This Terms of Service (“Agreement") is a legally
binding contract between Jarvish Host Hosting Company (“Jarvish Host") and
you (“Customer," ‘you’ or ‘your’) that shall govern the purchase and
use, in any manner, of the services provided by Jarvish Host to Customer
(collectively, the “Services"). By purchasing and/or using the
Services in any manner, you represent that you have read, understand, and agree
to all terms and conditions set forth in this Agreement, and that you are at
least eighteen (18) years old and have the legal ability to engage in a
contract business. If you do not agree to all the terms and conditions set
forth in this Agreement, then you may not use any of the Services. If you are
already a customer of Jarvish Host and do not agree with the terms and conditions
set forth in this Agreement, you should immediately contact Jarvish Host to cancel
Ownership and Services Purchased
1.1. The individual or entity set out in our
records as the primary billing contact shall be the owner of the account.
1.2. The features and details of the Services
governed by this Agreement are described on the web pages setting out the
particular services or products you have purchased (‘Service Description Page’)
based on their description on the Service Description Page as of the Effective
Date, as defined below. Jarvish Host may modify the products and services it
offers from time-to-time. Should the Service Description Page change subsequent
to the Effective Date, we have no obligation to modify the Service to reflect
such a change. The services and products provided to you by Jarvish Host as set
out on the Service Description Page, are referred to as the ‘Services.’
1.3. Certain aspects of the Services are
provided by third parties. These third parties may have reserved the right to
make changes, including material changes, to the services provided by them.
Term of Agreement
2.1. This Agreement becomes effective
immediately when Customer checks ‘I Agree to Terms of Service" at the time
of order and remains effective and binding until terminated by either party as
outlined below. This Agreement may only be modified by a written amendment
signed by an authorized executive of Jarvish Host, or a release of an update by
Jarvish Host of a revised version.
2.2. The term of this Agreement is set to the
Customer’s billing term (‘Term’). If no Term is set out, the Term shall be one
(1) year. Upon expiration of the initial Term, this Agreement shall renew for
periods equal to the length of the initial Term, unless one party provides
notice of its intent to terminate as set out in this Agreement.
Obeying the Law
3.1. Jarvish Host is a trademark of GilGa
Hosting Company, owned and controlled by e-Cafe Business & Internet
Services registered and located within the Federal Republic of India and as
such, we are required to comply with the laws and official policies of India,
regardless of where the Services are provided. In addition, Jarvish Host will
comply with appropriate laws and official policies set forth by the Law Enforcement
Payments and Billing
4.1. Jarvish Host reserves the right to charge
Customers in person of Jarvish Host Hosting Company via internet payment gateways
or bank deposit. All fees are billed in Indian Rupee (“INR") and
are subject to change with thirty (30) days prior notice to you.
4.2. Your ‘Billing Term’ is the period of
time you have chosen to receive bills for the Services. For example, your
Billing Term may be monthly, quarterly, annually, biennially or triennially.
4.3. Jarvish Host is only able to
automatically collect payment from customers through third-party online payment
gateways. All other payments must be made through cheque or cash-deposit at a
designated bank within or outside India. It is your obligation to ensure that
reoccurring fees are paid on their due date.
4.4. As a customer of Jarvish Host, it is
your responsibility to ensure that all billing information on file with Jarvish
Host is accurate prior to making any payment online or offline. You are solely
responsible for any and all fees charged to your payment method by the issuer,
bank, or financial institution including, but not limited to, membership,
overdraft, insufficient funds and over the credit limit fees. You remain liable
for any charge incured on any card or bank account used to purchase any of our
4.5. No Free Domain Name is offer once
payment is made for hosting without domain. Free domain name can only be
offered to client if the client forgot to inlude the domain along with the
hosting account while placing the order. i.e. For new registration only…
Transfer of domain names does not qualify for this offer….
5.1. Any account not paid in full by the end
of the first day of the Billing Term will be subjected to a “late
penalty" charge of 10% of the past due amount or 1,000.00 NGN or its
equivalent. Following Fifteen (15) days of non-payment, Jarvish Host reserves
the right to suspend your Service(s) with Jarvish Host, and to subsequently
terminate Service(s) after thirty (30) days following suspension of Services in
the case of cPanel Hosting and Fifteen (15) days for virtual private server
(VPS) and Dedicated Servers.
5.2 Jarvish Host is not responsible for any
damages or losses as a result of suspension or termination for non-payment of
your account. In addition, Jarvish Host reserves the right to refuse to
re-activate your Services until any and all outstanding invoice(s) have been
paid in full.
Refund Policy and Billing Disputes
6.1. Jarvish Host offers a thirty (30) day
money back guarantee on web hosting packages. No refunds are offered after the
first thirty (30) days of Service.
6.2. No refunds are offered on virtual
private server (VPS) packages, dedicated server packages, custom packages,
setup fees, domain registrations, domain transfers, domain renewals, SSL
certificates, dedicated IP addresses, advanced support fees, processing fees,
payment gateway fees, using your acccount for phishing/spamming, promotion
order i.e. order made on either Black Friday & Cyber Monday Offer or
software licenses. Jarvish Host reserves the right to deduct fees for value
added services or transaction charges that may have been included during your
order process, such as Gateway fees and SSL Certificates.
6.3. Only first-time accounts are eligible
for a refund under the 30 day money back guarantee. For example, if you had or
still have an account with Jarvish Host before, canceled and signed up again,
you will not be eligible for a refund or if you have opened a second account
with Jarvish Host. In addition, refunds are not offered for accounts that are
suspended or terminated for violating this Agreement.
6.4. Refunds will be issued only to the
billing contact on file and may take up to one (1) week to process. Eligible
payments older than sixty (60) days may require a refund via Payment Gateway or mailed
check due to Jarvish Host’s merchant account policies and procedures.
6.5. The following methods of payment are
non-refundable, and refunds will be posted as credit to the hosting account for
current or future Services: bank wire transfers, Western Union payments,
International checks, International payment gateways and foreign bank accounts
operated by Jarvish Host.
6.6. Jarvish Host will not activate new
orders or provide additional Services for customers who have an outstanding
balance with Jarvish Host. For a new order to be setup or a new package to be
activated, you must have a balance unless otherwise
stated by Jarvish Host in writing.
6.7. Exchange rate fluctuations for
international payments are constant and unavoidable. Like all payments, all
refunds are processed in Indian Rupee (“INR"), and will reflect the
exchange rate in effect on the date of the refund. All refunds are subject to
this fluctuation and Jarvish Host is not responsible for any change in exchange
rates between time of payment and time of refund. In addition, Jarvish Host
reserves the right to refuse a refund at any time for any or no reason.
6.8. If you believe there is an error in Jarvish
Host’s billing, you must contact Jarvish Host about it, in writing, within
thirty (30) days of the date you are billed or charged. Jarvish Host’s
obligation to consider your claim is contingent on your providing it with
sufficient facts for Jarvish Host to investigate your claims. You waive your
right to dispute any charges or fees if you fail to notify Jarvish Host in
writing or meet the deadline set out above. If Jarvish Host finds that your
claim is valid, Jarvish Host agrees to credit your account on your next billing
date. Third party fees are not subject to this dispute provision and are final.
6.9. Jarvish Host shall deduct 10% charge on
refunds to bank accounts and all refunds payable outside credit balance of any
client account in order to settle bills from the banks and/or payment gate
Chargebacks, Reversals, and Retrievals
7.1. If Jarvish Host receives a chargeback or
payment dispute from a credit card or debit card company, bank, or other
payment gateways, your Services may be suspended without notice. A 4,000 NGN
chargeback fee plus any outstanding balances accrued as a result of the
chargeback(s), must be paid in full before service is restored. Instead of
issuing a chargeback, please contact Jarvish Host’s support team to address any
7.2. If Jarvish Host appeals a chargeback or
other payment dispute and wins the dispute or appeal, the funds will likely be
returned to Jarvish Host by the credit card or debit card company or bank. Any
double payment resulting from this process will be applied to Customer’s
account in the form of a service credit.
Cancellation of Services
8.1. Either party may terminate this
Agreement by providing notice to the other as provided herein.
8.2. You may cancel service by completing Jarvish
Host’s cancellation form located at http://clientarea.Jarvishhost.com/clientarea.php
under the specific service options. To reduce the likelihood of error and
ensure the security of your account, Jarvish Host does not accept cancellations
via any other method or location, including, but not limited to, telephone,
email, or live chat. Cancellations are final once approved by the caution
message, the system will automatically handle it in due request.
8.3. Cancellations must be requested via the
form indicated above 48 hours or more prior to the Service’s renewal date. If a
cancellation notice is not received within the required time frame, you will be
billed for the next Billing Term and are responsible for payment as set forth
8.4. If you pay Jarvish Host via PayPal, it
is your responsibility to cancel any subscription for recurring PayPal
payments. Jarvish Host (which has no control over PayPal subscription payments)
is not responsible for payments made from your PayPal account after
cancellation and is under no obligation to refund such payments made after
8.5. Jarvish Host may terminate this
Agreement at any time by providing notice to Customers via email. Should Jarvish
Host terminate this Agreement for any reason other than a material breach, or
violation of Jarvish Host’s Acceptable Use Policy, any prepaid fees shall be
8.6. One party may also terminate this
Agreement upon the occurrence of a material breach which has not been cured by
the other party within ten (10) days of their receipt of written notice of the
breach. For the purposes of defining a material breach, materiality shall be
determined from the perspective of a reasonable business person with
significant experience in conducting business on the Internet. Notices of
material breach must contain sufficient detail for the party against whom the
assertion of material breach is directed to identify the breach and attempt to
take corrective action.
8.7. Account are liable to auto terminate by
the system if the system notice inactivity/none pointing of our nameserver to
your domain or single/all accounts has been moved to another hosting provider.
With this, you agree to keep backup of all accounts on your local system. We will
not be held responsible for any files lost as we only keep backup of the entire
server not a single account
Refusal of Service
9.1. Jarvish Host reserves the right to
refuse service to anyone at any time. Any material that, in Jarvish Host’s judgment,
is obscene, threatening, illegal, or violates Jarvish Host’s terms of service
in any manner may be removed from Jarvish Host’s servers (or otherwise
disabled), with or without notice.
9.2. Similarly, Jarvish Host reserves the
right to cancel, suspend, or otherwise restrict access to the Service(s) it
provides at any time, for any or no reason, and with or without notice. Jarvish
Host is not responsible for any damages or loss of data resulting from such
suspension or termination.
9.3. If any manner of communication with Jarvish
Host’s staff could be construed as belligerent, vulgar (curse words),
attacking, highly rude, threatening, or abusive, you will be issued one
warning. If the communication continues, your account may be suspended or
terminated without refund. This includes, but is not limited to, threats to
sue, slander, libel, publicly post, or initiate a chargeback.
9.4. Jarvish Host happily accepts orders from
outside India, but may limit accounts from certain countries with a high
fraud rate. To help protect Jarvish Host and its customers from fraud, Jarvish
Host may ask you to provide a copy of a government issued identification and/or
a scan of the credit card used for the purchase. If you fail to meet these
requirements, the order may be considered fraudulent in nature and denied.
10.1. Each customer is required to utilize as
little server resources as possible, so as to allow for reasonable performance
by all Jarvish Host customers. Because server CPU and memory are shared
resources, excessive consumption of these resources can interfere with or
completely prevent normal service performance for other users. Jarvish Host
reserves the right to suspend or terminate Services on any account that, at its
sole discretion, is abusing server resources. Such suspension or termination
can occur at any time without prior warning, and for any or no reason.
resource limits for shared and reseller packages:
14% CPU Usage
1GB of Memory
15 Running Processes
· 10 outgoing email
messages per 60 minute period (all excess messages will be discarded and not
10.3 Jarvish Host web hosting accounts
are not to be used for the purposes of distributing and/or storing an unusual
amount of files. We are a web hosting provider not a remote file storage
provider. Any web site whose disk space usage for storing the files exceed 70%
of its total usage, either in terms of total size or number of files, will be
deemed to be using unusual amount of files. At that point, if we find that
those files are illegal or harmful in any way, you will be notified. If you do
not have any negative intentions such as causing harm to our server or to
others with the files you keep, then you have nothing to worry about.
10.4 Customer’s programs and services may not
use more than 90% of one CPU core per process thread for more than 15 minutes.
Customer’s programs and services will be limited to 90% of 1 CPU core if found
to be using more than 90% of one CPU core per process thread. Subscriber’s
programs and services may not use more than 200% of two CPU cores for more than
11.1. You are allocated a monthly bandwidth
allowance depending on the hosting package you purchase.
11.2. Should your account pass the allocated
amount, Jarvish Host reserves the right to: a) suspend the account until the
start of the next allocation, b) suspend the account until more bandwidth is
purchased at an additional fee, c) suspend the account until you upgrade to a
higher level of package, and/or d) charge you an additional fee for the
11.3. Unused transfer in one month cannot be
carried over to the next month and bandwidth is not pooled among multiple
servers or accounts.
12.1. Jarvish Host grants to you a
non-exclusive, non-transferable, worldwide, royalty free license to use
technology provided by Jarvish Host solely to access and use the Services. This
license terminates on the expiration or termination of this Agreement. Except
for the license rights set out above, this license does not grant any
additional rights to you. All right, title and interest in Jarvish Host’s
technology shall remain with Jarvish Host, or its licensor’s. You are not
permitted to circumvent any devices designed to protect Jarvish Host, or its
licensor’s ownership interests in the technology provided to you. In addition,
you may not reverse engineer this technology.
12.2. You grant Jarvish Host, or to any third
parties used by Jarvish Host to provide the Services, a non-exclusive,
non-transferable, worldwide, royalty free, license to use, disseminate,
transmit and cache content, technology and information provided by you and, if
applicable, your End Users, in conjunction with the Services. This license
terminates on the expiration or termination of this Agreement. All right, title
and interest in your technology shall remain with you, or your licensor’s.
13.1. Jarvish Host reserves the right to add,
modify, or remove any or all features from any service Jarvish Host provides,
at any time, with or without notice. This includes, but is not limited to, disk
space limits, bandwidth limits, domain limits, pricing, and third party
applications. These changes can be made for any or no reason and Jarvish Host
does not guarantee the availability of any feature, whether written or implied.
If the removal of a feature materially impacts your ability to use the Service,
you may terminate this Agreement. For the purposes of this paragraph only, the
term ‘materially’ means that a reasonable business person would not have
purchased the Services for the purposes used by you.
14.1. Jarvish Host guarantees that your
website and services that directly affect its display to the Internet (such as
HTTP or MySQL) will be accessible 99.98% of the time in any given calendar
month. If Jarvish Host fails to meet its Uptime Guarantee, you will be issued a
credit equivalent to one (1) day of service per sixty (60) minutes downtime.
The first 60 minutes (or 0.1%) of downtime per month are not counted towards
any credit and the maximum credit available is one (1) month of service.
14.2. Credits are only available for future
services/invoices and cannot be issued as refunds. All credit requests must be
sent via our official request form at http://billing.Jarvish Host247.com/submitticket.php
later than the tenth (10th) day of the month following the SLA (as that term is
defined below) violation. Credits are issued based on the uptime for the
previous calendar month only and requests not submitted within the required
time frame cannot be approved.
14.3. For example, if you experienced less
than 99.98% uptime in the month of November, you would need to submit your
request for credit no later than December 10th.
14.4. The following circumstances are not
eligible for credit and are specifically excluded from our Uptime Guarantee:
scheduled maintenance, DDoS or similar attack, hardware failure, third-party
software failure, customer maxing its resource container, issues resulting from
errors or omissions by the customer, issues relating to the customer’s ISP,
firewall blocks/bans, or any other circumstance beyond our reasonable control.
This clause does not apply to subscribers of Virtual Private Servers (‘VPS’) or
Dedicated Server packages. All credits are at the discretion of Jarvish Host,
based on its investigation of any issue that is covered by this section.
14.5. If Jarvish Host provides a credit, or
Service Level Agreement, for a particular Service, this shall be your sole and
exclusive remedy for defects in, or issues with, the Service.
15.1. Jarvish Host will provide technical
support to you twenty-four (24) hours a day, three-hundred-sixty-five (365)
days a year. The only official method for technical support is via Jarvish Host’s
help desk at http://billing.Jarvish Host247.com/login.php. Telephone and live
chat support are not official methods of support and are governed by the terms
and conditions set forth in the following clause.
15.2. Limited support will be provided, at Jarvish
Host’s discretion and subject to availability of staff, via telephone and/or
live chat. Jarvish Host will always do its best to provide fast, friendly, and
helpful support over the telephone and live chat, but these options are not
official methods of support and no guarantee is made as to the availability,
accessibility, or technical expertise provided via these mediums.
15.3. Inquires via telephone or live chat
support should be limited to general questions which do not require access to
any account or server to investigate or resolve and should not be used to
request the status of or provide updates to a help desk ticket. Any issue
requiring investigation, research, or access to an account/server should be
sent via the help desk. Jarvish Host reserves the right to direct any issue to
the help desk at its discretion and to refuse to provide support for such
issues via telephone or live chat.
15.4. Resellers are responsible for supporting their own
customers. Jarvish Host does not provide support to its resellers’ customers.
If a reseller’s customer contacts Jarvish Host, Jarvish Host reserves the right
to place the customer account on hold until the reseller can assume its
responsibility for its customer. All support requests must be made by the
reseller on its customers’ behalf for security purposes. Resellers are also
responsible for all content stored or transmitted under their reseller’s
account and the actions of their customers. Jarvish Host will hold any reseller
responsible for any of its customers’ actions that violate the law or the terms
of service set forth in this Agreement.
Advanced Support Policy
16.1. Support to Customer is limited to Jarvish
Host’s area of expertise and is available only for issues related to the
physical functioning of the Services. Jarvish Host does not provide support for
any third party software including, but not limited to, software offered by but
not developed by Jarvish Host. Jarvish Host reserves the right to refuse
assistance with and/or assess an “Advanced Support Fee" of 10,000.00
NGN ($70) per hour (1 hour minimum) for any issue that, at Jarvish Host’s sole
discretion, is: (a) outside the scope of standard support; or (b) caused by
customer error or omission. Jarvish Host will always ask for your permission
before providing advanced support that may be subject to a fee. By providing
your permission, you agree to pay Advanced Support Fees as billed.
17.1. Your use of Jarvish Host’s Services is
at your sole risk. This service is provided to you as a courtesy. Jarvish Host
is not responsible for files and/or 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 Jarvish Host’s servers. Any and
all backup services provided by Jarvish Host, whether paid or not, are offered
with no warranty or guarantee of their date, accuracy, and integrity.
17.2. Backups are performed on servers that
house shared and reseller packages only. No backups are performed for virtual
private server (VPS) or dedicated server packages, unless you specifically
purchase an additional service for this purpose.
17.3. If you ask Jarvish Host to restore a
backup of your data that is located on a backup server maintained by Jarvish
Host, you agree to pay a non-refundable “restoration fee" determined
by the billing team (depending on the availability and cost) per backup
restored to complete the request. By requesting that Jarvish Host restore a
backup for you, you also confirm a backup restoration will overwrite any and
all current data on your account. Jarvish Host cannot be held liable if a
backup restoration does not complete successfully. Jarvish Host will never
charge a backup fee to restore a backup to address an error or omission caused
by Jarvish Host.
Expired Domain Deletion Policy
19.1. Immediately after the expiration of the
term of a domain name’s registration services and before deletion of the domain
name in the applicable registry’s database, you acknowledge that Jarvish Host
may direct the domain name to name servers and IP address(es) designated by Jarvish
Host, including, without limitation, to no IP address or to IP address(es)
which host a parking page and/or a commercial search engine that may display
advertisements. You acknowledge that Jarvish Host may either leave your WHOIS
information intact or that Jarvish Host may change the contact information in
the WHOIS output for the expired domain name so that you are no longer the
listed registrant of the expired domain name.
19.2. For a period of approximately thirty
(30) days after expiration of the term of domain name registration services,
you acknowledge that Jarvish Host may provide a procedure by which expired
domain name registration services may be renewed. You acknowledge and agree
that Jarvish Host may, but is not obligated to, offer this process, called the
“reactivation period." You acknowledge that you assume all risks and
all consequences if you wait until close to or after the expiration of the
original term of domain name registration services to attempt to renew the
domain name registration services. You acknowledge that Jarvish Host, for any
reason and in its sole discretion, may choose not to offer a reactivation
period and that Jarvish Host shall not be liable therefore. You acknowledge
that reactivation period renewal processes, if any, may involve additional fees
which Jarvish Host may determine at its discretion. You acknowledge and agree
that Jarvish Host may make expired domain name services(s) available to third
parties, that Jarvish Host may auction off the rights to expired domain name
services (the auction beginning near the end or after the end of the
reactivation period), and/or that expired domain name registration services may
be re-registered to any party at any time.
IP Address Allocation
20.1. Any dedicated IP order, in addition to
ones provided with a hosting package, may be subject to IP justification.
Justification practices are subject to change to remain in conformity with policies
of American Registry for Internet Numbers (‘ARIN’). Jarvish Host reserves the
right to deny any dedicated IP request based on insufficient justification or
current IP utilization.
Acceptable Usage Policy
21.1. You shall use Jarvish Host’s services
only for lawful purposes. Transmission, storage, or presentation of any
information, data, or material in violation of the laws of the Federal Republic
of India. This includes, but is not
limited to: copyrighted material, material that is threatening or obscene, or
material protected by trade secrets or other statutes. You agree to indemnify
and hold harmless Jarvish Host from any claims resulting from the use of the
service which damages you or any other party.
21.2. Jarvish Host reserves the right to
terminate Services for any customer or End User activity that exposes it to
legal liability or endangers its ability to provide services to other
customers. The contents, links, or actions on any Services listed below are a
violation of this Agreement. This is not an exhaustive list, but is designed to
assist you in evaluating whether Jarvish Host is the appropriate service
provider for you:
Pornography – Hosting,
Distributing, or Linking to Pornography and adult related materials like
enhancement pills etc.
Abuse – Consuming Excessive Amount of Server Resources Causing Server
DoS Source – Source of
Denial of Service Attack
DoS Target – Target of
Denial of Service Attack
– Hosting, Distributing, or Linking to Copyright Infringed Materials
Forgery – Faking an IP
Address, Hostname, E-Mail Address, or Header
Fraud Site – Hosting
or Linking to a Website Intended to Deceive the Public
HYIP – Hosting or
Linking to a High Yield Investment Program Website
Identity Theft –
Hosting, Distributing, or Linking to Stolen Account Identification Information
Infection – Hosting,
Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
Phishing – Identity
Theft by Email Under False Pretense
Proxy Site – Hosting
of or linking to an Anonymous Proxy Server
Spam Email –
Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
Spam List – Hosting,
Distributing, or Linking to Email Address Lists for Spam
Spam Site – A Site
Advertised by Spam Email or Spam Web
Spam Ware – Hosting,
Distributing, or Linking to Software Designed for Spamming
Spam Web –
Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or
Spamhaus – Spam
Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
Terrorist Site –
Hosting or Linking to a Site Advocating Terrorism
Toolz – Hosting,
Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking
or Other Illegal Activity
Warez – Hosting,
Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated
Any other material Jarvish
Host judges to be threatening or obscene.
21.3. In addition, hosting accounts may not be
resold unless the account is a Reseller account, VPS, or dedicated server. You
may not resell individual services within any single account such as web space,
emails accounts, add-on domains, or mailing lists. All domains, add-on domains,
and sub domains must be for sites controlled by or promoting published content
or businesses that are solely controlled by the owner of the account as
21.4. Jarvish Host’s designated agent for
receipt of copyright complaints is: Musa Khalid Danjuma. You may contact Jarvish
Host’s agent via email by emailing [email protected] Host247.com (please make
replacements as necessary). Copyright complaints are handled pursuant to the
Digital Millennium Copyright Act (‘DMCA’). Complaints that do not comply with
the DMCA will not be processed. You are required to comply with the DMCA in
using Jarvish Host’s Services, and presenting copyright complaints.
Restrictions on Storage Space Usage
22.1. All accounts are subject to the
following restrictions on storage space usage: a) accounts must have valid,
working websites, and not violate any previously subscribed terms; b) accounts
are not for use of mass storage of backups, files, audio, video, zip files or
others, as determined by Jarvish Host, at its sole discretion; and c) accounts
are not for use of mass distribution of files, such as torrents or mirrors. Any
account found violating these terms may be suspended or terminated without
23.1. Jarvish Host does not guarantee the
availability of any and all host locations, and reserves the right to add,
move, modify, or remove any location at any time without notification. Jarvish
Host also reserves the right to deny the transfer of any account to a new
location for any or no reason.
24.0. Your Warranties to Jarvish Host
24.0.1. You represent and warrant to Jarvish
Host that: (i) you have the experience and knowledge necessary to use the
Services; (ii) you will provide Jarvish Host with material that may be
implemented by it to provide the Services without extra effort on Jarvish Host’s
part; and (iii) you have sufficient knowledge about administering, designing,
and operating the functions facilitated by the Service to take advantage of it.
24.0.2. You expressly warrant that you own the
entire right, title and interest to, or have an appropriate license to use, all
material provided to Jarvish Host, or which may be accessed or transmitted
using the Services. You also warrant that to the extent you do business with
other parties using the Services, that they have the same ownership interests
in the materials provided to you, or accessed via you, that are set out in this
Jarvish Host’s Warranties
24.0.3. You Expressly Agree That Use Of Jarvish
Host’s Services Is At Your Own Risk. The Services Are Provided As-Is And
As-Available. Other Than As Expressly Set Out In This Agreement, Jarvish Host
Has Not, And Does Not, Make Any Warranties Whether Express Or Implied. This
Disclaimer Includes, But Is Not Limited To, The Warranties Or Non-Infringement,
Fitness For A Particular Purpose, Warranties Or Merchantability, And/Or Title.
Neither Jarvish Host, Its Parent, Its Employees, Agents, Resellers, Third Party
Information Providers, Merchants Licensers Or The Like, Warrant That Jarvish
Host’s Services Will Not Be Interrupted Or Be Error-Free; Nor Do They Make Any
Warranty As To The Results That Might Be Obtained From The Use Of The Services
Or As To The Accuracy, Or Reliability, Of Any Information Service Or
Merchandise Contained In Or Provided Through Giglayer’s Network, Unless
Otherwise Expressly Stated In This Agreement. Jarvish Host Specifically
Disclaims Any And All Warranties Regarding Services Provided By Third Parties,
Regardless Of Whether Those Services Appear To Be Provided By Jarvish Host. No
Warranties Made By These Third Parties To Jarvish Host Shall Be Passed Through
To You, Nor Shall You Claim To Be A Third Party Beneficiary Of Such Warranties.
24.0.4. The Warranty Disclaimers Contained In
This Agreement Extend To Any Oral Or Written Information You May Have Received
From Jarvish Host, Its Employees, Third-Party Vendors, Agents Or Affiliates.
You May Not Rely On Such Information.
Limitation of Liability
25.1. You Also Acknowledge And Accept That Any
Damages Will Be Limited To No More Than The Fees Paid By You For One (1) Month
25.2. Under No Circumstances, Including
Negligence, Shall Jarvish Host, Its Officers, Agents Or Third Parties Providing
Services Through Jarvish Host, Be Liable For Any Direct, Indirect, Incidental,
Special, Punitive Or Consequential Damages Whatsoever, Including But Not
Limited To, Damages For Loss Of Profits, Cost Savings, Revenue, Business, Data
Or Use, Or Any Other Pecuniary Loss By You, Any Of Your End Users Or Any Third
Party; Or That Results From Mistakes, Omissions, Interruptions, Deletion Of
Files, Errors, Defects, Delays In Operation, Or Transmission Or Any Failure Of
Performance, Whether Or Not Limited To Acts Of God, Communication Failure,
Theft, Destruction Or Unauthorized Access To Jarvish Host Records, Programs Or
Services. You Agree That This Paragraph Applies Even If Jarvish Host Has Been
Advised Of The Possibility Of Such Damages. You Hereby Acknowledge That This
Paragraph Shall Apply To All Contents On All Servers And All Services. Some
Jurisdictions Do Not Allow The Limitation Or Exclusion Of Liability For
Incidental Or Consequential Damages; You Agree That In Those Jurisdictions, Jarvish
Host’s Liability Will Be Limited To The Extent Permitted By Law.
26.1. You agree to indemnify, defend and hold
harmless Jarvish Host, and its parent, subsidiary and affiliated companies,
third party service providers and each of their respective officers, directors,
employees, shareholders and agents (each an ‘indemnified party’ and
collectively, ‘indemnified parties’) from and against any and all claims,
damages, losses. liabilities, suits, actions, demands, proceedings (whether
legal or administrative), and expenses (including, but not limited to, reasonable
attorneys’ fees) threatened, asserted, or filed by a third party against any of
the indemnified parties arising out of, or relating to: (i) your use of the
Services; (ii) any violation by you of any of Jarvish Host’s policies; (iii)
any breach of any of your representations, warranties or covenants contained in
this Agreement; or (iv) any acts or omissions by you. The terms of this section
shall survive any termination of this Agreement. For the purpose of this
paragraph only, the terms used to designate you include you, your customers,
visitors to your website, and users of your products or services the use of
which is facilities by Jarvish Host.
Governing Law and Disputes
27.1. This agreement shall be governed by the
laws of the Federal Republic of India, exclusive of its choice of law
principles, and the laws of the United States of America, as applicable.
Exclusive venue for all disputes arising out of or relating to this Agreement
shall be the state and federal courts in Madhya Pradesh State, India, and each
party agrees not to dispute such personal jurisdiction and waives all
28.1. If any provision of this Agreement is
held to be invalid by a court of competent jurisdiction, then the remaining
provisions shall nevertheless remain in full force and effect. Jarvish Host and
Customer agree to renegotiate any term held invalid and to be bound by mutually
agreed substitute provision.
Changes to the Terms of Service
29.1. Jarvish Host reserves the right to
modify this Agreement, in whole or in part, from time-to-time. Jarvish Host
will provide you with notices of such a change by posting notice on your
control panel. Unless Jarvish Host is required to make a change in an
emergency, any change will be effective thirty (30) days after it is posted. If
such a change materially diminishes your ability to use the Services, you may
terminate this Agreement. You are encouraged to review the content of this
Agreement on a regular basis.
30.1. This Agreement may be assigned by Jarvish
Host. It may not be assigned by you. This Agreement shall bind and inure to the
benefit of the corporate successors and permitted assigns of the parties.
31.1. Except for the obligation to pay monies
due and owing, neither party shall be liable for any delay or failure in
performance due to events outside the defaulting party’s reasonable control,
including, without limitation, acts of God, earthquake, labor disputes,
shortages of supplies, riots, war, fire, epidemics, failure of
telecommunication carriers, or delays of common carriers or other circumstances
beyond its reasonable control. The obligations and rights of the excused party
shall be extended on a day-to-day basis for the time period equal to the period
of the excusable delay. The party affected by such an occurrence shall notify
the other party as soon as possible but in no event less than ten (15) days
from the beginning of the event.
32.1. No waiver of rights under this Agreement
or any Jarvish Host policy, or agreement between Customer and Jarvish Host
shall constitute a subsequent waiver of this or any other right under this
33.1. This Agreement does not create any
agency, partnership, joint venture, or franchise relationship. Neither party
has the right or authority to, and shall not, assume or create any obligation
of any nature whatsoever on behalf of the other party or bind the other party
in any respect whatsoever.
34.1. The following paragraphs shall survive
the termination of this Agreement: 19, 25 through 28, and 34.
35.1. Jarvish Host does not sell, share or
lease any information given to Jarvish Host by an individual or entity subject
received will only be used to full fill your order.
information provided to Jarvish Host. Jarvish Host services may incorporate
products provided by third parties (Third Party Products). To the extent this
incorporation is transparent to Jarvish Host’s customers, the privacy policies
of the providers of Third Party Products have been incorporated into this
Product, or incorporates it into Jarvish Host’s services on its own, those
customer’s obligation to determine how the privacy policies of Third Party
of their End Users.
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