobile Unlock Solutions providing you with the Services at no cost to You, Mobile Unlock Solutions shall have the right to place certain advertisements on your web site.
1. Description of Hosting
Mobile Unlock Solutions currently does not provide Hosting services to its customers for any fee. Provided you abide by and comply with the terms and conditions of this Agreement, You shall have no obligation to pay for Hosting services. Mobile Unlock Solutions shall host your web site on Mobile Unlock Solutions 's Hosting servers, provided you abide by the terms and conditions set forth herein and in each of Mobile Unlock Solutions 's policies and procedures.
Availability of Services
Subject to the terms and conditions of this Agreement, Mobile Unlock Solutions shall attempt to provide Hosting services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. you acknowledge and agree that from time to time the Hosting services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Mobile Unlock Solutions may undertake from time to time; or (iii) causes beyond the control of Mobile Unlock Solutions or that are not reasonably foreseeable by Mobile Unlock Solutions , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You acknowledge and agree that Mobile Unlock Solutions has no control of availability of Hosting services on a continuous or uninterrupted basis.
Information Shared with Partners
As a condition of using our Hosting services, You acknowledge and agree that Mobile Unlock Solutions may provide your personal information to their partners, as required to provide the plans for which you are purchasing.
2. Your Hosting Obligations
You represent and warrant to Mobile Unlock Solutions that: Content you add does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If your web site includes GIF images, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by Mobile Unlock Solutions will not be used in connection with any illegal activity.
Server hacking or other perpetration of security breaches is prohibited and Mobile Unlock Solutions reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Mobile Unlock Solutions prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Mobile Unlock Solutions . You agree that Mobile Unlock Solutions reserves the right to remove your web site temporarily or permanently from its hosting servers if Mobile Unlock Solutions is the recipient of activities that threaten the stability of its network. Further, you acknowledge and agree that Mobile Unlock Solutions has the right to terminate Your Hosting services in its sole discretion and for any reason, including, but not limited to, your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.
You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of Indian Government and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Mobile Unlock Solutions to be in conflict with the spirit or intent of this Agreement or any Mobile Unlock Solutions policy; or (ix) use Your server as an "open relay" or similar purposes.
Storage and Security
At all times, you shall bear full risk of loss and damage to your web site and all of your web site content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; (iii) Ensure the security, confidentiality and integrity of all your content transmitted through or stored on Mobile Unlock Solutions servers; and (iv) Ensure the confidentiality of your password. Mobile Unlock Solutions 's servers and hosting services are not an archive and Mobile Unlock Solutions shall have no liability to you or any other person for loss, damage or destruction of any of your content.
In the event you terminate, moving your web site off of the Mobile Unlock Solutions hosting servers is your responsibility. Mobile Unlock Solutions will not transfer or FTP Your web site to another provider. In the event Your Hosting service is terminated, Mobile Unlock Solutions will not transfer or manage Your Hosting or Your website content.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
4. Venue; Waiver of trial by jury
This agreement shall be deemed entered into the state of Tamil Nadu. The laws and judicial decisions of Trichy, Tamil Nadu, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Trichy, Tamil Nadu, India.
You agree that all notices (except for notices concerning breach of this Agreement) from Mobile Unlock Solutions to you may be posted on our web site. Notices concerning breach will be sent to you at either the postal address or email address you have on file with Mobile Unlock Solutions In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Mobile Unlock Solutions shall be made by email, sent through the contact us form we provide on our web site, or by first class mail to the address below:
No 12, Old No 7/2 Mahilampoo Salai
Trichy - 620018