Domain Name Policy
Domains Terms and Conditions
In this Service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, us” and “our” refer to Pugmarks Hosting OR Pugmarks Intercloud LLP (hereinafter referred as “Pugmarks”) and Services refers to the services provided by Pugmarks Hosting.
This Agreement explains our obligations to you, and explains your obligations to us for various Services.
Domain Name Selection
Pugmarks Hosting does not check to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us. We do not register abusive domain names.
We will register your domain name in .com, .net and .org extensions. For the registration of the domains with other extensions, you will contact the registrar directly. However, we reserve the right to register the domains with other extensions on special occasions. But, we are not liable to register the domains in other extensions except .com, .net and .org
Fees, Payment and Term
You agree to pay us prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Pugmarks Hosting price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. Pugmarks Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, as its sole discretion.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by Pugmarks Hosting) or dishonor of cheque/demand draft or non-payment in any other form in connection with the payments of the registration, renewal or registrar transfer fee, you agree and acknowledge that the domain name registration shall be transferred to Pugmarks Hosting as paying entity for that registration to the registry and that we reserve all rights regarding such domain name available to other parties for purchase. You also agree that once a domain registered as per your request and you find that the domain name has been registered wrongly, we will not refund or registered another domain name in lieu of that domain. You will have to pay us the applicable charges for new domain registration. But if the domain is registered wrongly by Pugmarks Hosting, we will register the correct domain without any cost and the wrong domain name will be shifted in the name of Pugmarks Hosting and Pugmarks Hosting reserves the right to make it available or put it for sale for other persons at its sole discretion.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by Pugmarks Hosting) or dishonor of cheque/demand draft or non-payment in any other form in connection with the payments of the registration, renewal or registrar transfer fee, you agree and acknowledge that the domain name registration shall be transferred to Pugmarks Hosting as paying entity for that registration to the registry and that we reserve all rights regarding such domain name available to other parties for purchase. You also agree that once a domain registered as per your request and you find that the domain name has been registered wrongly, we will not refund or register another domain name in lieu of that domain. You will have to pay us the applicable charges for new domain registration. But if the domain is registered wrongly by Pugmarks Hosting, we will register the correct domain without any cost and the wrong domain name will be shifted in the name of Pugmarks Hosting and Pugmarks Hosting reserves the right to make it available or put it for sale for other persons at its sole discretion.
Pugmarks Hosting serves the right to charge higher fees in case of renewal of an expired domain name, for any reasons whatsoever.
All the payments are to be made by Demand Draft/Check in favor of Pugmarks Hosting OR Pugmarks Intercloud LLP payable at Chandigarh. You can also make the payment online.
Along with the payment, you will provide us the complete domain registration details required to register a domain name. The domain registration details mean the complete details of the Registrant, Admin and Billing contact. In case if the complete domain registration details are not provided by you, we will not register your domain name. And at the time of providing the complete registration details, if your domain is registered by another person, we will not be responsible for the same. In such event, you can either provide us another domain name option or we will refund your money, net of bank charges, if any. You also acknowledge and agree that Pugmarks Hosting cannot guarantee that you will be able to register or renew a desired domain name even if any inquiry indicates that domain name is available, since Pugmarks Hosting cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS database. You further agree that Pugmarks Hosting may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.
Domain Name can be applied for a period of 1 to 10 years from the date of registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration.
Pugmarks Hosting will try to notify you prior to the expiry of your domain. We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment. The payment for renewal must be received at least 15 days prior to the date of expiry in order to avoid the release of the domain and being taken by someone else. Pugmarks Hosting will not be responsible if the domain is released by the registrar due to non-renewal payment or whatever reasons applicable.
In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as ” intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously”.
Discontinuance of service by Pugmarks Hosting due to non-payment of dues or any other reason attributable to you does not amount to Hacking.
Domain Modifications
The following points will be considered while changing registrant, Admin, billing and technical contact or name server details of your domain records.
i) If your domain is registered with networksolutions.com and a request for change in the registrant contact details is to be filed, you and another party, in whose name the registrant’s contact details are to be changed, will contact the networksolutions.com directly and will agree and acknowledge the terms and conditions mentioned on the registrar’s site. Pugmarks Hosting will neither act as a mediator nor will come into the picture.
ii) If Pugmarks Hosting has account password through which the bulk domains have been registered or has a domain manage password which it cannot provide to you due to security or whatever reasons applicable, in this case you (registrant of the domain) will fax us the domain modification request on your company’s letterhead duly signed by the CEO or Vice-President.
iii) If any payment is pending for the service purchased from Pugmarks Hosting, you will have to first clear all dues to Pugmarks Hosting before shifting out your domain name.
iv) If your domain has been registered by your agent/previous ISP who has put the details of his domain in his/their name and you want to change the domain contact details in your name, please contact your agent/previous ISP and sort out the issues on your own. You agree to indemnify us if a dispute arises between you and your agent/previous ISP.
v) As a technical contact, Pugmarks Hosting will not acknowledge any domain modification request in case if the admin contacts email ID is no longer valid. In this case, please contact the registrar directly.
vi) If a domain is registered with bulkregister.com or with other registrar and you want to transfer your domain from Pugmarks Hosting Bulkregister.com registrar’s account to your own bulkregister.com account or to other account provided by other registrar, you (registrant of the domain) will send us a fax on your (his) company’s letterhead duly signed by the CEO or Vice-President stating the account number of the registrar where he would like to transfer his domain name.
vii) Pugmarks Hosting can charge certain fee for modification requests as and when it deems fit.
Modifications to Agreement
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail.
You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
Domain Name Dispute Policy
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy (“Dispute Policy”), Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site the modified dispute policy is applicable. http://www.icann.org/dndr/udrp/policy.htm
Domain Name Disputes
You agree that, if the registration or reservation or transfer of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
Agents
You agree that, if an agent for you (i.e., an Internet Service Provider, web design company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.
Announcements
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant’s domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s, hired by you.
Indemnity
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant.
To the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
Breach
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
Governing Law; Dispute Resolution
This Agreement is made under and will be governed by and construed in accordance with the laws of IL USA or India, as applicable. The parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this Agreement. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by arbitration. There will be three (3) arbitrators (the Arbitration Tribunal), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party-appointed arbitrators within thirty (30) days thereafter. The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal. This Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in Chandigarh, India ,as applicable. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre-judgment remedies, and claims for Customer’s failure to pay for Services in accordance with this Agreement may be brought in a court of law over the subject matter and parties.
Domains Terms and Conditions
In this Service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, us” and “our” refer to Pugmarks Hosting OR Pugmarks Intercloud LLP(hereinafter referred as ” Pugmarks Hosting “) and Services refers to the services provided by Pugmarks Hosting.
