TERMS & CONDITIONS OF USE
By signing up for IneedTechnologies.com services, all the users, visitors, returning visitors and customers collectively referred to as clients; agree to comply with AUP (Acceptable Usage Policy) or in larger context referred to as Terms & Conditions. The whole spirit of AUP is the ensure the clients comply with the requirements on IneedTechnologies.com. By signing up for the services, the clients agree to respect the rights of other Internet clients. The terms mentioned in AUP are comprehensive and company/owners of IneedTechnologies.com reserve the right to add, delete, or modify any provision of its AUP at any time without notice. The updated terms and AUP are effective upon either the posting of the modified AUP to www.IneedTechnologies.com or by the mode notification of the modified AUP through relevant electronic channels. Any violation, abuse, misuse of the IneedTechnologies.com platform and complaints about a customer’s breach of the AUP should be sent to [email protected]. The terms and conditions presented in this AUP supersedes any other agreement with IneedTechnologies.com, whether written, oral, by conduct, or otherwise. By accessing the web site at https://www.ineedtechnologies.com you are consenting to be bound by these website Terms and Conditions, all applicable laws and regulations, and agree that you are accountable for compliance with these terms and conditions. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The corporealities contained in this web site are protected by applicable copyright and trademark law.
General Terms and Conditions Applicable To Use Of A Website
Section 1. IneedTechnologies.com Business Plan, E-commerce & Digital Marketing Services
Customer Use Restrictions
IneedTechnologies.com offers support through email, skype and over the phone. INEEDTECHNOLOGIES does not guarantee or apply any time limit for offering such support. Phone support is available only for corporate accounts alone.
IneedTechnologies determines any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers). In this case, IneedTechnologies reserves the right to suspend that site, customer service instantly. This measure is only aimed to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby IneedTechnologies can continue hosting the website for an additional fee after due rectifications at the customer’s end. IneedTechnologies will be the sole arbitrator of what is considered to be a high server usage level. Any Business Plan, E-Commerce account & Digital Marketing Service deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Any scripts, files that pose a possible security risk or are deemed to be skeptically affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. IneedTechnologies does not allow CGI Scripts related to domains not hosted by IneedTechnologies or any scripts that may be abused for UCE purposes.
Chat Software, Chat Scripts and Chat Rooms
IneedTechnologies does not allow Business Plan and E-Commerce customers to install their chat rooms. Chat rooms tend to require significant system resources and therefore cannot be sanctioned as an account option.
IneedTechnologies Business Plan and E-Commerce accounts are not configured to distribute software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact [email protected] to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. IneedTechnologies Business Plan and E-Commerce accounts are not to be used to distribute and store unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 30% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
IneedTechnologies do not allow the following material to be hosted in any form. IneedTechnologies do not allow any of the following content to be stored on its servers:
- Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
- Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is entirely at the sole discretion of IneedTechnologies. Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. It also incorporates any sites which provide “links to” or “how-to” information about such material.
Section 2. IneedTechnologies Client Restrictions
- Client Security Responsibilities: The client is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In this situation, the client is responsible for the cost to rectify any damage done to the client’s server and any other requirement affected by the security breach.
- Billing for Network Resources: The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
- IneedTechnologies services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that IneedTechnologies provides to customers);
- any use by clients, or any access provided to customers by IneedTechnologies, of computing, telecommunications, software, information, hardware, and equipment;
- any action, or provision of any service, by IneedTechnologies to clients, related to Business Plan and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
- any provision by IneedTechnologies to customers, of any space, Internet connectivity, or electrical power;
- any access or use related to the IneedTechnologies web site, including the web site itself;
- any other service mentioned in the AUP;
- any other service provided by IneedTechnologies to customers, whether used or not;
- any other IneedTechnologies services that are used by customers, whether offered or provided by IneedTechnologies to customers.
Ownership of Web Site
The legal owner of customer’s websites and accounts with IneedTechnologies will be the person or organization whose name is listed in the IneedTechnologies database as the owner. Customers will fully cooperate with and abide by all of IneedTechnologies’ security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with IneedTechnologies.
Illegal Use or Prohibited Use
IneedTechnologies servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the infringement of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing IneedTechnologies services, all IneedTechnologies clients certify that they and/or the organization they represent in procuring services from IneedTechnologies are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a ‘suspected terrorist’ as defined by the Constitution of India, and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of IneedTechnologies services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use IneedTechnologies services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
IneedTechnologies is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, IneedTechnologies urges its clients to assume that all of their on-line communications are insecure. IneedTechnologies cannot take any responsibility for the security of information transmitted over IneedTechnologies facilities.
Clients are required to use the IneedTechnologies network responsibly. This includes respecting the other clients of IneedTechnologies. IneedTechnologies reserves the right to suspend and/or cancel service provided to any customer who uses the IneedTechnologies infrastructure in a way that adversely affects other IneedTechnologies customers. While IneedTechnologies reserves the right to monitor its service electronically to determine that all its facilities are operating satisfactorily, as a part of standard practice, however, IneedTechnologies does not monitor its clients’ communications or activities to determine whether they comply with the AUP. In a situation where IneedTechnologies becomes aware of any violation of the AUP or any other user agreements, IneedTechnologies may take any action to stop or correct such violation, including, but not limited to, denying access to IneedTechnologies services and equipment or the Internet. Besides, IneedTechnologies may take action against a customer or a customer of such customer because of the activities of such customer. IneedTechnologies anticipates that clients whom it offers its services will cooperate with IneedTechnologies in any corrective or preventive action that IneedTechnologies deems necessary. Failure to cooperate with such corrective or preventive measures is a breach of IneedTechnologies policy and IneedTechnologies reserves the right to take any such action even though such action may affect other clients of the IneedTechnologies.
IneedTechnologies and its , affiliates and partners shall not be held liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that IneedTechnologies has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content/data maintained or transmitted by any IneedTechnologies Service. You acknowledge and agree that no compensation shall be payable whatsoever concerning the aforesaid by IneedTechnologies. IneedTechnologies makes no warranty that the services will be uninterrupted, timely, secure or error-free.
Actions Taken by IneedTechnologies
The failure by a client to meet or follow any of the AUP is grounds for account deactivation. IneedTechnologies will be the sole arbiter as to what constitutes a breach of the AUP. IneedTechnologies reserves the right to remove any account without prior notice and to refuse service to anyone at any time. The time IneedTechnologies becomes aware of an alleged violation/breach/infringement of its AUP, IneedTechnologies will initiate an investigation. During the investigation, IneedTechnologies may restrict a customer’s access to prevent further potentially unauthorized activity. Depending on the severity of the violation, IneedTechnologies may, at its sole discretion, restrict, suspend, or terminate a client’s account and/or pursue other civil remedies. If such violation is a criminal offense, IneedTechnologies will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or constitutes disruptive use of the Internet. IneedTechnologies does not issue credits for any interruptions incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by IneedTechnologies.
IneedTechnologies clients agree to protect, defend, hold harmless, and indemnify IneedTechnologies, any third party entity related to IneedTechnologies (including, without limitation, third party vendors), and IneedTechnologies executives, experts, professionals, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as IneedTechnologies, from and against all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, all legal fees and expenses, arising out of or resulting in any from the client’s use of IneedTechnologies services.
The IneedTechnologies service is provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. IneedTechnologies expressly disavows any representation or warranty that the IneedTechnologies service will be error-free, secure or uninterrupted. No oral advice or written information given by IneedTechnologies, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. IneedTechnologies and its partners and suppliers will not be liable for any cost, loss or damage arising either directly or indirectly from any transaction or use of the service. IneedTechnologies works proficiently to work for accuracy of the information, content, data accuracy however it does not guarantee the accuracy, precision, likely results, or authenticity of the corporeality, information provided on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Termination for Bankruptcy or Insolvency
If a client becomes bankrupt or any insolvency petition is filed by the client or any third party against the client, IneedTechnologies may immediately terminate the provision of IneedTechnologies services to the client without prior notice or penalty. Such client consents to the grant of relief from any automatic stay of proceedings against IneedTechnologies in such an incident.
IneedTechnologies may terminate, update, replace, upgrade, alter, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide clients with IneedTechnologies services. Certain changes to IneedTechnologies services may affect the operation of clients’ personalized applications and content. Each client is solely responsible, and IneedTechnologies is not liable, for all such personalized applications and content.
Backup of Data
Except where IneedTechnologies has expressly agreed in writing to the contrary, clients are solely and entirely responsible, and IneedTechnologies is in NO way liable, for the management and backup of all client data, and all updates, updates, upgrades, emails, and patches to any software that clients use in connection with IneedTechnologies services.
IneedTechnologies makes a conscious effort to provide clients with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, IneedTechnologies makes NO warranty of any kind, either express or implied, regarding the quality, precision, authenticity, legality, or continued existence of any or all aspects of such Technologies. Moreover, IneedTechnologies specifically disavows all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no client will hold IneedTechnologies liable in any way for the annulment of any license, which has been licensed to IneedTechnologies. The use of the Technologies obtained from or through IneedTechnologies, or any other referred third party, whether directly or indirectly, is at the sole risk of clients.
Any mention of products, not related to IneedTechnologies.com, by IneedTechnologies, its employees, or any third-party entity related to IneedTechnologies is for information purposes only and does not constitute an endorsement or recommendation by IneedTechnologies. IneedTechnologies disclaims all obligations for any representation or warranty made by the vendors of such products or services.
IneedTechnologies Intellectual Property
Clients will not, without IneedTechnologies express written consent and permission, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on IneedTechnologies web site, and clients will not use any of IneedTechnologies trademarks, service marks, copyrighted materials, or other intellectual property without IneedTechnologies express written consent. Clients will not, in any way, misrepresent their relationship with IneedTechnologies, attempt to pass themselves off as IneedTechnologies, or claim that clients are IneedTechnologies.
Clients may not assign or delegate their rights or obligations under the AUP or other agreement for IneedTechnologies ‘s services, either in whole or in part, without the prior written consent of IneedTechnologies.
Minimum Age Requirement
IneedTechnologies clients must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the AUP for the Minor to become an IneedTechnologies client. A parent or guardian who accepts the AUP on behalf of a Minor will be primarily accountable for ensuring complete and proper compliance with the AUP, including the timely and full payment of the charges for IneedTechnologies services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains IneedTechnologies express written approval to the contrary. Any acceptance of the AUP or any other agreement for IneedTechnologies services will be deemed null and void to the extent that IneedTechnologies will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of IneedTechnologies services.
Governing Law and Severability
The AUP and any other agreement for IneedTechnologies services will be governed by and construed according to the laws of the State of Haryana, India without reference to its conflicts of law principles. Any litigation or arbitration between a client and IneedTechnologies will take place in the State of Haryana, and the client will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the AUP or other IneedTechnologies agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the AUP or the agreement will continue in full force and effect. Any claim relating to IneedTechnologies’s website shall be governed by the laws of the State of Haryana, India without regard to its conflict of law provisions.
IneedTechnologies will not be accountable for delays in its performance of the AUP or IneedTechnologies services caused by circumstances beyond the control of IneedTechnologies, including but not limited to acts of God, wars, insurrection, civil commotions, riots, communal disorders, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). IneedTechnologies will make prudent efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of clients for the payment of money due.
Nothing in this Agreement/Contract/Policy will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between IneedTechnologies and its clients. Each of IneedTechnologies clients will be deemed as an independent contractor at all times and will have no right, authorization or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this AUP, the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the AUP into sections/paragraphs and the insertion of headings/captions are for convenience of reference only and will not affect the construction or interpretation of the AUP. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the AUP.
Complete Agreement and Exclusivity
The AUP, and/or any other specific agreement for IneedTechnologies services, constitutes the complete understanding and agreement between IneedTechnologies and its clients. Except when expressly agreed to the contrary in signed writing by an authorized representative of IneedTechnologies, the AUP supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This AUP, and/or any other specific agreement for IneedTechnologies services is between IneedTechnologies and its clients only and will not confer any rights of any third party except as otherwise expressly provided by IneedTechnologies.
Unless you take an explicit written permission from IneedTechnologies by writing an email to [email protected]. IneedTehcnologies prohibits any client from using, altering or copy any material, content on IneedTechnologies website for commercial purpose, or for any public display (commercial or non-commercial) attempt to decompile or reverse engineer any software contained on IneedTechnologies’s website, remove any copyright or other proprietary notations from the materials, corporealities or transfer the materials to another person or “mirror” the materials.
LIMITATION OF LIABILITY
In no event shall ineedtechnologies or its partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ineedtechnologies’s internet site.
.to the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will ineedtechnologies (including, without limitation, ineedtechnologies executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as ineedtechnologies, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing ineedtechnologies services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or ineedtechnologies services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any ineedtechnologies services even if ineedtechnologies has been advised of the possibility of such damages. Ineedtechnologies total cumulative liability, if any, to customer/client, or any third party, for any and all damages, related to the aup or ineedtechnologies services, including, without limitation, those from any negligence, any act or omission by ineedtechnologies or ineedtechnologies representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual amount paid by the client for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
Revisions and Errata
The data, information appearing on IneedTechnologies’s website could include technical, typographical, or photographic errors. IneedTechnologies does not guarantee that any of the materials on its web site are accurate, complete, or current. IneedTechnologies may make changes to the elements, materials contained on its web site at any time without notice. IneedTechnologies does not, however, make any commitment to update the materials.
IneedTechnologies has not reviewed all of the sites that link to its Internet web site and is in no way responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IneedTechnologies of the site. The use of any such linked web site is at the user’s discretion.
Revision of Terms and AUP
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Section 4. All IneedTechnologies Customer Billing Policy
IneedTechnologies accepts the following types of payment:
– Check/money order
– Payments through our payment terminals
– Bank wire transfer
– Fund Transfer from bank accounts
All payments are due on the Statement Date. The Statement Date is the monthly date on the service contract/account was activated. You are responsible for directly updating, or notifying IneedTechnologies, of any changes to your billing details.
Accounts that are past due will be automatically discontinued. All past due and unpaid balances are subject to accumulation. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
IneedTechnologies offers monthly Billing Cycles (terms) for its service : Yearly (12 months). The Billing Cycle begins on the Plan/Service/Account Activation Date. Resellers are limited to the Yearly Billing Cycle for all of their charges. All additional features added to an account are charged yearly. Additional items or features are non-refundable.
To ensure uninterrupted service to your website, all plans have to be renewed. The client has the sole obligation to keep track of the expiry date and renew the services well in advance at least 12 days before expiry. It is not the obligation of IneedTechnologies to give you any intimations in advance. It is confirmed by you that the liability of renewing the service will lie with you. The renewal of your account/service is subject to the realization of payment by IneedTechnologies. Payment of account/acquired services fee after expiry date does not guarantee the renewal of account with IneedTechnologies. IneedTechnologies cannot guarantee the renewal of the account if the payment is made after the expiry date. The domain transfer services, SSL renewal services are only applicable to the domain, SSL that has been purchased through IneedTechnologies.com. Renewal of services such as domains, SSL certificates, etc, involve the respective companies and IneedTechnologies has no control over it. Hence, IneedTechnologies is not liable for interruption in services, loss of data, loss domain names, SSL certificates, etc.
Statements Of Your Service
IneedTechnologies will mail electronic invoices or statements. Statements can be viewed on the given email id.
Bank Account Payments
IneedTechnologies charges $10.00 for outstation checks, Account transfers.
Customers that wish to reactivate a closed account will be assessed a $30.00 reactivation fee.
Services will automatically expire until the related plan is renewed. To cancel service, you must contact IneedTechnologies ‘s Billing Team at [email protected] with proper payment details and account details. Please be aware that there are no refunds after the service is provided. IneedTechnologies doesn’t give any money-back guarantee for all the services advertised through our website. IneedTechnologies does not monitor, plans for problems related to domain name transfers, non-usage, Internet, your ISP, or any other secondary issues not directly related to IneedTechnologies services. The cancellation of services does not relieve the client from paying any outstanding balance owed on the account. IneedTechnologies reserves the right to cancel any account/service, at any time, without notice, for any reason IneedTechnologies considers appropriate.
IneedTechnologies policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.