Terms & Conditions
Effective date: 1 April 2017
Terms of Service Agreement
This Agreement is made, entered into and executed at Noida, Uttar Pradesh, India on 1 April 2017 (hereinafter referred to as the “Effective Date”)
Micro Hosting Private Limited (hereinafter referred to as “Utho“) AND you (hereinafter referred to as “Customer”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.
WHEREAS the Utho provides various Hosting and other related products and services
AND WHEREAS the Customer wishes to purchase Utho‘s Products and Services
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, Utho and the Customer, intending to be legally bound, hereby agree as follows:
(b) “Content” means all information, data, text, sound, pictures, graphics, video, messages, advertisements, or other materials hosted on Utho servers;
(c) “Current Date” means the date on which any services are hired or availed at Utho.com by the Customer including the date which in some cases may have been recorded in our database as the date of registration for services;
(d) “Control Panel” or “My Account” refers to the set of Web-based interfaces provided by Utho and its Service Providers to the Customer which allows him to manage existing or order new services including domain names, raise Tickets, view Invoices and so on;
(e) “Due Date” shall mean expiry of a period of Ten (10) days from the date of an invoice raised by Utho;
(f) “Information” includes data, message, text, images, sound, voice, codes, computer programs, software and databases or microfilm or computer generated micro fiche;
(g) “Initial Term” shall mean a period of 12 months from the commencement/subscription of service(s);
(h) “Utho”, “we”, “us” and “our” refer to the website www.Utho.com;;
(i) “Packages” means customized service packages made available either under Cloud or Dedicated server;
(j) “Products/Services” refer to the Web-based products/services made available by Utho, including but not limited to, Domain Names, Hosting Services, Servers, etc;
(k) “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;
(l) “Registration data” refers to the information provided in the Customer registration form and any other information provided later;
(m) “Renewal Term” shall mean rolling periods of the same length as the Initial Term which shall automatically commence after the expiry of the Initial Term (or as the case may be a Renewal Term) unless notice is given by either Party in the manner described in this Agreement to stop the Services, at least thirty (30) days prior to expiry of Initial Term (or as the case may be a Renewal Term);
(n) “Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder;
(o) “Service Commencement Date” shall mean the date of acceptance by Utho of the first purchase order issued by Customer under this Agreement;
(p) “Service Credits” shall mean the credits which the Customer would be entitled to receive, on account of failure of the Utho to provide Services as per the standards mentioned in the SLA;
(q) “Site” and “website” refers to the www.Utho.com;
(r) “Term” or “Period” means the Initial Term for which services are registered and any Renewal Term that may be referred collectively in this Agreement;
(s) “Terms” and “User Agreement” refers to the said Terms of Service Agreement contained herein below;
(t) “TLD” means Top Level Domain Names, which can further be gTLDS including .com, .net, .org or ccTLDs to refer to country level domain names like .US, .IN, .DE and so on;
(u) “User”, “You” and “Customer” refer to the individual or entity who avail of any Website product or services from Utho.com;
Other terms would have meaning as defined under Information Technology Act, 2000 and rules made thereunder.
Acknowledgement – You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply Utho.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. By placing, hiring and continuing to maintain or place information at Utho.com’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. For any queries regarding terms of service, kindly mail us at [email protected].
a) Utho services owned and operated by Utho.com, Noida is provided to you under the terms and conditions of this Agreement and any other operating rules or policies that may be published by us on the website from time to time.
b) All the terms set here are presented in English language and it is the sole responsibility of Customer to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
c) You warrant that you as a Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
d) The term of this Agreement for renewable services shall be 1 (ONE) YEAR from the Effective Date and will automatically renew for successive Renewal Term. The Term shall continue until the earlier to occur of the following:
- (1) the Agreement is terminated as provided under Termination clause
- (2) The Customer elects not to renew at the end of the Initial Term or any Renewal Term.
e) We strongly recommend that, as you read this Agreement, you also access and read the information contained in other pages/websites referred to in this document, as they may contain further terms and conditions that apply to you as a user/customer at this site.
3.1 We reserve the right to modify this Agreement at anytime by posting a new agreement on our site.
3.2 In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
3.3 Further, we reserve the right to change or discontinue sale of specific products or services or its prices, from time to time, which will be posted on the website.
4. Initial Term for Services
4.1 The Initial Term for the Services shall commence on the Service Commencement Date. Customer acknowledges and accepts that the provision of Services by Utho shall be subject to a minimum service period of 1 year from the Service Commencement Date (“Minimum Service Period”). The Customer shall not be entitled to terminate this Agreement during the Minimum Service Period for any reasons whatsoever except for the sole reason as specified in this agreement herein-after.
4.2 On expiration of the Initial Term, the Renewal Term shall automatically commence upon the same terms and conditions mentioned in this Agreement, as may be existing as on date.
4.3 In the event a Party does not wish to extend/renew this Agreement after the expiry of the Initial Term or as the case may be a Renewal Term, that Party shall request for canceling of account in writing with at least 30 days notice but not more than 60 days prior written notice and by the Subscribers / Customers through the member control panel. Only the authorized account holder or an authorized contact may cancel the account. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
5.1 If Customer makes requests for any change in the Services, and such change results in increased cost of any nature to Utho, or will require additional time for performance of Utho’s obligations, or if Utho is otherwise adversely affected by such change, the schedule, warranty, price and other terms and conditions of the purchase order and Agreement may be equitably adjusted by agreement of the Parties. In no event shall Utho be obligated to proceed with any change unless the foregoing adjustments have been agreed upon in writing by the Parties.
5.2 Notwithstanding the above, at any time and with prior consent of Customer in case of material changes, Utho reserves the right to make changes in design, construction, arrangement and provision of Services; provided such changes do not result in any increase in the price or time for performance or alter any performance guarantees or warranty obligations set forth herein. Customer shall not unreasonably withhold its consent in case of material changes.
5.3 Registered Email ID Modifications
i) Request sent from registered email id – The client needs to send address and ID proof scan copy for cross verification of account ownership. The change in email ID can be immediately done if the address proof provided by the client matches with Utho.com’s records for that particular client.
ii) No access of registered email id – The client needs to send us an email mentioning the reason for the change in email ID. We further analyze the situation by sending the mail to the registered email ID for the requested change. We make the changes in email ID after getting positive response from registered email ID. We automatically make the changes if we don’t get any response from registered email ID within next 48-72 hrs (mail sent time).
iii) Though in terms of new ICANN regulations, any change in email ID for any gTLD domain name results in locking of the domain name for 60 days and which will not allow the transfer of the domain name to any other registrar. This locking safeguards the domain name from any cyber crime like domain theft.
6. Domain Name / Servers, etc.
The following more applies to specific services, offered by Utho:
6.1 Domain Registration/ Renewals/ Transfer
A) Domain Registration – We are .IN Accredited Registrar with .IN Registry / Nixi and therefore you are additionally bound by the terms of .IN Registrars as provided upon https://registry.in/system/files/Terms_and_Conditions_for_Registrants_1.pdf and also any Domain Dispute procedures i.e. INDRP under which action can be taken by a Trademark holder against the Domain Registrant. Further, we discourage sale of .IN Domain Names over and above the normal price, by our resellers. Similarly for gTLDs you are responsible to comply and bound by various policies provided at www.icann.org.
Further, in domain registration process, Utho.com may in certain exceptional circumstances may take 24-72 hours in completion of Domain Registration. Factors like holidays, internal processing factor and or more may affect the processing. You agree that Utho shall not be held responsible if your domain get registered by other third party, in the meantime.
B) Domain Renewals – Domain Names are to be renewed every year and it is customer’s legal responsibility to keep track of the expiry dates. For the convenience, Utho.com may notify you about the expiry reminders through emails, but you should maintain the record at your end also and made payments in advance for timely renewals. (.IN, .Co.in, .Net.in, .Org.in Domains will be delete from system if you not renew domain within 5 days of expiry date and you can recover your domain back within 5 days after domain name delete with a restoration fee of Rs.5000)
C) Data Transfer – Due to time taken in the transfer process varying from Registrar to Registrar, no guarantee will be taken that how much amount of time it will take to transfer a domain. If the transfer of the domain is done by Utho.com on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
6.2 Cloud/ Dedicated Server Usage Policy and Regulations
Utho.com forbids the use of unauthorized software or use of scripts or software runs on its servers that cause the server to load beyond a reasonable level, as determined by Utho.com.
6.3 SLA (SERVICE LEVEL AGREEMENT)
Utho.com strives to have network connectivity available for http access by third parties 99.9% of the time [“Website Availability”] Credits In the unlikely event that there is no website Availability, Utho.com will credit the monthly service fee for the Service as calculated below and as measured 24-hours a day in a calendar month, but this credit is not available for our dedicated hosting clients and the customers who have been in payment arrears, two or more times in the previous three transactions period, do not qualify for such credits, with highest credit not exceeding monthly service fee for the affected month:
- Website Availability Credit 95% to 99.4% = 10%
- Website Availability Credit 90% to 94.9% = 35%
- Website Availability Credit 89.9% or below = 100%
In order for you to receive a credit on your account, you are required to request such credit within seven (7) business days after you experienced no Website Availability. You must request credit by raising a ticket with the billing department through member’s control panel. As a security measure, the body of this email message must contains your account number/domain name, the dates & times of unavailability of your website, and such other customer identification requested by Utho.com. Credits will usually be executed within sixty (60) days of your credit request. Credit to your account shall be your exclusive and sole remedy in the event that there is no Website Availability. Credits shall not be granted to you by Utho.com in the event that you have no Website Availability as a consequence of (a) Scheduled maintenance, (b) Your behavior or the performance or failure of your equipment/facilities/applications or (c) Circumstances beyond Utho.com’s reasonable control, including, without limitation, acts of war, any governmental body, sabotage, insurrection, embargo, fire, flood, strike, act of god or other labor disturbance, delay or interruption in transportation, interruption, delay or unavailability of telecommunications or third party services (including DNS propagation), failure of third party hardware/software or inability to obtain raw materials, supplies or power used in or equipment needed for provision of your website. Utho.com forbids the use of scripts or software run on its servers that cause the server to load beyond a reasonable level, as determined by Utho.com. You shall at all times use the services as a conventional and/or traditional web site Particularly by way of example and not as a limitation, you shall not employ our services as a storage or instrument for storing or placing archived files and/or material that can be downloaded through other web sites.
6.4 Affiliate Program
Our Affiliate program is free to join, it’s easy to sign-up and requires no technical knowledge. Affiliate programs are common throughout the Internet and offer website owners an additional way to profit from their websites. Affiliates generate traffic and sales for commercial websites and in return receive a commission payment. Formore information s to how it works.
6.5 Denial of Service
We reserve the right to refuse service to anyone at any time for any reason.
7. Pricing, Refunds and Renewals
The various products and services rendered through Utho, are subject to prices as indicated against them on respective product/service pages. Furthermore, the following applies to you, as a customer:
a) Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out along with respective products and services. Please note, the payments are to be paid in advance for renewable services such as Domain Names, Website Hosting, etc.
b) Utho not offer any refunds on following services:
- Cloud Servers
- Dedicated Servers
- SSL certificates
- Any other Solutions
- Any third party solution that you buy with Utho.com’s reference.
c) Customer acknowledges that it is the Customer’s responsibility to keep records and maintain reminders regarding the expiry of any Order. Though as per policy, we do issue reminders to the Customer of any expiring Orders in advance, via an email message sent to the contact information associated with the Customer in our database. You agree that until and unless you notify Utho of your desire to cancel any or all services received, those services will be billed on a recurring basis. Utho reserves the right to change the monthly payment amount and any other charges at anytime.
d) Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to Utho. Utho and Service Providers may make any modifications to said Order or any information associated with said Order and may choose to monetize such requests in any fashion at their sole discretion. And also may choose to delete or transfer said Order at anytime after expiry upon their sole discretion. Customer acknowledges that Utho and/or Service Providers shall not liable to Customer or any third party for any action performed under this clause.
e) Utho at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
f) All invoices must be paid within ten (10) days of the invoice creation date. Any invoice that is overdue for more than seven (07) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Utho may suspend or terminate your account and pursue the interest thereon, collection costs (minimum of Rs 1500) incurred by Utho, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Utho will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
g) Servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Utho directly after you make a late payment to reactivate the dedicated server.
Service Rates – Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer/ Subscriber. Customer/Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
8. Temporary Suspension of Services
8.1 Temporary Suspension of Services Without Prior Notice:
Customer agrees and accepts that Utho shall be entitled to suspend Services without prior notice in circumstances such as:
(a) The Utho data centre being affected by viruses/malware;
(b) “Network flooding” or “DDOS” attacks at Utho premises;
(c) Faulty hardware at Utho’s data centre;
(d) The Services being used by the Customer in violation of the terms and conditions mentioned in the AUP or this Agreement;
(e) To protect the servers maintained by Utho in the event of a threat of breakdown or where there is a valid reason to believe that not suspending the Services would cause loss to the other customers of Utho;
(f) In cases where suspension is required by law
(g) In such other circumstances as Utho may reasonably determine.
Utho shall inform Customer as soon as possible of such suspension.
8.2 Subject to Clause 8.1 above, Customer agrees that the Services may be suspended by giving at least Ten (10) days prior notice, with an opportunity of being heard, for Customer to remedy a situation under circumstances such as the following:
(a) Utho has reason to believe that Services are being used by the Customer in violation of the terms and conditions mentioned in the Agreement including the AUP;
(b) Utho believes that the Services provided by Utho to Customer are being used by non-authorized persons without the consent of Utho;
(c) In situations where there is no cooperation from Customer during investigation of suspected violation of the Agreement; and
(d) In such other circumstances as Utho may reasonably determine.
8.3 Without prejudice to Utho’s rights of termination clause, if the Customer fails to fulfill its payment obligations, Utho may at its discretion (i) suspend performance of Services, or (ii) continue performance of Services if Utho deems such continuance to be appropriate. Utho.com is not responsible for any kind of data loss due to this issue.
Notwithstanding the foregoing, in the event of default in payment obligations by the Customer, the Customer shall not be entitled to claim Service Level Credits as set out in the SLA during such period of default. In the event of suspension of the Service for the reasons as specified in this clause, the Services shall be reactivated upon payment of Rs. 5,000 by the Customer to Utho.
8.4 In the event, suspension of Services is required
(a) other than as provided in clauses above
(b) as a result of Utho being unable to provide Services due to reasons not attributable to Customer, Customer shall be entitled to Service Level Credits as set out in the SLA. However, in the event of suspension of Services for the reasons as provided herein-above, Customer shall not be entitled to Service Level Credits as set out in the SLA.
8.5 Customer agrees and acknowledges that in the event of suspension of Services for the reasons as specified in Clauses above, Customer shall be responsible for all fees and charges for the Services incurred through the date of suspension. Customer understands that Utho’s aforesaid right to suspend is in addition to its right to terminate under this Agreement.
8.6 In the event suspension of Services is for the reasons specified in Clause 8.3, Utho will not guarantee and will not be responsible/liable for availability of the data and files of the Customer after such suspension. Utho shall not be held liable for any loss of data, content or files of the Customer upon such suspension.
9. Retention & Backup Policy
The system logs of the servers hosting the client data and applications would be retained as a backup in our server for at least 3 (three) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
We not taking any backups. Further, you as a Utho user agree that in no case, Utho can be held responsible for loss of data in any circumstances. As your use of the service is purely at your individual risk. Utho.com is not liable for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Utho.com servers, unless, otherwise specified depending on the account type.
10.1 To be able to buy any products or avail any of the services offered by us, you need to be competent to contract as per the Indian Contract Act, 1872, which excludes minors, i.e. persons below the age of 18 years, persons of unsound mind and undischarged insolvents.
10.2Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
10.3 You also confirm that your are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
As a registered Customer you are responsible for maintaining the confidentiality of your Registered Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.
You may also note, that any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and exempt it from legal action. If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed (need written proof i.e. email by Utho.com’s employee) and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained. The client need to provide us written proof of communication Further, you agree:
a) To provide true, accurate, current and complete information about yourself in the registration form (such information being the “Registration Data”) and regularly maintain and promptly update the Registration and also Domain WHOIS Data to keep it true, accurate, current and complete.
b) To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
c) That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.
d) That your account and the activity under it are subject to review from time to time by us. On the basis of the internal report, your account or access to any services or products may be blocked or may become subject of deletion if found to be objectionable, obscene or offensive, without any prior notice to you.
f) That you agree to maintain a backup copy of all content hosted by Utho notwithstanding any agreement by Utho to provide any backup services. Also you need to keep upto date the scripts/code used upon the website for all times and for any exploits in the script, you will be solely responsible to compensate Utho.
g) That you agree that you will not solicit passwords or personal identifying information for any purposes from other accounts or try to hack into the server in any manner.
h) That you agree to grant the rights to us to reveal your identity (or any other related information collected on this service) without your consent, if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. Further, in exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, we may, in our sole discretion, terminate your services without notice.
12. Code of Conduct
You further agree not to host, display, upload, modify, publish, transmit, update or share any information that —
i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
13. Abuse Policy
The Services provided to the User by Utho may only be used for lawful purposes. That is, when you sign up for Utho, you agree not to use the services to send spam, distribute viruses, or otherwise abuse the service, which is provided herein-above and also:
- Operating a public mirror site is not permitted.
- Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
- Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
- BitTorrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are not allowed.
- The operation of gaming servers (such as but not limited to Minecraft, Counter-Strike, Half-Life, battlefield1492) are forbidden.
- The operation of live streaming are forbidden.
- Web spiders and indexers are not permitted.
- Any attempts to undermine or cause harm to a Utho.com Internet Solutions server or customer of Utho.com is strictly prohibited.
- The client is solely responsible for the content or data hosted at his/her website/server. He/she will be directly responsible for any legal action that may arise due to content hosted at his/her website/server.
- Spamming is strictly prohibited.
Users may not send unsolicited or abusing e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (‘spam’) in a way that could be reasonably expected to adversely impact the Utho.com’s Network, including, without limitation, using an e-mail account on Utho.com’s network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Utho.com’s Network.
Otherwise transmission, storage, distribution or presentation of any Content in violation of any and all applicable laws is prohibited too. In case any violation of either terms or Law of the land is discovered, we may suspend the service(s) and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case. We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a any service(s) and/or pursue other legal remedies.
You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through Utho server / service. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.
Utho may also randomly monitor the user hosting accounts. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.
14. Monitoring and Support
To ensure users receive the highest possible level of service, Utho may randomly monitor the client servers, applications and running services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
In case of any Grievance with respect of any Utho services, Customer has the option to report the content, to the Grievance Officer, whose details have been published hereunder.
You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the Utho Services by requesting assistance via email to [email protected]. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
Please do not provide your perceptive information to our agents/executives etc like login details, passwords, banking info etc on Skype Chat or socially oriented chat. You may also not make any commitments on Live chat. All such commitments, disclosures and interactions with our team would solely be at your own venture and Utho.com do not deem valid or vouch for the authenticity of all such interactions. Utho.com recommends that for all complex and advanced issues customer duly raise a ticket by logging into their member control panel and ask your issue till you don’t get full satisfaction.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Utho Services and users shall be responsible for all charges related thereto.
Support Abuse Policy – We always treat our customers with the utmost respect and expect the same from you too. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.
(A) Either Party may terminate this Agreement and/or any Customer Product Agreement Extension at any time by:
1) By giving a 30 (Thirty) days notice of termination delivered or you may simply get your services/product subscription terminated at any point with or without cause by writing to us at [email protected].
2) With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party’s property or assets or the liquidation, dissolution or winding up of a Party’s Business.
B) Utho may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances:
1) In case of non-compliance with the Agreement and it’s Annexures, rules and regulations or the Law of the Land, Utho reserves the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information.
2) In our sole discretion, may terminate the account/password or use of any or all of the services, for any reason, including, without limitation, for improper use of any service or if we believe that you are not eligible to avail the services. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
3) If you had provided any information that is untrue, inaccurate, not current or incomplete at the time of registration, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the Website.
4) You further agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and email messages and other information relating to you and/or bar any further access to any Service or all of the services, to protect our interest as an Intermediary. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
5) Utho terminate servers automatic in 15 days of suspension date if not receive any update from user.D. Legal Statements
16. Governing Law
Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, which is hereby incorporated by reference in this Agreement. Further:
a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at New Delhi, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
e) The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.
17. Intellectual Property
a) Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
b) Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Utho to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.
c) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Customer acknowledges that Utho cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
d) Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
e) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
f) In case of any notice received under DMCA or otherwise for Intellectual Property violation. Utho reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.
18. Grievance Officer
Utho shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, Utho has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Mr Manoj Dhanda
Email: [email protected]
Tel: +91-120-4840048 (Mon-Fri – 10AM-5PM)
The appointed officer shall acknowledge the complainant within 36 hours and resolve the matter within 30 days in terms of the Information Technology Law and Shreya Singhal V Union of India (2015).
19. Linking to the Web Site
You may provide links only to the homepage of this Web Site, provided
a) You do not remove or obscure, by framing or otherwise, any portion of the homepage
b) You give Provider notice of such link by sending an e-mail to us and you discontinue providing links to this Web Site if requested by Provider.
20. Electronic Communications / Notices
a) Any notice or other communication required or permitted to be delivered to Utho under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to [email protected].
Third Party Legal Actions
It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Utho that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
A-43, Sector 63
21. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service.
22. Utho.com’s RIGHTS
Utho.com explicitly reserves the right and sole discretion to:
- modify its pricing, if desired by Utho.com from time to time;
- establish guidelines and limits concerning the use of the services;
- terminate your use of services for use of our services to unnecessarily/illegally harass Utho.com or third parties, non-payment of fees for our services, activities designed to embarrass, defame, harm, threaten, abuse, slander/ stalk third parties, activities prohibited by the laws of India and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as terrorism, child pornography, hate crimes, activities that are tortious, obscene, vulgar, invasive of the privacy of a third party, ethnically, racially, or otherwise objectionable in the sole opinion of Utho.com or declared by the law of land, activities designed to harm minors in any way, activities designed to impersonate the identity of a third party, and other activities whether lawful/unlawful that Utho.com determines, in its sole discretion, to be harmful to its other customers, reputation or operations;
- terminate your use of services if Your use of services results in, or is the subject of, legal action or threatened or proposed legal action, against Utho.com or any of its affiliates/partners, without considering for whether such legal action or threats or proposed legal action is eventually determined to be with/without merit; and terminate Your use of services at any time and for any reason if deemed reasonably necessary by Utho.com.
23. Entire Agreement
This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
24. Client Account KYC
Account Verification: From 1 Feb 2017, every client need to verify their account via mobile otp, email and there address and id proof to continue using our services.E. DISCLAIMER
25. Risk Factors
a) Utho assumes no responsibility or liability from any loss incurred by any information presented upon the website, services or advice thereof rendered through it. Customers using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at user’s sole risk.
b) Utho shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographical errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof.
Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data.
c) Utho is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with advertisers, sponsors, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, advertisers, sponsors, other websites or resources that may be hyperlinked in the web site or any part thereof.
d) Utho has no control over other website or resources which are provided by companies or persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof.
e) Utho cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse.
f) Utho is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Utho servers.
g) Utho takes multiple precaution to prevent abuses from the weak code/scripts uploaded by the Customer but if the same is still exploited, Utho is not responsible for such abuses and we have the right to disable/terminate such accounts/websites, if the malware is not removed from the clients end.
26. Disclaimer of warranties
The service is provided on an “as is” and “as available” basis. Utho expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further,
- we make no warranty on any results obtained by the use of the service.
- we make no warranty on accuracy or reliability of any information obtained by the use of service.
- we make no warranty that the service will meet your requirements.
- we make no warranty on any technical defects in the website will be corrected.
- we make no warranty that the service will be persistent, timely, secure, error free.
- we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
- we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.
All liability, whether civil or criminal arising out of any Content that is hosted or transmitted through the servers (including but not limited to messages / communication of electronic or any other means) will be of that Customer / third party who has Hosted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Customer / Third party that it may suffer as a result of such Content Posted on the Site or transmission of information through communication of any kind.
If you are in Do Not Disturb (DND) subscriber list with any telecom operator / authority / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. We are not liable to any third party if it receives any kind of message / information (under any circumstances) by any customer using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / customer is solely responsible and liable for the delivery of message / information which is generated by him.
By using the website and/or registering yourself with us you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if aslo you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Utho for the above mentioned purposes till 365 days of your registration with us.
27. Limitation of Liability
You expressly understand and agree that Utho, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:
a) the use or the inability to use the service;
b) any data, information, or services availed or messages received or transactions entered into through or from the service;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the service;
e) any other matter relating to the service.
f) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.