In consideration of services to be delivered by mailnspace, Customer agrees to be bound by the following terms and conditions:
- Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered and in advance of each annual term, for domain names to be registered.
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order mailnspace’s service for a certain minimum period of time.
- Customer agrees to a no-refund policy in advance. Domain registration charges, setup fees and monthly web hosting service fees are non-refundable.
- Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
- mailnspace is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for mailnspace’s services.
- Customers agree to pay all taxes applicable to your account.
Agreement for Services:
mailnspace will provide, and Customer will purchase and pay for, the domain name registration, web hosting, web designing and any other services provided by mailnspace (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
- Establishment and provision of service is contingent upon receipt of payment from Customer to mailnspace. Customer must pay in full for the Services before mailnspace begins to provide the Services to Customer. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
- Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by mailnspace will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to mailnspace a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
mailnspace may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees and/or any collection fees to which mailnspace may be entitled under this Agreement or under applicable law.
- Customers may cancel their account at any time, for any reason, by contacting Customer Support with their request. Customer Support shall send a confirmation of receiving cancellation request within 15 days of receiving the request.
- It is the duty of the customer to ensure that the cancellation request is received by mailnspace and mailnspace shall not be liable if the cancellation request is not received by it for any reason whatsoever. A confirmation from Customer Support shall be the only proof of receiving a cancellation request by it.
- Once a Customer has cancelled their account at least 15 days before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal or within 15 days of renewal date will be charged renewal fees.
- Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form.
- Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that mailnspace does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be non-refundable.
Refunds and Disputes:
EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION, ALL PAYMENTS TO mailnspace ARE NON-REFUNDABLE.
All payments to mailnspace are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in mailnspace’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, mailnspace offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account within thirty (30) days of the beginning of your service, mailnspace will refund your money; subject, however, to other conditions as contained herein. If you have obtained or applied to obtain a refund more times than permitted under these terms, your account will be cancelled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
- Setup fees
- Fees for domain name registrations
- Fees charged for exceeding your allotted disk storage space or bandwidth
- SSL certificate fees
- Web design fees
- Web site marketing / SEO fees
- Any add-on services, features, software; and
- Any other fees for services involving a third party
The 30-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one (1) 30-Day Guarantee in any calendar year, however there has to be a period of at least six (6) months between two requests.
- If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of mailnspace.
- You shall not transfer or assign the 30-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different customer names;
- Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register for your account;
- Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
If you violate any provision of any of the following policies of mailnspace, you will not be eligible for the 30-Day Guarantee:
- Terms of Service (TOS);
- Acceptable Use Policy (AUP);
- No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of web hosting services from mailnspace and does not apply to any changes to your service at any time.
- Customer agrees not to engage in any activity that violates any international, foreign, federal, state or local laws applicable to the service terms described in this Agreement.
mailnspace reserves the right to discontinue service to any Customer if it deems, in its sole discretion, that the customer violates or has violated any condition of service including, but not limited to, the following:
- the Acceptable Use Policy, or
- the No-Spam Policy
- In order to allow us to provide the best service to you, mailnspace accounts are backed up daily and weekly. However, these backups are intended for mailnspace’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, mailnspace always seeks to create complete and accurate backups of customer accounts.
- Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, mailnspace DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
- Customers are responsible for maintaining their own backups at all times.
- mailnspace does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that mailnspace’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of mailnspace or any of its employees or agents, and regardless of whether mailnspace had been informed of the possibility of such malfunction or any fault or negligence that might cause it.
- In the event that you need to recover data from a backup, mailnspace will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS.
- You understand and agree that mailnspace’s backup policy does not create any warranties for whose breach mailnspace can be held liable.
- Customer agrees to defend, indemnify, and hold harmless mailnspace, and the parents, subsidiaries, successors, assigns, employees and agents of mailnspace against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which mailnspace may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse mailnspace for all legal and other expenses, including attorneys’ fees incurred by mailnspace in connection with investigating, defending or settling any Losses whether or not in connection with pending or threatened litigation in which mailnspace is a party.
- mailnspace SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
- ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF mailnspace’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
- ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
- mailnspace PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. mailnspace DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND mailnspace SHALL HAVE NO LIABILITY THEREFOR.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, mailnspace DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
- mailnspace DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS OR THE INTERNET.
No Waiver of Rights by mailnspace:
Any failure by mailnspace to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of mailnspace’s rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 OR INDIAN RUPEES 10,000 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996 OR ANY SUBSEQUENT MODIFICATION OR RE-ENACTMENT THEREOF AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
From mailnspace to Customer:
mailnspace will notify you by e-mail of any notices that mailnspace is required to provide to you under this Agreement, at the most current e-mail address provided by you to mailnspace.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that mailnspace has your most current e-mail address and mailnspace shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that mailnspace sends to the most current e-mail address you have provided to mailnspace.
From Customer to mailnspace:
Unless otherwise specified in this Agreement, notices to mailnspace shall be sent to the following address:
Attention: Legal Notices
432, Lamington Road, 2nd floor, above Dena Bank, Mumbai - 400 004. INDIA.
This Agreement shall be governed by and construed only in accordance with the laws applicable at Mumbai, Maharashtra, India without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars or Indian Rupees, wherever applicable.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and mailnspace, and supersedes any prior or previous agreements between you and mailnspace with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which mailnspace notifies you from time to time, pursuant to this Agreement.
No Oral Modification:
This Agreement may not be modified orally.
- Customer shall not assign or attempt to assign its obligations under this Agreement without mailnspace’s prior and express written consent to such assignment.
- mailnspace may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
Consent to Jurisdiction & Venue:
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by mailnspace.
Choice of Law:
For all purposes, this Agreement shall be deemed to have been made within the local limits of Mumbai, Maharashtra, India. This Agreement shall be governed only by the laws applicable at Mumbai, Maharashtra, India and subject to the Arbitration clause, mailnspace and Customer each submit to the exclusive jurisdiction of the courts situated at Mumbai, Maharashtra, India.
mailnspace shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service or any cause beyond the reasonable control of mailnspace.
Terms of this Agreement:
- In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto and the remainder of the provisions shall remain in full force and effect.
- mailnspace reserves the right, at its sole discretion, to update or revise these terms, any other policy or statement on any mailnspace web site and any product offerings or programs described on any mailnspace web site. It is your duty to periodically read the Terms and keep track of changes, if any.
Limitation of Actions Arising Under this Agreement:
Any cause of action you may have with respect to mailnspace’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
Denial of Service:
mailnspace reserves the right to refuse or discontinue its services to anyone at mailnspace's sole discretion.
Abuse of mailnspace Staff or Support Personnel:
- At mailnspace, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
- If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service.
- Abusive conduct includes, but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner;
- Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Deliberately using all capital (uppercase) letters in any written communication to our staff;
- Insulting our staff because of their personal characteristics or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion or housing or economic status; or
- Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.