Terms and Conditions

Nepal Domain Hosting Pvt. Ltd. will hereafter be called as "Nepal Domain Hosting". At Nepal Domain Hosting, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make Nepal Domain Hosting's Service available to all our customers as consistently and efficiently as possible.

User-Supplied Content

All services may be used for lawful purposes only. Through Nepal Domain Hosting's Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal/Nepal, State, or Local law. You are solely responsible for the content you make accessible through the Nepal Domain Hosting Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

Nepal Domain Hosting is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Nepal Domain Hosting has the right, but not the obligation, to edit, remove or deny access to such content.

Nepal Domain Hosting may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Sites that promote any illegal activity or content that may be damaging Nepal Domain Hosting's servers or any other server on the Internet are strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

" Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).

" Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

" Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

Network Security

Customers may not use the Nepal Domain Hosting Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Nepal Domain Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI Scripts

Each Nepal Domain Hosting account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Nepal Domain Hosting is not allowed.

Chat Rooms

Nepal Domain Hosting prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Nepal Domain Hosting does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.

Server Resources

Any account that uses a high amount or unfair amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable or fair level. Fair/unfair will be based on the plan price compared to the percentage of the server the account is consuming.

Background Running Programs

Background daemons in general are prohibited. Nepal Domain Hosting will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC

Nepal Domain Hosting currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Nepal Domain Hosting Network.

Commercial Advertising/Mass Mailings/UCE/SPAM

You must not use the Nepal Domain Hosting Network, Nepal Domain Hosting equipment or any Nepal Domain Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Nepal Domain Hosting Network, Nepal Domain Hosting equipment or any Nepal Domain Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, Nepal Domain Hosting reserves the right to disable your domain/terminate your account. In addition, Nepal Domain Hosting may impose a $100 penalty for each spam policy violation. Nepal Domain Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Nepal Domain Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws can result in criminal penalties.

Technical Support Boundaries

Nepal Domain Hosting does provide 24/7/365 Technical Support to all its Resellers and direct clients. However, we do not provide support to your clients or your resellers. Nepal Domain Hosting does not provide Technical Support or help with programming, HTML code, custom programming and 3rd Party Software, whether installed or pre-installed on your computer or our server.

Intellectual Property Rights

Material accessible to you through Nepal Domain Hosting's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Nepal Domain Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Nepal Domain HostingNetwork. If you use a domain name in connection with the Nepal Domain Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Nepal Domain Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Nepal Domain Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.

Indemnification

Customer agrees that it will protect, indemnify, save and hold Nepal Domain Hosting harmless from any and all stipulations, liabilities, losses, expenses and claims, including but not limited to reasonable attorney's fees assessed against Nepal Domain Hosting, its agents, customers, officers, employees, officers, shareholders, directors and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees, officers, shareholders, directors, or assigns. Customer agrees to defend, indemnify and hold Nepal Domain Hosting harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Nepal Domain Hosting's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark patent, or other intelluctual property violation and any defective products sold to a customer fromNepal Domain Hosting's Services.

Waiver

Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of Nepal Domain Hosting to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Nepal Domain Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Nepal Domain Hosting to provide this knowledge or support outside matter specific to Nepal Domain Hosting servers.

Severance

If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.

Governing Law, Jurisdiction, and Venue

The validity, interpretation, construction and performance of this agreement shall be governed by the laws of Nepal. The District court of Kathmandu or higher courts of Nepal shall have jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.

Limitation of Liability

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH Nepal Domain Hosting IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY Nepal Domain Hosting OF THE RISK OF CUSTOMER'S CONSEQUENTIAL, PUNITIVIE, SPECIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT Nepal Domain Hosting SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of Nepal Domain Hosting to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Nepal Domain Hosting by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Nepal Domain Hosting arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were Nepal Domain Hosting to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Disputes:

Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at Nepal Domain Hosting's sole discretion is a valid charge under the provisions of the TOS, you agree to pay Nepal Domain Hosting an "Administrative Fee" of $200 per dispute.

Customer Abuse

We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our 'Feedback' department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our 'Feedback' department first.

Shared Hosting Backups

Nepal Domain Hosting performs daily and/or weekly backups on all of our shared servers to ensure that critical files are never lost. However, Nepal Domain Hosting is not responsible for lost data, time, income or any other resource due to faulty or non-existent backups. Please always backup your data for redundancy. There is a one-time fee of Rs. 2500 for us to restore a backup for your account due an error beyond our control. If your account or data is lost due to hardware issues we will restore your files at no additional charge. The data on our shared servers are backed up on a separate hard drive on a daily and/or weekly basis. We can not ensure 100% recovery, but we will do our best to recover everything we can. The modest charge for backup restoration provides a measure of security for you and compensates us for the time it takes to restore your files. However we don't gurantee the service and we recommended you to make backups on your own from cPanel itself and store backup file in your remote disk.

VPS/Dedicated Hosting Backups

Backups are not included as part of any service. It is the customer's sole responsibility to make backups and save them elsewhere off server. Availability of server backups is not guaranteed and we are not responsible for loss of customer data. Customers are advised to make backups of the information they store on our servers on a regular basis. Our Control Panel provides tools that allow customers' to make data backups, download data, download backups, etc.

Force Majeure

If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party's performance shall be extended for a period of time equal to the duration of such delay. Notwithstanding anything to the contrary contained in these terms of service and policies, Nepal Domain Hosting shall not be liable in any manner to the extent its performance is delayed by any event or cause beyond the control of Nepal Domain Hosting including without limitation, fire, explosion, storm, flood, electrical blackout, heat or col, war, rebellion, terrorist act, insurrection, riot, strike, breakdown or accident to machinry, or compliance with the order of any governmental authority.

Disclaimer

Nepal Domain Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Nepal Domain Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Nepal Domain Hosting DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Nepal Domain Hosting AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. Nepal Domain Hosting RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE. Failure to follow any terms and conditions may result in account deactivation or termination without notice. Nepal Domain Hosting furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Nepal Domain Hosting wishes to emphasize that in accepting services, customers indemnify Nepal Domain Hosting for the violation of any law or Nepal Domain Hosting policy, that results in loss to Nepal Domain Hosting or the bringing of any claim against Nepal Domain Hosting. This means that if Nepal Domain Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Nepal Domain Hosting, plus costs and reasonable attorneys' fees.

Confidentiality Statement

We at Nepal Domain Hosting insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Nepal Domain Hosting, its representatives, independant contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber and which comlpy with all safeguards under federal and applicable state law. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Nepal Domain Hosting staff members only.

Modification

Nepal Domain Hosting reserves the right to add, delete, or modify any provision of this terms and conditions at any time without notice and you agree to be in compliance with these terms and conditions all the time, even after its modifications.

Other Terms & Conditions

Privacy policy, Resource Abuse Policy and Acceptable Usage Policy are also part of this terms and conditions.