Domain Registrations

Domains registered through GoanWap Pro are subject to the Domain Registration Agreement located at
http://www.goanwap.net/domain_registrant_agreement.htm

Hosting Usage Policy & Terms of Service

• No Spamming (unsolicited bulk email) allowed
• No material that provides sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, weapons, pirated materials, instructions on making, assembling or obtaining illegal goods or weapons to attack others. Information used to break, copyright, violate the trademark of or to destroy others property or information. Information used to illegally harm any people or animals. We do not allow pornography, nudity, sexual products, programs or services. Escort services are not allowed or other content deemed adult related.
• Foul language and profanity in the site content, and in the domain name are prohibited.
• All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
• GoanWap Pro reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
• You must retain accurate contact information to avoid having your account terminated.
• You agree that GoanWap Pro may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
• If you terminate your contract prior to its term, you may be disqualified from the free domain registration promotion.
• If you discover anyone on our system violating any of these terms or notice anything suspicious from our network, report it at abuse@goanwap.biz for investigation. We will immediately terminate any account we feel has been in violation of any of these terms.
• We provide a 30 day money back guarantee for hosting accounts. However, if you register a new domain name with your account and choose to cancel after three days of service, The cost of the domain will be deducted from the refund . You will maintain full ownership of the new domain after you have canceled your hosting with us.
• GoanWap Pro reserves the right to refuse service to anyone for any reason.

Although we are a global web hosting service provider, all our Customers must be in accordance with U.S. Federal, State and local laws. Ultimately you, the customer, are solely responsible for the content stored on your Hosting account.

GoanWap Pro demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. GoanWap Pro will never violate that trust.

GoanWap Pro Will Not Sell Your Personal Information
GoanWap Pro keeps all your information confidential.

The undersigned (’Customer’) and GoanWap Pro mutually agrees as follows:

1. In the event that the Customer issues a chargeback or reversal of charges without first following the above cancellation policy, Customer will be responsible for a Rs. 500 INR billing service fee.

2. In the event Customer is a corporation, partnership, limited liability, joint venture, other business entity or group of individuals, the individual signing up for account hosting services certifies that he/she has the authority to bind the corporation, partners, joint venture or individuals in this manner.

Minors

Users may not post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).

You must be 18 years old to establish an account for paid Services, and you represent that you are at least 18 years old by registering for such Services. Parents may obtain an account for the Services for minors, and by doing so, consent to such minor.s use of such Services. Parents assume full responsibility and liability associated with a minor's use of any of the Services.

Client Content, Backups and Data Loss

The Backup service provided by GoanWap Pro is a Courtesy service and GoanWap Pro assumes no liability for the same.

GoanWap Pro assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at GoanWap Pro .

GoanWap Pro assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.

Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on GoanWap Pro Servers, or of any database maintained on any server operated by GoanWap Pro in the event GoanWap Pro is unable to restore customer content from tape backup.

AT NO TIME SHALL GOANWAP PRO ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. GoanWap Pro shall not be liable for any breach of security caused by Customer or third parties.

Mail Services

GoanWap Pro mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.

Web based e-mail is provided by GoanWap Pro for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. Customers store their e-mail on GoanWap Pro servers at their own risk. POP / IMAP Mail services are not to be used to transfer system backups or disk images.

Bandwidth Usage

GoanWap Pro reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by GoanWap Pro will have all the website blocked for the given month. As the bandwidth is provided per month basis the sites will be unblocked on the 1^st next month.

Headings

Headings in this Agreement are for convenience only and shall NOT be used to interpret or construe these provisions.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify GoanWap Pro via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal

Customer's failure to properly notify GoanWap Pro of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. GoanWap Pro current Terms and Conditions may be viewed at http://www.goanwap.biz/tos.html

We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.

Violations of Intellectual Property Rights

Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. GoanWap Pro is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

Spamming

Spamming, whether or not it overloads the Services or disrupts service to GoanWap Pro's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. GoanWap Pro reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.

Misrepresentation of Transmission Information

Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.

Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hacking

"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Anonymous Proxies

We do not allow the use of anonymous proxy scripts on our servers. They can be very abusive to the server resources, affecting all users on that server.

Child Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. GoanWap Pro is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities

The use of the Services to engage in any activities that are determined by GoanWap Pro, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. GoanWap Pro will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Backup Storage

GoanWap Pro Web Hosting intends to offer services to host web sites, not store data. Using an account as an online storage space for archiving electronic files is prohibited.

Other Activities

Engaging in any activity that, in GoanWap Pro's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, GoanWap Pro's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of GoanWap Pro's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with GoanWap Pro in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.

In general, GoanWap Pro does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when GoanWap Pro becomes aware of any violation of this Usage Policy or its User Agreement, GoanWap Pro may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, GoanWap Pro may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. GoanWap Pro reserves the right to take any such action even though such action may affect other customers of the Subscriber.

GoanWap Pro may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect GoanWap Pro or others from harm, and/or to ensure the proper operation of the Services. GoanWap Pro has no obligation to notify any person, including the Subscriber about whom information is sought, that GoanWap Pro has provided the information.

Copyright Notice Infringement Information

In accordance with the Digital Millennium Copyright Act, GoanWap Pro has adopted a policy that provides for termination of websites hosted by GoanWap Pro that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by GoanWap Pro or its subsidiaries, and the copyright holder wants GoanWap Pro to remove the website or disable the material in question, GoanWap Pro will remove the website or disable the material if the copyright holder provides us with all of the following information:

1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Termination

Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit GoanWap Pro's right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

In the event that GoanWap Pro elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.

In the event that GoanWap Pro elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

GoanWap Pro reserves the right to terminate any customer without prior notice and without assigning any reason.

All Customers acknowledge that Domain Registration Fees and/or Setup Fees, if any, are Not Refundable.
 

Warranty Disclaimer.

YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. GOANWAP PRO HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY GOANWAP PRO OR GOANWAP PRO’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. GOANWAP PRO DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. GOANWAP PRO DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. GOANWAP PRO DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR GOANWAP PRO IN PARTICULAR.
 

Limitation of GoanWap Pro Liability.

GOANWAP PRO SHALL NOT BE LIABLE FOR NON PERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL GOANWAP PRO BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT GOANWAP PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. GOANWAP PRO SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. GOANWAP PRO’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL GOANWAP PRO LIABILITY TO YOU EXCEED THE GREATER OF FIFTY INDIAN NATIONAL RUPEES ( Rs 50.00 INR) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO GOANWAP PRO FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR GOANWAP PRO MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, GOANWAP PRO’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification of GoanWap Pro.

You agree to defend, indemnify and hold GoanWap Pro, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from GoaWap Pro’s own negligence. GoaWap Pro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for GoaWap Pro in that matter.

IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.

Changes to the Rules and Services Apply to You.

You may review the most current version of the Rules at the Site at http://www.goanwap.biz/tos.html. GoanWap Pro may change the Rules or change the scope of the Services, in whole or in part, at any time at GoanWap Pro’s sole discretion. Posting of such changed Rules on the Site shall constitute notice of such changes to you. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.