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Terms & Conditions.

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Terms of Use and Disclaimer

  1. Ownership of Web Site

    The legal owner of customers' web sites and accounts with Medias Titan will be the individual or organization whose name is listed in Medias Titan database as the owner. Customers will fully cooperate with and abide by any and all of Medias Titan security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with Medias Titan.

  2. Illegal Use

    Medias Titan servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Medias Titan services, all Medias Titan customers certify that they and/or the organization they represent in procuring services from Medias Titan are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a 'suspected terrorist' as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. of India.

  3. System and Network Abuse

    Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

  4. Adult Advisory

    Medias Titan Directely or indirectly does not support any kind of adult sites,Involving nudity in a sexual context, exposed genitalia or adult themes and does not allow use of any such contents and images. If any sites found using such content, the company has full right to terminate the services.

  5. Viruses and Other Destructive Activities

    Use of Medias Titan services or equipment 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 customer 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 Medias Titan services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. 

  6. Customer Responsibility

    Customers are required to use the Medias Titan network responsibly. This includes respecting the other customers of Medias Titan. Medias Titan reserves the right to suspend and/or cancel service with any customer who uses the Medias Titan network in such a way that adversely affects other Medias Titan customers. While Medias Titan may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Medias Titan does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Medias Titan becomes aware of any violation of the TOU or other user agreements, Medias Titan may take any action to stop or correct such violation, including, but not limited to, denying access to Medias Titan services and equipment or to the Internet. In addition, Medias Titan may take action against a customer or a customer of such customer because of the activities of such customer. Medias Titan anticipates that customers who offer Internet services will cooperate with Medias Titan in any corrective or preventive action that Medias Titan deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Medias Titan policy and Medias Titan reserves the right to take any such action even though such action may affect other customers of the Medias Titan customer.

    Medias Titan and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Medias Titan has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Medias Titan Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Medias Titan. Medias Titan Makes no warranty that the services will be uninterrupted, timely, secure or error-free.

  7. Actions Taken by Medias Titan

    The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Medias Titan will be the sole arbiter as to what constitutes a violation of the TOU. Medias Titan reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Medias Titan becomes aware of an alleged violation of its TOU, Medias Titan will initiate an investigation. During the investigation, Medias Titan may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Medias Titan may, at its sole discretion, restrict, suspend, or terminate a customer's Business Plan account and/or pursue other civil remedies. If such violation is a criminal offense, Medias Titan will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Medias Titan does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Medias Titan. 

  8. Indemnification

    Medias Titan customers agree to protect, defend, hold harmless, and indemnify Medias Titan, any third party entity related to Medias Titan (including, without limitation, third party vendors), and Medias Titan executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Medias Titan, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Medias Titan services. 

  9. Privacy

    Medias Titan is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Medias Titan urges its customers to assume that all of their on-line communications are insecure. Medias Titan cannot take any responsibility for the security of information transmitted over Medias Titan facilities. 

  10. Disclaimer

    The Medias Titan service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Medias Titan expressly disclaims any representation or warranty that the Medias Titan service will be error-free, secure or uninterrupted. No oral advice or written information given by Medias Titan, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Medias Titan and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

  11. Termination for Bankruptcy or Insolvency

    If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Medias Titan may immediately terminate provision of Medias Titan services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Medias Titan in such event.

  12. Modifications

    Medias Titan may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Medias Titan services. Certain changes to Medias Titan services may affect the operation of customers personalized applications and content. Each customer is solely responsible, and Medias Titan is not liable, for any and all such personalized applications and content.  

  13. Backup of Data

    Except where Medias Titan has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Medias Titan is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with Medias Titan services.

  14. Third Party Licenses

    Medias Titan is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Medias Titan urges its customers to assume that all of their on-line communications are insecure. Medias Titan cannot take any responsibility for the security of information transmitted over Medias Titan facilities. 

  15. Privacy

    Medias Titan makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Medias Titan makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Medias Titan specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Medias Titan liable in any way for the revocation of any license, which has been licensed to Medias Titan. The use of the Technologies obtained from or through Medias Titan, or any other referred third party, whether directly or indirectly, is at the sole risk of customers. 

  16. Non- Medias Titan Products

    Any mention of non- Medias Titan products by Medias Titan, its employees, or any third party entity related to Medias Titan is for information purposes only and does not constitute an endorsement or recommendation by Medias Titan. Medias Titan disclaims any and all liabilities for any representation or warranty made by the vendors of such non- Medias Titan products or services. 

  17. API Integration

     Using data or content of any third party site by application programming interface (API) will be managed by the client himself and the agreement will be based on mutual or written understanding of the client and the offering party. Medias Titan will be liable to integrate these API, whose charges will be additionally borne by the client. Also it must be ensured that the additional charges will depend on the degree of work load during the integration process.

  18. Medias Titan Intellectual Property

    Customers will not, without Medias Titan express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Medias Titan web site, and customers will not use any of Medias Titan trademarks, service marks, copyrighted materials, or other intellectual property without Medias Titan express written consent. Customers will not, in any way, misrepresent their relationship with Medias Titan, attempt to pass themselves off as Medias Titan, or claim that customers are Medias Titan.

  19. Assignment

    Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Medias Titan's services, either in whole or in part, without the prior written consent of Medias Titan.

  20. Governing Law and Sever ability

    Medias Titan is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Medias Titan urges its customers to assume that all of their on-line communications are insecure. Medias Titan cannot take any responsibility for the security of information transmitted over Medias Titan facilities. 

  21. SEO and Spam

    A site whose sole purpose is to gain Google ranking, Face book "likes", etc and do not give direct or indirect consent to the client for getting it done from a third party.

  22. FTP Access/Medias Titan Coding/Database Access

    Medias Titan will assist you in any kind of issues or changes bounded to our limit and as per our maintenance agreement with you.Medias titan, by no means is liable to impart you with FTP Username/Password or Database for any website.

  23. Independent Contractors

    Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Medias Titan and its customers. Each of Medias Titan and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

  24. Construction and Interpretation

    Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU. 

  25. Complete Agreement and Exclusivity

    The TOU, and/or any other specific agreement for Medias Titan services, constitutes the complete understanding and agreement between Medias Titan and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Medias Titan, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Medias Titan services is between Medias Titan and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Medias Titan.

  26. Payments

    Medias Titan accepts the following types of payment:

    - Check/money order
    - Bank wire transfer
    - Fund Transfer from bank accounts
    
    All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying Medias Titan, of any changes to your billing details. Accounts that are past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

  27. Domain Transfer Charges

    Domain Transfer Charges Rs 2500/- Medias Titan cannot guarantee the renewal of account, if the payment is made after expiry date. Renewal of services such as domains, ssl certificates etc, involve companies, on whose activities, Medias Titan does not have control over. Hence, Medias Titan is not liable for interruption in services, loss of data, loss domain names, ssl certificates etc.

  28. Bank Account Payments

    Medias Titan charges Rs.100 for outstation checks, Account transfers.

  29. Renewal

    All the services like domain, hosting and maintainance service are renewed annually and customers are solely and entirely responsible if he doesnot credit the renewal amount on time.

  30. Cancellations

    Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact Medias Titan 's Billing Team at billing@mediastitan.com with proper payment details and account details. Please be aware that there are no refunds after the service is provided. No refund is available for Medias Titan Start Up/Reseller Accounts in the event of cancellation. Medias Titan doesn’t give any money back guarantee for all the services advertised through our website.

    Medias Titan does not monitor, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Medias Titan services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Medias Titan reserves the right to cancel any account, at any time, without notice, for any reason Medias Titan considers appropriate.

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