1. OVERVIEW

This Terms of Service Agreement (this "Agreement") is entered into by and between "Ghosting Tec PTY. LTD." (after this referred to as GHOSTING TEC PTY LTD. .) and "You" and is made effective as of the date of electronic acceptance.

This agreement sets forth the general terms and conditions of your use of Ghosting WebTech PVT. LTD. services ("Services") purchased or accessed through the GHOSTING TEC PTY LTD. . website (this "Site"). It is in addition to (not instead of) any specific terms and conditions that apply to the particular services you purchase or access through GHOSTING TEC PTY LTD. ..

Your electronic acceptance of this agreement signifies that you have read, understand, acknowledge, and agree to be bound by this agreement, along with the following policies and agreements, which are incorporated herein by reference:

2. ELIGIBILITY AUTHORITY

This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this site or the Services found at this site, you represent and warrant that you are:-

• (i) at least 18 years of age and
• (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

Suppose you are entering into this agreement on behalf of a corporate entity. In that case, you represent and warrant that you have the legal authority to bind the such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you", "your", "User," or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, GHOSTING TEC PTY LTD. . finds that you do not have the legal authority to bind the such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. GHOSTING TEC PTY LTD. . shall not be liable for any loss or damage resulting from GHOSTING TEC PTY LTD. .'s reliance on any instruction, notice document, or communication reasonably believed by Ghosting WebTech PVT. LTD. to be genuine and originating from an authorized representative of your corporate entity if there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, GHOSTING TEC PTY LTD. . reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS

To access some of the features of this site or use some of the services found, you will have to create an account. You represent and warrant to GHOSTING TEC PTY LTD. . that all information you submit when you start your report is accurate, current, and complete and that you will keep your account information current and done. Suppose GHOSTING TEC PTY LTD. . believes your account information is untrue, inaccurate, out-of-date, or incomplete. In its sole and absolute discretion, GHOSTING TEC PTY LTD. . reserves the right to suspend or terminate your account. You are solely responsible for the activity on your account, whether authorized by you or not, and you must keep your account information secure, including your customer number/login, password, and payment method(s), without limitation. For security purposes, Ghosting WebTech PVT. LTD. recommends changing your password at least once every six (6) months for each account you have with GHOSTING TEC PTY LTD. .. You must notify GHOSTING TEC PTY LTD. . immediately of any security breach or unauthorized use of your account. GHOSTING TEC PTY LTD. . will not be liable for any loss you may incur due to unauthorized use of your account. You, however, may be responsible for any loss incurred by GHOSTING TEC PTY LTD. . or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.

• The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; the name of an authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association, or corporation
• A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update the information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Ghosting WebTech PVT. LTD. concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and cancellation of the Registered Name registration.
• Any registered name holder that intends to license the use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its complete contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
• The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor how it is directly or indirectly used infringes the legal rights of any third party.
• 3.5 For the adjudication of disputes concerning or arising from the use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
• The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer according to any Specification or Policy, or under any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
• The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.

4. RULES OF CONDUCT

You agree not to host, display, upload, modify, publish, transmit, update or share any information that —

• Belongs to another person and to which the user does not have any right to unless you have written consent from the owner of the copyrighted material;
• Is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• Harm minors in any way;
• Infringes any patent, trademark, copyright, or other proprietary rights;
• Violates any law for the time being in force;
• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
• Impersonate another person;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense insulting any other nation.

  Further, you acknowledge and agree that:

  – Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules, and regulations.

  – You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.

  – You will not use this site or the services found at this site in a manner (as determined by GHOSTING TEC PTY LTD. . in its sole and absolute discretion) that:

  1. Is illegal, or promotes or encourages illegal activity;
  2. Promotes encourages, or engages in child pornography or the exploitation of children;
  3. Promotes, encourages, or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  4. Promotes, encourages, or engages in any spam or other unsolicited bulk e-mails, or computer or network hacking or cracking;
  5. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  6. Interferes with the operation of this site or the Services found at this site;
  7. Contains false or deceptive language or unsubstantiated or comparative claims regarding GHOSTING TEC PTY LTD. . or GHOSTING TEC PTY LTD. .'s Services.

  – You agree to back up all of your User Content so that you can access and use it when needed. GHOSTING TEC PTY LTD. . does not warrant that it backs up any Account or User Content, and you agree to accept the loss of any of your User Content as a risk.

  – You will not use this Site or the Services found at this site, including any of GHOSTING TEC PTY LTD. .s related technologies, for any commercial use without GHOSTING TEC PTY LTD. .'s express prior written consent.

  GHOSTING TEC PTY LTD. . reserves the right to modify, change or discontinue any aspect of this site or the Services found at this site, including without limitation prices and fees for the same, at any time.

• Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any of our employees, support staff, or its Authorised Users will result in immediate Account termination.

No refund will be processed if you violate the above "Rule of Conduct".

5. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY

GHOSTING TEC PTY LTD. . generally does not pre-screen User Content (whether posted to a website hosted by GHOSTING TEC PTY LTD. . or posted to this site). However, Ghosting WebTech PVT. LTD. reserves the right (but undertakes no duty) to decide whether any User Content item is appropriate and complies with this agreement. GHOSTING TEC PTY LTD. . may remove any item of User Content (whether posted to a website hosted by GHOSTING TEC PTY LTD. . or posted to this site) and terminate a User's access to this Site or the Services found at this site for posting or publishing any material in violation of this agreement, or for otherwise violating this agreement (as determined by GHOSTING TEC PTY LTD. . in its sole and absolute discretion), at any time and without prior notice. GHOSTING TEC PTY LTD. . may also terminate a User's access to this Site or the Services found at this Site if GHOSTING TEC PTY LTD. . has reason to believe the user is a repeat offender. If GHOSTING TEC PTY LTD. . terminates your access to this Site or the Services found at this Site, GHOSTING TEC PTY LTD. . may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

6. ADDITIONAL RESERVATION OF RIGHTS

GHOSTING TEC PTY LTD. . expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Ghosting WebTech PVT. LTD. in its sole and absolute discretion), including but not limited to the following:

1. Correct mistakes by GHOSTING TEC PTY LTD. . in offering or delivering services (including any domain name registration).
2. To protect the integrity and stability of and correct mistakes made by any domain name registry.
3. To assist with fraud and abuse detection and prevention efforts.
4. To comply with applicable local, state, national and international laws, rules, and regulations.
5. To comply with requests of law enforcement, including subpoena requests.
6. To comply with any dispute resolution process.
7. To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
8. To avoid any civil or criminal liability on the part of GHOSTING TEC PTY LTD. ., its officers, directors, employees, and agents, as well as GHOSTING TEC PTY LTD. .'s affiliates.

GHOSTING TEC PTY LTD. . reserves the right to review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those Accounts that exceed allowed levels.

GHOSTING TEC PTY LTD. . reserves the right to terminate or suspend accounts of its customers/ resellers due to nonpayment of any pending invoices in their name.

7. NO SPAM POLICY

It sends unsolicited bulk and commercial messages over the Internet (known as "spamming"). It is harmful because of its negative impact on consumer attitudes toward GHOSTING TEC PTY LTD. . and because it can overload GHOSTING TEC PTY LTD. .'s network and disrupt service to Ghosting WebTech PVT. LTD.'s subscribers. Also, maintaining an open SMTP relay is prohibited. In such cases, Refund will not be provided.

8. SERVICE LEVEL AGREEMENT

GHOSTING TEC PTY LTD. . is committed to providing a standard of excellence commensurate with the best practices in our Services industry. During the Term of the applicable Master's Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.

Circumstances beyond GHOSTING TEC PTY LTD. .'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts);

Attacks by viruses or hackers, including Distributed Denial of Service (DDoS), attacks against GHOSTING TEC PTY LTD. . network;

Scheduled maintenance and system upgrades or emergency maintenance;

Any DNS or Domain Name Registry issues outside the direct control of GHOSTING TEC PTY LTD. ., including DNS and Registry propagation issues and expiration;

Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the customer's account in breach of Ghosting WebTech PVT. LTD. Terms and Conditions and Acceptable Use Policy;

Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;

Delays in e-mail delivery;

False SLA breaches reported as a result of outages or errors of any GHOSTING TEC PTY LTD. . measurement system;

Outages elsewhere on the Internet that hinder access to your account. GHOSTING TEC PTY LTD. . is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.

Customers must request credit by contacting the CRM team using https://www.https://ghosting.net.au/escalation/. Each request in connection with this SLA must include the following customer name, username, domain, and date/time.

GHOSTING TEC PTY LTD. . must receive a credit request within 30 working days at the time of unavailability of the relevant service. If GHOSTING TEC PTY LTD. . confirms the unavailability, credits will be applied within 30 days of GHOSTING TEC PTY LTD. .'s receipt of the customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to the customer in a particular month under this SLA shall not exceed the full fee paid by the customer for such month for the affected service (s). Lastly, Credits are not refundable and can be used only towards future billing charges.

9. Retention & Backup Policy & Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. GHOSTING TEC PTY LTD. . performs backups of shared servers; however, these backups are for GHOSTING TEC PTY LTD. .'s administrative purposes only and are in NO WAY GUARANTEED! Customers are responsible for maintaining their backups on their personal computers or third-party backup service providers. GHOSTING TEC PTY LTD. . does not provide compensation for lost or incomplete data if backups do not function properly (even if the malfunction was due to negligence on GHOSTING TEC PTY LTD. .'s part). We will do our best to ensure complete and accurate backups but assume no responsibility for this duty. Always back up your site contents to your personal computer or third-party server! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and maintain all appropriate backups stored on GHOSTING TEC PTY LTD. . servers.

The system logs of the servers would be retained as a backup in our server for at least 1 (one) month from the date of its creation. And otherwise, also, we may include such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or make available the information to the enforcement agencies, in case of any specific requests received under the law of the land.

But in case of exceptional circumstances, it cannot be assured that we will always have a backup available with us at all times. Further, as a GHOSTING TEC PTY LTD. . user, you agree that in no case can GHOSTING TEC PTY LTD. . be held responsible for data loss in any circumstances.

10. TRADEMARK AND COPYRIGHT CLAIMS

GHOSTING TEC PTY LTD. . supports the protection of intellectual property. Further:

1. Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity or does not publish any illegal content while using services under this agreement.
2. Customer acknowledges that GHOSTING TEC PTY LTD. . cannot and does not check to see whether any services or the use of the services by the reseller under this agreement infringes the legal rights of others.
3. Unless you have been expressly permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
4. In case of any notice received under DMCA or otherwise for Intellectual Property violation. GHOSTING TEC PTY LTD. . reserves the right to remove the content with or without issuing any notice to the customer, depending upon the seriousness of the matter.

If you would like to submit
(i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or
(ii) a copyright claim for material on which you hold a bona fide copyright, don't hesitate to get in touch with us at the address mentioned in Electronic Communications / Notices of this agreement.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this site may contain links to third-party websites not owned or controlled by GHOSTING TEC PTY LTD. .. GHOSTING TEC PTY LTD. . assumes no responsibility for any third-party websites' content, terms, and conditions, privacy policies, or practices. In addition, GHOSTING TEC PTY LTD. . does not censor or edit the content of any third-party websites. By using this site or the Services found at this site, you expressly release GHOSTING TEC PTY LTD. . from any liability arising from your use of any third-party website. Accordingly, GHOSTING TEC PTY LTD. . encourages you to be aware when you leave this Site or the Services found at this site and to review the terms and conditions, privacy policies, and other governing documents of each other websites that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE," AND "WITH ALL FAULTS. " GHOSTING TEC PTY LTD. ., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GHOSTING TEC PTY LTD. ., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND GHOSTING TEC PTY LTD. . ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GHOSTING TEC PTY LTD. ., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL
(I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR
(II) CREATE A WARRANTY OF ANY KIND CONCERNING THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE PRECEDING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THE SITE.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL

SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THE SITE. ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM

• THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
• THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
• THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
• THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
• ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
• ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND
• ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT

SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT, OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THE SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Ghosting WebTech PVT. LTD.'s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.

THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IT SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THE SITE.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless GHOSTING TEC PTY LTD. . and its officers, directors, employees, and agents from and against all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including without limitation, reasonable attorneys' fees) imposed upon or incurred by GHOSTING TEC PTY LTD. . directly or indirectly arising from (i) your use of and access to this Site or the Services found at this site; (ii) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this agreement, your use of this site, or the Services found at this site.

All GHOSTING TEC PTY LTD. . accounts may have licenses from an independent Third Party Services Vendor ("TPSV"). GHOSTING TEC PTY LTD. . is not responsible for the actions or inaction of the TPSV or the unavailability or malfunction of their network or services.

15. FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused because of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, earthquakes, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period equal to that of the underlying cause of the delay.

16. FEES AND PAYMENTS

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep all of Subscriber's billing information, e-mail, and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.

Automatic Renewal of Account:

As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days before the expiration of Subscriber's Account or Domain(s), GHOSTING TEC PTY LTD. . will automatically renew Subscriber's Account for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber's current method of payment on file. The domain registration voucher is only helpful if the Subscriber maintains a qualifying plan.

Automatic Renewal of Domain(s): As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days before the expiration of Subscriber's domain, if registered with GHOSTING TEC PTY LTD. . (or one of its Affiliates), or if transferred to and registered with GHOSTING TEC PTY LTD. . (or one of its Affiliates), GHOSTING TEC PTY LTD. . will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to continue his/her/its domain (s) is solely and exclusively the responsibility of the Subscriber and is not the obligation (contractual or otherwise) of GHOSTING TEC PTY LTD. .. Subscriber as a result of this, releases Ghosting WebTech PVT. LTD. from any liability for failure for any reason to renew said account or said domain (s). Subscriber acknowledges that there may be many reasons why Ghosting WebTech PVT. LTD. is unable to renew said Account or Domain, including but not limited to the inability of GHOSTING TEC PTY LTD. ., for any cause, to bill said renewal to Subscriber's method of payment on file, to contact, or otherwise get a response from Subscriber at the e-mail address on file, or otherwise. Subscriber acknowledges that said Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. If a Domain expires, GHOSTING TEC PTY LTD. . will hold the expired domain for up to 3 days as a courtesy and not as an obligation (contractual or otherwise). Three days after expiration, the domain will be placed in Redemption. During the Redemption period, the domain will be inaccessible and unable to be registered elsewhere. To bring a Domain out of Redemption, the Subscriber must pay a Redemption Fee and a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption.

Cancellation of Automatic Renewal of Account or Domain: Subscriber agrees to notify GHOSTING TEC PTY LTD. . of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days before the account or domain expiration date by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to GHOSTING TEC PTY LTD. ., as applicable, by sending same via e-mail or phone. This request must include verification of ownership of the account and/or domain(s), as determined by GHOSTING TEC PTY LTD. .

Nonrefundable Fees:

Fees paid by the Subscriber in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable.

Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal. There will not be any refund given for the amount already paid.

Notice of Cancellation: Subscriber agrees to direct all cancellation requests to GHOSTING TEC PTY LTD. . via e-mail. The cancellation request must include verification of ownership of the account and/or domain(s), as determined by GHOSTING TEC PTY LTD. . Subscriber must also confirm to Ghosting WebTech PVT. LTD. that all e-mails, files, and databases are preserved and backed up somewhere other than GHOSTING TEC PTY LTD. . server space.

30 Days Money back policy: We provide 30 days money-back guarantee for our service. The following methods of payments are non-refundable, and refunds will be posted as a credit to the account:

• " Bank Wire Transfers
• " Western Union Payments
• " Checks
• " Money orders

There are no refunds on domain registration, other services, administrative fees, or installation fees.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled, and signed up again, you will not qualify for a refund or have opened a second account with us.

We will refund your money ONLY if you have any technical issues with our services.
No refund will be made if your service (s) are suspended or terminated.
Due to services, your refund request must be justified with a valid technical issue.
If you request a refund after 30 days, Your refund request cannot be processed.
No Refund is applicable on the monthly plans purchased.
We do not refund when customers host illegal content such as copyrighted mp3 or video files. We do not allow hosting illegal content such as mp3, video, or audio files without proper copyrights.
No refund will be made if your service (s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Overuse) or terminated.

Change in GSTIN No. :

If the customer wishes to correct or change his GSTIN number submitted for the paid invoice, he can do so within 7 days from the payment date. The new GSTIN number can be submitted via the Client Portal Area.

17. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall confer any third-party rights or benefits.

18. COMPLIANCE WITH LOCAL LAWS

GHOSTING TEC PTY LTD. . makes no representation or warranty that the content available on this Site or the Services found at this site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this site are responsible for compliance with all local laws, rules, and regulations.

19. GOVERNING LAW;

The customer agrees to use the service in compliance with applicable law and this agreement and the annexed documents, particularly the Acceptable Use Policy (the "AUP"), which is incorporated by reference in this agreement. Further:

• The laws of India shall govern the Terms of Agreement and the relationship between you and us. The Courts of law in Bangalore, India, shall have exclusive jurisdiction over any disputes arising under this agreement or other related issues arising from the use of this site or associated services. Our failure to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision.
• If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and agree that the other provisions of the agreement remain in full force and effect.
• Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the service or the agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
• Customers/Visitors who visit these websites from other jurisdictions do so on their initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material, and services contained herein.

20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this agreement are for convenience and ease of reference only. They shall not be utilized to construe or interpret the understanding of the parties as otherwise set forth herein. Each covenant and agreement in this agreement shall be construed as a separate and independent covenant or agreement. Suppose a court of competent jurisdiction holds any provision (or portion of a condition) of this agreement to be illegal, invalid, or otherwise unenforceable. In that case, the remaining provisions (or parts of requirements) of this agreement shall not be affected. They shall be found to be valid and enforceable to the fullest extent permitted by law.

21. DOMAIN RENEWAL

Domain renewal notices are provided as a courtesy reminder, and GHOSTING TEC PTY LTD. . is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. It is the client's responsibility to verify whether the domain renewal is successful, and rarely under unfortunate circumstances, domain renewal may not happen due to software error, network error, or any other unknown technical reasons. If there is any issue in domain renewal, a client should get back to GHOSTING TEC PTY LTD. . within 7 working days. The client should update the support team by raising a ticket to the support team & [e-mail protected] to rectify the problem.

GHOSTING TEC PTY LTD. . accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid e-mail address, late payments received, or technical faults beyond our control.

22. DOMAIN REGISTRATION

It is the client's responsibility to verify whether the domain registration is successful, and rarely under unfortunate circumstances, domain registration may not happen due to software error, network error, or any other unknown technical reasons. If there is any issue in domain registration, the client should get back to GHOSTING TEC PTY LTD. . within 7 working days. The client should update the support team by raising a ticket to the support team & [e-mail protected] to rectify the problem.
GHOSTING TEC PTY LTD. . accepts no liability for the loss of any domain that has failed to register due to a piece of invalid/insufficient information, late payments received, or technical faults beyond our control.

23. GRIEVANCE OFFICER

GHOSTING TEC PTY LTD. . shall address users' grievances, whether registered or not, concerning the website content or any other aspects connected in a time-bound manner. For this purpose, GHOSTING TEC PTY LTD. . has designated the following person as Grievance Officer in terms of the Information Technology Act 2000:

Customer Relation Offer
GHOSTING TEC PTY LTD. .
E-mail: [e-mail protected]
The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in the Information Technology Law.

24. Electronic Communications / Notices

• Any notice or other communication required or permitted to be delivered to Ghosting WebTech PVT. LTD. under this agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made before 18:00 hours local time, and otherwise on the next Business Day.
• When you visit the site or send e-mails, you communicate with us electronically. You consent to receive communications from us electronically. We will share with you by e-mail or posting notices on the site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by raising a ticket to the support team and [e-mail protected]
• All official / legal communications and correspondences with GHOSTING TEC PTY LTD. . must be done in English. Any post received in any language other than English will not be permissible, and no legal action can be taken against GHOSTING TEC PTY LTD. . in such scenarios.

Third-Party Legal Actions: Our policy is to respond reasonably promptly to subpoenas and other legal processes served on GHOSTING TEC PTY LTD. . that seek information, documents, or other business records. Third parties wishing to perform such a process may do so in writing to the following address:

GHOSTING TEC PTY LTD. .
Legal Department
# GHOSTING TEC PTY LTD. .
INDIA
Otherwise, if you have any questions about this agreement, please get in touch with us at the above address.

25. Your Responsibilities

Your responsibility is to comply with applicable laws and obligations for the services used. In addition, You are responsible for the security of your website/content/images/files/anything stored on the server under your account, maintaining a backup of your content, and immediately removing malware/virus/malicious files.

The user is primarily responsible for the security of their account and its content, maintaining a backup of their content, and removing any malware or hacking components from their account. The user must comply with the applicable law and have specific responsibilities concerning their use of the services. The user is liable for securing their Username and Password. Ghosting WebTech PVT. LTD. is not responsible for any issues/problems that occur due to malware/hacking, even under managed support.

26. PRICE CHANGE

We reserve the right to change prices and increase/decrease the number of resources given to plans at any time, with or without notice.

All GHOSTING TEC PTY LTD. . accounts may have licenses from an independent Third Party Services Vendor ("TPSV"). The customer also agrees that GHOSTING TEC PTY LTD. . is not responsible for any price change done by the TPSV and acknowledges that any such price change may apply to the customer too at any time during the active service period. Ghosting WebTech PVT. LTD. is not a party to, and shall not be involved in or responsible for, transactions, agreements, and disputes between the customer and the TPSV ("TPSV Dispute"). In the event of a TPSV Dispute, the customer at this moment releases GHOSTING TEC PTY LTD. . (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.

27. Administrative access

GHOSTING TEC PTY LTD. . reserves the right to reset the password on a server/website if the password on file is not current so that we may do security audits or corrections as required by our data center/other authorities. It is the client's responsibility to ensure that there is a valid e-mail address and current root password on file for their server to prevent downtime from forced password reset. GHOSTING TEC PTY LTD. . reserves the right to audit servers and perform administrative actions as needed. In some critical conditions, Ghosting WebTech PVT. LTD. will access/modify/do the necessary step on your website/server without your permission.

28. Client's Responsibility for Legal Expenses incurred by GHOSTING TEC PTY LTD. .:

In the event of legal proceedings initiated against GHOSTING TEC PTY LTD. . on account of hosting the client's website/e-mail/files/servers, the client agrees to pay/ reimburse Ghosting WebTech PVT. LTD. ( GHOSTING TEC PTY LTD. . ) all such amounts, including and yet not limited to lawyer fees, transportation fees, court fees, cost of business loss, inconvenience fee, etc. about the legal proceedings involving the client's account with GHOSTING TEC PTY LTD. .

29. VPN (Virtual Private Network) is strictly prohibited

In the wake of increased regulations against VPNs ( Virtual Private Networks), our servers/services for VPN (Virtual Private networks) are strictly prohibited. Ghosting WebTech PVT. LTD. reserves the right to take necessary action in the form of suspension or termination of accounts/ servers without REFUND if we find the customers using the plans purchased for creating VPNs.

30. Cloud/Backup Storage

The customer's primary responsibility is to take backup of cloud or backup storage products offered by GHOSTING TEC PTY LTD. .. We offer cloud/backup storage products without any backup guarantee, and it does not support data recovery in case of unforeseen events/issues. Backup services are provided at an additional cost if opted by the customer. In the absence of this addon in the customer's purchase plan, the backup storage will not be available.

31. OTHERS

• Your account & data will not be available on failure to renew the service on time. The system will automatically delete your data if you fail to renew on time.
• Domain registration is subject to the domain name's availability at the registration time.
• GHOSTING TEC PTY LTD. . cannot be held responsible for any domain or website transfer failure from other service providers. When transferring a domain from other service providers, under some situations, it may not be technically possible to move it successfully due to the wrong EPP code or to block the domain by another service provider or any other reasons, and the user understands that it is their responsibility to ensure that the domain is renewed with other service provider or transferred to GHOSTING TEC PTY LTD. . successfully.
• GHOSTING TEC PTY LTD. . provides dedicated servers based on virtualized environments such as VMWare or KVM to provide quality service and uptime. Read more at https://help.Ghosting WebTech PVT. LTD./server-help/why-smart-server-is-best-compared-to-others.
• Inode limit – A customer can use the total number of an inode based on the plan, What you have chosen and paid for. The inode limits per plan are available in the https://help.GHOSTING TEC PTY LTD. ./basic/inode or https://help.Ghosting WebTech PVT. LTD.. Please refer to the respective pages for the same.
• All suspended accounts, including reseller's accounts/website, will be terminated. It is the responsibility of resellers or clients to take the backup before suspending.
• KYC/Mobile Verification

GHOSTING TEC PTY LTD. . reserves the right to suspend your website if KYC or mobile number verification is pending for more than 24 hours.