The contract between the
applicant and Shah Net contains the following terms
and conditions.
| 1. |
Process the application and consider
whether to accept or reject it in accordance with
the criteria for the Domain and Sub-Domains in
force at the time of the application for the registration.
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| 2. |
The initial registration period is
one year from the date of the application for
registration. Thereafter, the registration may
be renewed indefinitely for further period of
one or more years, on payment of the renewal fees
applicable at the time of re-registration and
subject to clause 8 below.
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| 3. |
Once the Domain Name and the Applicants
details have been entered in the Register of Shah
Net as a full registration, refund will be given
only in exceptional cases at Company's discretion.
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| 4. |
All
payments are to be made in favour of 'Shah
Net
Technologies Pvt Ltd'
and payable at Ahmedabad. No outstation
cheques will be accepted. Shah Net holds no responsibility
to register your domain against outstation cheques.
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| 5. |
Shah Net is entitled to register Domain
Names on a first come, first served basis, whether
or not it has received payment for their registration
and, until Shah Net has confirmed it as a pending
registration, there is no guarantee that the Domain
Name applied for will be entered in the Register
as such. Applicants are advised not to take any
action in respect of the registration of a Domain
Name before it becomes a full registration.
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| 6. |
Shah Net may cancel the registration
or suspend the delegation of a Domain Name in
exceptional circumstances. Exceptional circumstances
include, in particular:
| a. |
If maintaining the registration
would compromise Shah Net by placing it
in conflict with statutory obligations or
the terms of a Court Order.
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| b. |
Where the registration or use
of the Domain Name conflicts with the criteria
for the Domain and Sub-Domains in force
at the time of the application for registration.
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| 7. |
Shah Net does not accept any responsibility
for the use of any Domain Name on the Register
of Domain Names and in particular for any conflict
with trade marks, registered or unregistered,
or with rights to names in other contexts.
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| 8. |
Shah Net will use its reasonable endeavors
to ensure that the appropriate details of the
Applicant's registration are correctly entered
and maintained in the Register of Domain Names.
All conditions and warranties which may be implied
(by law or as a result of prior negotiations)
into the contract between Shah Net and the Applicant
are excluded to the extent permitted by law. In
no circumstances will Shah Net be liable for any
loss of profit, business or anticipated savings
suffered by the Applicant.
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| 9. |
Shah Net liability to the Applicant
under the contract or otherwise (including liability
for negligence) is limited to 125% of the registration
fees paid in respect of a particular period of
registration.
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| 10. |
The Applicant warrants to Shah Net
that the details submitted by the Applicant to
Shah Net are true and correct, and that future
additions or alterations to those details will
be true and correct.
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| 11. |
The applicant warrants to Shah Net
that neither the registration of the Domain Name
nor the manner in which the Domain Name is directly
or indirectly used infringes the legal rights
of a third party. Shah Net remedies under this
warranty will continue to be available after completion
of the registration process and notwithstanding
any subsequent surrender, cancellation or transfer
of the registration of the Domain Name.
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| 12. |
The Applicant indemnifies Shah Net
and each of the owners & directors against
any claim that the registration of the Domain
Name or the manner in which the Domain Name is
directly or indirectly used infringes the legal
rights of any third party (except for claims arising
from Shah Net negligence or breach of the terms
of the contract); and indemnifies them against
the reasonable costs and expenses, however they
may arise, incurred in defending or dealing with
such a claim.
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| 13. |
The Register of Domain Names will
include the names of the Applicant and the Administrative
Contact and other details relating to them. This
information (if it refers to individuals) is `personal
data' for the purposes of data protection legislation.
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| 14. |
Shah Net may change the terms and
conditions of the contract on renewal or transfer
of the registration of the Domain Name. All transfers
and renewals will be made under Shah Net Terms
& Conditions for the Registration of Domain
Names current at the time of the transfer or renewal
and, in the case of a transfer, as agreed by the
Transferor.
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| 15. |
Any notice to be given under the contract
shall only be deemed to be served if delivered
by hand or sent by prepaid post, by fax or e-mail,
to the party to whom it is given at its last known
postal or e-mail address or fax number. The notice
will be effective: if delivered, on delivery;
if sent by fax or e-mail, when the sender receives
confirmation of receipt; and if sent by post,
on the fourth day after posting.
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| 16. |
These terms and conditions, constitute
the entire agreement between Shah Net and the
Applicant for the registration of the Domain Name,
and supersede all prior agreements, understandings
and representations whether oral or written. Subject
to clause 8 above, no variation may be made to
the contract unless it is in writing and signed
by authorized representatives of the Applicant
and Shah Net.
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| 17. |
Shah Net reserves the right to cancel,
suspend or refuse any e-mail accounts, web space
allocation or search engine notification process
at any time if it is decided that the Applicant
is abusing these services by either allowing bulk
e-mailing through the account, using the web space
for the display of or use for immoral, illegal
or any other purpose which Shah Net considers
to be illegal, unsuitable or inappropriate. Also,
If the traffic on the Applicants web space on
our servers is considered to be too heavy or too
excessive, Shah Net reserves the right to cancel
the web space and refund the part of the fees
paid relating to the web space. In the event that
the web space is being used for illegal or immoral
purposes, and an e-mail and webspace account is
canceled, the Applicant will be charged by Shah
Net for all administrative costs and expenses
incurred and involved in any such cancellation,
and if a domain name has to be moved or re pointed
then Shah Net reserves the right to charge this
cost at our hourly rate in force at that time.
Furthermore, in this event a domain name will
not be released until such charges are settled
in full and final settlement. Shah Net reserves
the right to amend, change or alter our terms
and conditions without prior notice.
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| 18. |
The contract shall be governed by
the law of the country which the domain name comes
under, and the Applicant and Shah Net submit to
the exclusive jurisdiction of the Courts governed
by the law of the country which the domain name
comes under.
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