Terms of Service Last Updated On Jan 03, 2022
1. The Services
1.1. The following provisions apply to all Services:
1.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
1.1.2. We provide multiple ways for you to purchase our Services: (i) through our website; or (ii) by opening a ticket to purchase additional Services (Ordering Process) (iii) by email. When you place an order for the Services using either of these methods, you agree to purchase the Services selected by you during the Term.
1.1.3. We may decline to accept a request for Service if we determine that we require the facilities for other needs. Should operational needs require us to restrict or allocate Services among customers because of a shortage of facilities or causes beyond our control, we may do so without breaching this TOS. 1.1.4. Unless expressly set out during the Ordering Process, the Services may be provided from any of our facilities. You will have no ownership right in the facilities, or in components of the Services. You will only have the right to use the Services.
1.1.5. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
1.1.6. If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach this TOS. Your End Users are not a third party beneficiary to this TOS, and you agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
1.1.7. We agree to use commercially reasonable efforts to provide Client with the Services according and subject to the terms of this TOS and all agreements incorporated by reference.
1.1.8. You must provide 4CPLUS with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable 4CPLUS to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
1.1.9. All software, hardware and some systems have a defined support lifetime (End of Life). Client may only use software, hardware and systems that are currently supported by their owners, including those that may have initially been provided by 4CPLUS in conjunction with the Services (for example, an operating system on a purchased server). When these items reach their End of Life, it is your responsibility to upgrade to a supported version. 4CPLUS has no responsibility to support End of Life items.
1.1.10. We will provide, at no additional cost to you, one primary IP address by default, which will be subject to change at any time. 4CPLUS shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses; provided, however, that (i) we will provide you with at least thirty days prior written notice of any such change or removal; and (ii) you agree to provide 4CPLUS with all reasonably requested assistance to effect any such change or removal. 4CPLUS is required by ARIN (American Registry for Internet Numbers) to document on a "whois" server which entity is using the IP space. If you are assigned a static IP address, you consent to 4CPLUS's inclusion of your name, company name if a business, postal address, e-mail address, IP address, and telephone number in such "whois" server. 1.1.11. It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.
1.2. The following provisions apply to shared, dedicated and VPS Services:
1.2.1. You have the right to use the Services covered by this paragraph 1.2 to connect to our network, on a 24 x 7 basis, limited by this TOS. You will have no physical access to the equipment used to provide the Services.
1.2.2. The Services covered by this paragraph 1.2 are provided to you on a standard basis. They are not customized for your use. In some cases, they may have the manufacturer's default settings. This means that aspects of your website, or use of them, may not function without additional configuration by you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your site, and any other items you deem necessary to use the Services, must be compatible with them. Unless set out during the Ordering Process, we are not obligated to modify the Services to accommodate your use.
1.2.3. You will ensure that neither you nor any of your End Users make excessive or wasteful use of our network by agreeing to the following:
220.127.116.11. A "Reasonable Use" policy will apply to maintain stable data traffic on shared hosting Services. For the shared hosting Services, this means that if your use of the shared hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the shared hosting Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate this TOS and assess an Early Termination Fee. Shared hosting Services may not be used for instant messaging, chat rooms, or similar activities, nor may they be used for software distribution.
18.104.22.168. Dedicated hosting Services and virtual private server Services (VPS Services) have a set bandwidth allocation applicable to each Service as set out during the Ordering Process. If in any calendar month, you obtain any bandwidth or disk space usage over that basic allocation, then we will charge you its standard overage fee unless specified otherwise during the ordering process.
22.214.171.124. A "Reasonable Use" policy will also apply to data traffic on VPS Services. For VPS Services, this means that if your use of the Web Hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the VPS Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate your use of the VPS Services and assess an Early Termination Fee.
126.96.36.199. Our VPS Services allow you to connect with our network using a portion of a server partitioned in a manner that allows you to have virtual control over all features and aspects of that server, other than certain preset characteristics. While it will appear that you are the only entity using the server, some resources will be shared. You will take no actions to limit the use of the equipment by our other customers or other entities in general. You will not alter, or attempt to alter, mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that our implementation of certain aspects of the VPS Services designed to facilitate use by multiple parties may affect your use and administration of the equipment. You may not terminate this TOS based on our implementation of these features.
188.8.131.52. For dedicated Services your site(s) will be the only site(s) operating on our equipment. This equipment is leased, and not sold to you. You will have no ownership interest in this equipment.
184.108.40.206. Unused bandwidth may not be carried over from month-to-month.
220.127.116.11. On termination or expiration of the Services, we shall be entitled immediately to block your access to the Services and to remove all data located on our equipment. It is your responsibility to download, or otherwise secure possession of, the data prior to the date of termination. If you do not collect it, it may be deleted by us.
1.3. The following provisions apply to colocation Services.
1.3.1. When you purchase colocation Services from us, you are given a license (but not any other property rights) to occupy or use certain space (Space) within a 4CPLUS data center (Facility), as more particularly described during the Ordering Process. You may use the Space to colocate hardware, software and other equipment owned, licensed or leased by you or your designees, and utilized by you to receive the Services (Client-Provided Equipment).
1.3.2. The Facility and the Space
1.3.3. 4CPLUS shall perform such environmental systems and power plant maintenance and janitorial and other services as are reasonably required to maintain the Facility and Space in good condition suitable for the placement of the Client-Provided Equipment. The Space shall be delivered and accepted "as is." The Facility will be monitored twenty-four hours per day, seven days per week, with card key access, and conditioned power using UPS systems with backup power generator capability.
1.3.4. You may occupy the Space and place (at your own expense) Client-Provided Equipment in the Space. You may not sublicense, sublet, rent, sell or otherwise assign or transfer any of your use, occupancy, or other rights in the Space to any third party without our prior written consent, which consent may be withheld in our sole discretion.
1.3.5. Prior to accessing the Space for any purpose, you shall provide 4CPLUS (and shall keep up to date) a list of your employees, agents, and contractors who will be entering the Facility on your behalf (Invitees). Invitees may access the Space at any time upon reasonable advance notice to 4CPLUS, and according to its requirements for appropriate behavior. You are responsible for the acts of your Invitees.
1.3.6. Client-Provided Equipment shall be installed, operated, inspected, maintained, repaired, replaced, and removed (i) only by qualified agents of Client who are properly insured and, if applicable pursuant to standard industry practices, licensed; and (ii) in a safe and workmanlike manner. Prior written notice to 4CPLUS is required to use any loading docks. You shall not permit any liens to be placed against all or any portion of the Facility or any equipment of 4CPLUS.
1.3.7. Alterations you shall not alter the Facility or Space, including cabling and power supplies, without 4CPLUS's prior written consent, which consent may be conditioned on our receipt and approval of your plans and specifications for any such alterations. All fixtures, additions, repairs, build-outs, and other alterations in or to the Space (Fixtures) shall be part of the Facility and you shall not remove such Fixtures unless required by 4CPLUS. Any other removal shall be at your expense. Within fifteen days following the termination or expiration of the colocation Services, you shall remove all of your Client-Provided Equipment from the Facility and shall, at 4CPLUS's request, restore (at your expense) the Space to its condition as of the Effective Date, reasonably wear and tear excepted. If you fail to effect such removal and/or restoration, 4CPLUS may do so at your expense. Any Client-Provided Equipment remaining in the Facility after such a fifteen-day period may, at 4CPLUS's sole discretion, be removed, stored, or disposed of at your expense in any manner 4CPLUS determines, with any proceeds applied to any unpaid amounts owed to 4CPLUS. Exercise of any of the foregoing rights by 4CPLUS shall not relieve Client of any of its payment obligations under the Agreement. 4CPLUS may terminate this Agreement if upon inspection we determine that your equipment is not installed or maintained in accordance with this Agreement, and if such a failure does not endanger our facilities, you have not corrected this deficiency within ten days of our notice to you.
1.3.8. Right to Disconnect and Remove If you fail to pay any amounts due and such failure continues for more than seven days, included in our right to terminate your use of the Space is the right to disconnect and remove any or all of the Client-Provided Equipment from the Space (including any data and/or software thereon), store such Client-Provided Equipment for a period not to exceed three months, and assess reasonable charges for such storage. Upon conclusion of the applicable storage period, we may, at your expense, dispose of the stored Client-Provided Equipment in any manner we determine, with any proceeds applied to any unpaid amounts owed to us. Exercise of any of the foregoing rights by 4CPLUS shall not relieve you of any of your payment obligations under the agreement.
1.3.9. Security Unless otherwise set forth in detail in the Service Order, the physical protection measures we provide shall consist solely of certain physical locks, security checks and monitoring at the Space. Client's use of the Services shall constitute acknowledgment of the sufficiency of such protection measures. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SECURITY SOLUTIONS PROVIDED AS PART OF THE SERVICES DO NOT GUARANTEE NETWORK SECURITY OR PREVENT SECURITY INCIDENTS, ARE NOT INTENDED TO BE A COMPREHENSIVE SECURITY SOLUTION AND ARE CONSIDERED TO BE SERVICES FOR WHICH 4CPLUS LIMITS ITS LIABLITY AND DISCLAIMS WARRANTY AS PROVIDED IN THIS TOS.
1.3.10. Compliance with Underlying Agreements. Upon receiving notice from us, you shall take all actions reasonably necessary to comply with requirements of any lease, mortgage or other similar underlying agreement or instrument related to or encumbering the Facility.
1.3.11. Insurance During the Term, you shall maintain insurance coverage with reputable insurance companies, with a Best Rating of no less than "A," which are licensed to do business in the state in which the Space is located as follows:
(a) Commercial General Liability insurance of at least $1 million per occurrence for bodily injury and property damage or loss, covering your activities hereunder, naming 4CPLUS as an additional insured; (b) "all risk" Property insurance or adequate self-insurance covering all Client-Provided Equipment (4CPLUS does not insure the Client-Provided Equipment); and (c) legally required worker's compensation insurance and Employer's Liability insurance in an amount not less than $500,000 each accident. Such insurance policies shall be primary and noncontributing with respect to any policies carried by, and shall deny the insurer/underwriter any rights of subrogation against, 4CPLUS. You waive any rights of subrogation or recovery against 4CPLUS for damage or loss to its property. Prior to placing any Client-Provided Equipment in the Space, Client shall furnish 4CPLUS with certificates of insurance that evidence the minimum coverages set forth above and state that the insurer shall notify 4CPLUS at least thirty days prior to termination or modification of the coverage provided. You shall provide to 4CPLUS certificates of renewal for each such insurance policy within thirty days of renewal. In the event of your breach of any of the insurance obligations, we may upon written notice immediately suspend your physical access to the Facility until such breach is cured. If you do not cure such breach within ten days of suspension, 4CPLUS may terminate this Colocation Addenda or the agreement as provided herein.
1.3.12. Cross Connect Services You may use the Facility or Space to interconnect with telecommunications services provided by any third party in the following circumstances: (i) cross connects are only permitted for additional NICs; and (ii) the services must be within a reasonable physical proximity so that standard cabling may connect them. 4CPLUS may condition other types of cross connection on the payment of additional Fees.
1.3.13. Relocation we reserve the right to require you to relocate your Equipment. While we will not do so arbitrarily, it may be necessary to accommodate our network and facilities planning. If we do so, we will give you not fewer than seven days' notice.
1.4. The following provisions apply to domain name registration Services.
1.4.1. We primarily resell domain name registration Services through Tucows and Europe Registry.
1.4.2. If your domain name is registered through Europe Registry, the following agreement applies to you: https://www.europeregistry.com/about-us/end-user-agreement
1.4.3. If your domain name is registered through Tucows, the following agreements apply to you: http://www.opensrs.com/docs/contracts/exhibita.htm; and http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
1.4.4. You agree, and understand, that the agreements linked above may contain further linked documents. It is your obligation to read, understand and agree to be bound by those agreements which are incorporated into this TOS by reference.
1.4.5. . In addition, the consensus policies of ICANN apply to you: http://www.icann.org/en/resources/registrars/consensus-policies
1.5. The following provisions apply to mailing services including but not limited to hosted MDaemon, Hosted Exchange and CMM. This policy ("Policy") applies to all email and other communications ("Email") generated or sent through the services provided by 4CPLUS ("Services"). BY GENERATING OR SENDING EMAIL THROUGH THE SERVICES, CLIENT AGREE TO COMPLY WITH THIS POLICY. 4CPLUS MAY SUSPEND OR TERMINATE CLIENT'S ACCESS TO AND USE OF THE SERVICES IF CLIENT DO NOT COMPLY WITH THIS POLICY.
1.5.1 Client's use of the Services must comply with all applicable Laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is Client's responsibility to know and understand the laws applicable to Client's use of the Services and the Emails Client generate and send through the Services.
1.5.2. Client's use of the CMM Services must follow all applicable guidelines established by 4CPLUS. The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through the Services:
18.104.22.168. Using non-permission based Email lists (i.e., lists in which each recipient has not explicitly granted permission to receive Emails from Client by affirmatively opting-in to receive those Emails).
22.214.171.124. Using purchased or rented Email lists.
126.96.36.199. Using third party email addresses, domain names, or mail servers without proper permission.
188.8.131.52. Sending Emails to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
184.108.40.206. Sending Emails that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
220.127.116.11. Failing to include a working "unsubscribe" link in each Email that allows the recipient to remove themselves from Client's mailing list.
18.104.22.168. Failing to comply with any request from a recipient to be removed from Client's mailing list within 10 days of receipt of the request.
22.214.171.124. Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
126.96.36.199. Failing to include in each Email Client's valid physical mailing address or a link to that information.
188.8.131.52. Including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.
2.1. This TOS will begin on the Effective Date and continue in effect as long as we are providing a Service to you (TOS Term).
2.2. The Effective Date of an individual Service, is the date we begin the Ordering Process (Service Term). We use fraud detection programs. If during the Ordering Process your order is flagged as potentially fraudulent, it may not be processed. Until we notify you that the Service is available, you should not assume that your order has been processed.
2.3. Upon the expiration of an initial Service Term, that Service shall renew for a period of equal length unless one party has provided the other with a notice of termination as set out in paragraph 4.
3.1. Fees for individual Services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on usage rate of the Services. These will be calculated as set out on the website describing the Fees, and added to the Fees. Other than usage based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and set up fees are not refundable.
3.2. Fees do not include taxes. Any taxes imposed by a governmental entity on the Services will be added to the Fees unless you provide 4CPLUS with a valid tax exemption certificate. 4CPLUS will not add any taxes that are based on its corporate income.
3.3. The date Fees are due is set out on the invoice describing the particular Services (Due Date).
3.4. If you provide us with a credit card to pay the Fees, we will attempt to charge your card no sooner than fifteen days prior to the Due Date. It is your obligation to ensure that your credit card may be charged. We have no responsibility to provide the Services, or preserve data, if your credit card is declined for any reason.
3.5. If you fail to pay Fees by the Due Date, a late fee will be assessed to the invoice due. For Shared/Reseller Accounts 10 days past due, a late fee calculated at 30% of the balance or the maximum amount allowed by law will be due to re-activate service. For Dedicated Server Accounts 4 days past due, INR 1,000.00 late fee or the maximum amount allowed by law will be due to re-activate service. For VPS Accounts 4 days past due, INR 500.00 late fee or the maximum amount allowed by law will be due to re-activate service. For software licenses 5 days past due, a late fee calculated at 20% of the balance or the maximum amount allowed by law will be due to re-activate service. Late fees will be compounded. If your overdue balance includes multiple services (for example shared/reseller, dedicated server, etc.), each associated late fee will be added to the late fees and compounded.
3.5.1. If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. INR 2,500.00 charge back fee will be added to the amount disputed by the customer.
3.5.2. Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur INR 2,500.00 collection fee added to the balance previously due, or the maximum amount allowed by law, and if it pursues collection efforts, you agree to pay all of our expenses, including, but not limited to, reasonable attorneys' fees.
3.6. If you dispute any Fees, you agree to provide 4CPLUS with written notice and evidence supporting your arguments prior to the Due Date. 4CPLUS will review your dispute in good faith, and respond within thirty days of receiving notice of the dispute. If you disagree with our response, we both agree to negotiate in good faith for an additional thirty days. If after this period of time the dispute is not resolved, then we both may pursue the matter pursuant to the terms of paragraph 7. As consideration for providing you with a Fee dispute resolution provision, you agree to pay all Fees not in dispute and only use this procedure for bona fide, good faith, bill disputes.
3.7. If you terminate a Service in any manner other than as set out in this TOS, or fail to cure a material breach, then you agree to pay, within five days of giving notice of termination, all Fees that would have been payable to us had the early termination not occurred (Early Termination Fee). You agree to the Early Termination Fee as consideration to 4CPLUS for foregone business opportunities associated with limited network resources, and agree that this is a material inducement to 4CPLUS entering into this TOS.
3.8. If the Service Order includes a third party service, 4CPLUS cannot guarantee that the fee charged by this vendor will remain the same during the Term. If the vendor changes its fee, this increase will be passed on to you.
4. Termination and Suspension
4.1. Either party may terminate a particular Service by providing the other with 30 days written notice prior to the expiration of a Term. **Your termination request must be received by us thirty days prior to your next billing cycle. If you fail to do so, you will not receive a refund of any Fees paid to renew the service.** In order for you to effectively terminate this Agreement, you must send a written cancellation request to email@example.com. In addition, either party may terminate a particular Service if the other breaches a material term of the TOS and such a breach is not cured within thirty days of the non-breaching party's presentation of written notice to the breach party, or immediately if the breach is incapable of cure. In the case of our AUP, you will be provided a time period to cure any breach.
4.2. 4CPLUS may suspend the Services if you fail to pay the Fees by the Due Date, if providing them is prohibited by law or regulation, if you use End of Life software, hardware or systems on or in conjunction with the Services, or if you fail to cure a violation of our AUP or RAP within the amount of time set out in the notice, which the parties agree to be a material breach for which 4CPLUS's original notice was your opportunity to cure. In the latter case, Fees will continue to accrue until the violation is cured.
4.3. The following activities are specifically not allowed by 4CPLUS and will result in IMMEDIATE account termination without notice:
4.3.1. Running ADULT web sites,
4.3.2. Running HATE web sites,
4.3.3. Participation in undirected bulk e-mail delivery (SPAMMING) either through the use of server of 4CPLUS or otherwise,
4.3.4. GAMBLING web sites,
4.3.5. Any sites promoting or participating in anti-national and/or ILLEGAL activities.
4.3.6. Running of any other website/activity that is or may be prohibited by law at any time. In case of any of the above situation(s) 4CPLUS would not be under an obligation to give a notice for termination of service(s) before stopping forthwith and the Client shall not be entitled to any refund or payment from 4CPLUS for the remaining period.
4.4. If you terminate a service(s) as set out in paragraph 4.1, we will process your termination request within 5 working days. Once we process your request, you have 24 hours from the time of our notification to you to withdraw your request. If the request is not withdrawn, your account will not remain online and any associated data may be deleted permanently from our server(s).
4.5. The following provisions survive the termination of this TOS: 1.4.2, 1.4.3, 1.4.5, 1.4.8, 4.3, 5, 6, 7.2 through 7.5, and 7.8 through 7.13.
5. Warranties, Limitation of Liability and Indemnification
5.1. 4CPLUS will utilize its best efforts to maintain acceptable performance of services contracted for, but 4CPLUS makes no warranties except for those provided for in this TOS. 4CPLUS cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet which are on account of reasons beyond the control of 4CPLUS. 4CPLUS will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. 4CPLUS shall not be liable to Client for any claims or damages which may be suffered by Client, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions except for those caused due to the fault or negligence of 4CPLUS.
5.2. You warrant and represent that you own, or have the right to use, any and all data, software and hardware the transmission or use of which is facilitated by the Services.
5.3. We warrant that we own, or have been given a license by a third party to provide, the Services. OTHER THAN THE WARRANTIES SET OUT IN THIS TOS, WE PROVIDE NO OTHER EXPRESS OR IMPLIED WARRANTIES. EXCEPT AS SET OUT IN THIS TOS, THE SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE. IN ADDITION, WE DISCLAIM ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. EACH OF THESE DISCLAIMERS APPLIES UNLESS PROHIBITED BY LAW.
5.4. 4CPLUS'S LIABILITY, THAT OF ITS CONTRACTORS, AND ANY THIRD PARTY VENDORS, TO YOU ARISING OUT OF THIS TOS UNDER ALL CIRCUMSTANCES SHALL BE LIMITED TO THE AMOUNT PAID TO AND RECEIVED BY 4CPLUS FOR THE PERIOD FOR WHICH SUCH CLAIM IS MADE AND ESTABLISHED, IN ACCORDANCE WITH THE TERMS OF THE TOS. 4CPLUS SHALL NOT BE LIABLE TO CLIENT, OR ANY OTHER END USER OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES.
5.5. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR A CLAIM, NEITHER PARTY, ITS AFFILIATES, OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) WHICH ARISE IN CONNECTION WITH THIS TOS AND/OR ANY AGREEMENTS INCORPORATED BY REFERENCE. THIS PARAGRAPH APPLIES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, OR THAT SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION DOES NOT APPLY TO A VIOLATION OF THE AUP, RAP OR A PARTY'S INDEMNIFICATION OBLIGATION.
5.6. Client hereby agrees to indemnify and hold harmless 4CPLUS from any and all claims of whatever nature brought by any of Client's customers or end users against 4CPLUS as set out in Clause 5.5.
6.2. The following items are outside the definition of Confidential Information: information that is, or is made, publicly available without a breach of this paragraph; was known by a party without a legal obligation to keep it confidential; is independently developed by a party without reference to the Confidential Information; is a comment or suggestion Client volunteers to improve 4CPLUS's products or services.
6.3. Subject to this paragraph, the parties agree not to disclose the Confidential Information to third parties, other than as necessary to provide the Services, and then only for the purposes set out in this TOS. The parties agree to take reasonable steps to ensure the security and confidentiality of the Confidential Information, steps at least as protective as those used to protect their own Confidential Information. One party shall notify the other in writing within twenty four hours of its discovery of disclosure of the Confidential Information, and cooperate with the other to regain control and prevent further dissemination of the Confidential Information.
6.4. Either party may disclose the other's Confidential Information to affiliates, or if required to comply with a court order or other government demand that has the force of law. However, the party subject to the court order agrees to give the other party notice within a reasonable period of time to allow the owner of the Confidential Information to protest it, unless notice is prohibited.
6.5. The obligations of this Section shall remain in effect for three years after termination of this agreement.
7. General Provisions
7.1. If 4CPLUS or you are unable to perform our respective obligations due to circumstances outside our reasonable control (Force Majeure Event), performance shall be excused for the period of time that these circumstances persist, contingent on our taking steps to remedy those circumstances. The following circumstances are outside the scope of a Force Majeure Event: lack or unavailability of funds. If 4CPLUS is unable to provide the Services for a period of thirty days or more, not withstanding attempts to remedy the Force Majeure Event, you may terminate the affected Services without application of the Early Termination Charge.
7.2. From time-to-time we may receive warrants and subpoenas from law enforcement entities for information you provide to us (Law Enforcement Request). Unless the Law Enforcement Request prohibits, or requests, that it not be disclosed, we will inform you of our intent to disclose your information.
7.3. If you are involved in civil litigation we have no obligation to provide assistance to you to comply with civil litigation demands such as subpoenas. Should we be compelled to comply with a subpoena for the Services we provide to you, we will charge you INR 10,000 per day, plus reasonable expenses, to comply.
7.4. This TOS is the final, and full, expression of our agreement, and supersedes all prior oral and written communications between the parties about its subject matter.
7.5. This TOS and all agreements incorporated by reference shall be governed by the applicable and governing law of India. All disputes and differences arising out of and connection with this agreement shall be adjudicated upon by the courts at New Delhi only and no other.
7.6. This TOS and the Addenda may not be amended except upon the written consent of an authorized officer of 4CPLUS and Client.
7.7. No failure to exercise, nor delay in exercising, any right, remedy or power shall be a waiver of it.
7.8. This TOS, and all contracts incorporated by reference, shall be binding on the parties and their successors and assigns. Either party may assign this TOS and all contracts incorporated by reference except in the following circumstances: to a competitor of the other; or to an entity having no assets and/or operations.
7.9. If any provision in this TOS, or a contract incorporated by reference, is found illegal or unenforceable, that provision shall be deemed restated in such a way as to be legal, enforceable and reflective of the parties intent and this TOS or other contract will remain in effect. Under no circumstances shall such a finding cause the contract to be void or unenforceable.
7.10. You agree that without expressed written consent, at all times while you are employing the services of 4CPLUS and for twelve (12) months after contract period terminates, you will not, directly or indirectly, whether individually or as an officer, director, employee, consultant, partner, stockholder, individual proprietor, joint venturer, investor, lender, consultant or any other capacity whatsoever: solicit, divert hire, retain (including as a consultant) or encourage to leave the employment or contract period of 4CPLUS and any employee or contractor of 4CPLUS, or hire or retain (including as a consultant) any former employee of 4CPLUS who has left the employment or contract period of 4CPLUS within twelve (12) months prior to such hiring or retention.
7.11. All notices shall be made in writing and effective upon: (i) the date of actual receipt; or (ii) five business days after recorded first class mailing. Notices to 4CPLUS shall be sent to the address listed in the "about us" or similar page on the 4CPLUS website to the attention of "General Counsel." Notices to you shall be sent to the address set out in 4CPLUS's customer record to the attention of "Legal Notices."
All such notices, communications and correspondence shall be sent and deemed to have been received only if the same has been sent as follows: (i) if by Email along with a delivery and read receipt upon receipt of the confirmation copy; and (ii) if by courier or registered, first class airmail, upon receipt or refusal of delivery. All notices will be in English.
7.12. If any provision of this TOS is held to be invalid, illegal or unenforceable, such provision will be struck from the TOS and the remaining provisions of this TOS shall remain in full force and effect. Further, we shall endeavor to replace such provision with a valid, legally enforceable provision that reflects the original intent of the TOS.
7.14. No person or entity, other than you and us and our respective successors and assigns, shall be entitled to bring any action to enforce any provision of this TOS or contracts incorporated by reference, against either of us. For the purposes of this agreement, we shall both be considered independent contractors, and cannot make representations, claims or warranties on behalf of the other.