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Thank you for
visiting the Planetetutors.com Web site (the "Site"). All data is owned
& managed by "PLANETETUTORS", subject to your acceptance of these Terms
of Use. Please read these Terms of Use carefully before using or
registering for the Site, as your use of the Site will constitute your
agreement to be legally bound by and to comply with these Terms of Use.
Description of the
Site.
The Services allow
you to develop, publish, and display a web site, store data in a
database, send and receive e-mail messages, maintain a bulletin board
through which you can interact with the Internet users, and send and
retrieve various information’s
Access and
Registration.
In order to use the
Site, you need the equipment necessary to connect to the World Wide Web
("WWW"), and the connection necessary to access the WWW. You are
responsible for any fees associated with such connection or access (such
as those charged by an Internet Service Provider (ISP) or telephone
company). In order to make a purchase at the Site or take advantage of
some of the services and interactive features offered at the Site, you
will need to register with Planetetutors.com. You agree that if you
choose to register, you will: (a) provide accurate and complete
information when prompted to do so by any registration form, and (b)
maintain and update such information so it remains accurate and
complete.
Financial
transactions & Taxes
If you make any
financial transactions on
Planetetutors.com,
including paying for network services fees, advertising banners, product
placements, products or services, you may be asked for credit card or
other payment information. You agree that all information you provide is
accurate, complete and current and that you will pay all charges owed,
including any applicable taxes. You agree that you are solely
responsible for any personal income reporting and tax payments required
of you by applicable government authorities
Privacy.
Your privacy is
important to Planetetutors.com. All information gathered from you in
connection with your use of Site will be governed by the provisions of
the Planetetutors.com
Privacy Policy, which are incorporated into these Terms of Use by
this reference.
Age.
The client must be 18
years of age to obtain our services.
Intellectual Property
and Rights to Access Site & Ownership.
Planetetutors.com is
the exclusive owner and proprietor of the Site. The Site Content and
Code are owned by Planetetutors.com and/or its licensors and are
protected by applicable domestic and international copyright and other
intellectual property and proprietary rights and laws, and are offered
to you, as they exist on the Site, for limited use pursuant to these
Terms of Use. As used herein, "Content" means any and all human readable
audio and/or visual elements of this Site, including without limitation,
any text, graphics, images, illustrations, photographs animation,
video/audio or audiovisual works, designs or logos, information, and
other content made available through the Site. "Code" means any and all
underlying elements of this Site, including without limitation source
code, script, object code, software, computer programs, and other sets
of statements or instructions contained in or underlying the Site. You
shall not copy, distribute, publish, perform, modify download, transmit,
transfer, sell, or license, create derivative works from or based on,
publicly display, frame, link, or in any other way exploit any of the
Content or Code, in whole or in part, without the prior written
permission of Planetetutors.com or the respective copyright holder.
Decorum
Unacceptable
activities include spamming (sending unsolicited advertising to those
with which the customer has no existing business relationship, posting
off-topic advertising in newsgroups); spoofing (using a return email
address which is not the valid reply address of the sender or sending an
email message which does not contain enough information to enable the
recipient to identify the party who is really sending the message;
passive spamming (promoting a web site hosted by Planetetutors by
spamming from some other source), trolling (posting controversial
messages in newsgroups to generate responses), mail bombing (inundating
a user with email without any serious intent to correspond), generating
a higher volume of outgoing mail than a normal user (over 10% of
available system resources), and subscribing someone else to an
electronic mailing list without that person's permission. A message is
considered unsolicited if it is posted in violation of a newsgroup
charter or sent to a recipient who has not requested the message. Making
an email address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distributed unsolicited
email. Any customer repeatedly "mail bombed" or that attracts such
behavior will be asked to leave and charged a sum of $300 equivalent as
the same amount under the agreement with our datacenter will be payable
by us to them. If you are not sure if your actions will be in violation,
please ask first (complaint@Planetetutors.com).
Misuse of the
legal rights of others
Examples of
unacceptable activities in this regard include posting private
information about a person without their consent, infringing
intellectual property rights, defaming a person or business, and
knowingly making available code which will have a deleterious effect on
third party computers. Planetetutors supports free speech on the
Internet, and will not suspend or cancel a customer's account simply
because it disagrees with the views expressed by the customer. Where
there are allegations that a customer's on-line activity has violated
the legal rights of a third party, Planetetutors will not substitute
itself for a court of law in deciding tort claims raised by the third
party.
Misuse of the law
Planetetutors's
services may be used for lawful purposes only. Illegality includes but
is not limited to: drug dealing; attempting without authorization to
access a computer system; pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to annoy, misuse, threaten,
or harass another person; threatening bodily harm or damage to
individuals or groups; violating U.S. export restrictions; stalking; or
violating other state or federal law such as the Electronic
Communications Privacy Act, the Computer Fraud and Abuse Act, or the
Economic Espionage Act. Linking to illegal material is also prohibited.
Anything violating Indian Law will be considered as misuse & violation
of our services and the person indulging in the same will be considered
totally liable for his acts. On finding this we will discontinue the
services immediately and inform the same to the Law enforcement agencies
to take care of the situation & this will not arising any liability on
Planetetutors.com or any of its associates, partners or
proprietors.Planetetutors reserves the right to check system files,
email, and other data on our servers for illegal content and materials,
or for any other reasons deemed necessary.
Pornography
Pornography and
sex-related merchandising, or links to such material, even if legal, is
not an acceptable use of Planetetutors's servers.
Misuses of
Planetetutors's Server Resources
Running programs in
the background on a Planetetutors's server without Planetetutors's prior
written authorization, or running chat rooms, Internet Relay Chat, IRC
bots, Greeting Cards sites, software downloading sites, more then 1000
emails a day and the like are not acceptable uses of Planetetutors's
servers. Further, any usage of ten percent (10%) or more of our system
resources is an undue burden on our system and is unacceptable. If your
usage ever exceeds ten percent (10%) of system resources, your account
may be terminated immediately and without prior notice. In addition any
domain that exceeds ten gigabytes of bandwidth traffic can be terminated
without prior notice. Planetetutors can set an additional domain name to
be pointed to your site's IP address for Rs.1100 p.a setup fee. Usage of
scripts or other utilities to direct pointed domain names to
subdirectories is not permitted and is grounds for termination of the
account.
Hacking/Cracking
Planetetutors.com
reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for
prosecution.
The following
examples of unacceptable behavior are non-exclusive, and are provided
for guidance purposes. If you are unsure if your actions will be a
violation of our policies please contact
complaint@Planetetutors.com.
Server broadcast
messages or any message sent on an intrusive basis to any directly or
indirectly attached network, attempt to circumvent any user
authentication or security of host, network, or account accessing data
not intended for user, probing the security of any network, Spawning
dozens of processes, Port scans, ping floods, packet spoofing, forging
router information, flooding, spoofing, ping bombing, teardrop,
Promulgation of viruses, IRC bots such as eggdrop or BitchX.
Any activity, whether
or not the intrusion results in the corruption or loss of data, will be
investigated and proper action taken. The presence of any of these
programs, whether or not run, will result in action against the user
including suspension or termination.
Posting Materials to
the Site.
As used in these
Terms of Use, "Your Posted Material" means any information, messages,
e-mails postings, on-line discussions, literary works, or other text,
drawings, illustrations or images, films, graphics, images, photographs,
animation, audiovisual works, recordings, digital content designs,
logos, or other copyrightable work or non-copyrightable idea,
expression, or communication, regardless of whether you authored or
created such work or communication, which you cause to be posted to,
submitted to, or in any way transmitted via, the Site. You agree that
none of Your Posted Material will contain information or content that
(a) infringes any intellectual property right or other proprietary right
of any third party; (b) reveals trade secrets or any information which
you have agreed, expressly or impliedly, to keep confidential; (c) is
obscene, indecent, defamatory, abusive, or otherwise objectionable; (d)
contains a virus, Trojan horse, time bomb, cancelbot, or any other
computer programming or materials that are intended to intercept
information or damage or detrimentally interfere with the Site or its
security; or (e) violates any applicable law. Additionally, you agree
that none of Your Posted Material will contain information or content
that: (i) contains or constitutes commercial advertising, solicitation,
informational announcements, or political tracts; (ii) constitutes,
contains, or encourages "make-money fast" type messages, "chain letters"
or "pyramid schemes" of any type; (iii) contains false or misleading
information; (iv) is purportedly sent from a person other than yourself
(e.g., impersonation of another person or user); (v) with respect to
"chat rooms" or other mechanism for real time dialogue between users,
disrupts the normal flow of dialogue, or posts comments that are not
related to the topic being discussed (unless it is clear that the
discussion is free-form), or (vi) otherwise interferes with other users'
enjoyment of the Site.
License to Your
Posted Material.
You hereby grant to
Planetetutors.com the royalty-free, non-exclusive, transferable right
and license to use, reproduce, modify, creative derivative works of,
publish, translate, distribute, sell, perform, display, and otherwise
exploit Your Posted Material alone or as part of other works, throughout
the universe, in all forms of media or technology whether now known or
later developed. You represent and warrant to Planetetutors.com that:
(a) you have the full and unrestricted right to grant such rights to
Your Posted Material, and (b) Planetetutors.com's exercise of its rights
granted by you hereunder shall not infringe upon any copyright or other
intellectual property right or any proprietary right of any third party.
Planetetutors.com assumes no liability for any of Your Posted Material
or any other Content posted to the Site by a third party.
Planetetutors.com shall have the right, but not the obligation to remove
any of Your Posted Material from the Site that fails to comply with
these Terms of Use.
Client
Responsibility
The client is
responsible for all activity originating from the account unless proven
to be a victim of outside hacking or address forgery. The client is
responsible for securing their username/password. The client assumes
responsibility for all material on their site that may be put on by a
third party (such as the usage of Free For All links pages). Use of
Planetetutors's service requires a certain level of knowledge in the use
of Internet languages, protocols, and software. This level of knowledge
varies depending on the anticipated use and desired content of the web
space by the client. The following examples are offered: Web Publishing:
requires knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping, etc.
FrontPage web publishing: knowledge of the FrontPage tools as well as
Telnet and FTP understanding and capability. CGI-Scripts: requires
knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell
scripts, permissions, etc. Mail: a use of mail clients to receive and
send mail, etc. The client agrees that he or she has the necessary
knowledge to create and maintain their web space. Client agrees that it
is not the responsibility of Planetetutors to provide this knowledge or
support outside matter specific to Planetetutors's servers. Support will
only be provided to the Company placing the order on us, we shall not
support customers of resellers to whom the space is further resold by
the reseller.
We do not offer tech support to customers who walk in to our office as
that will have an additional charge of Rs.1000 per hour but we do offer
tech support through telephone calls and emails.
User Conduct.
In addition to the
restrictions on Your Posted Material, by using this Site, you agree you
will not: (a) reproduce, copy, distribute, or perform by any means,
method, or process now known or later developed any of the audiovisual
works or other works made available on or through the Site, without the
express authorization of the copyright holder in such work; (b) disrupt
or interfere with the security of the Site or any Code or hardware used
in connection with the Site, (c) use or attempt to use another's account
on the Site, (d) mislead others about your identity, (e) use any
automated means to access the Site or collect any information from the
Site (including without limitation robots, spiders or scripts), (f)
frame the Site, place pop-up windows over its pages, or otherwise affect
the display of the Site pages, or (g) use any meta tags or other "hidden
text" utilizing a Planetetutors.com name, trademark, or product or
service name. In addition, you agree that you will comply with all
applicable laws that relate to your use of or activities on the Site.
Backups
No guarantees are
made of any kind, either expressed or implied, as to the integrity of
these backups. Backups are made for server restoration purposes only. It
is the clients' responsibility to maintain local copies of their web
content any information. If loss of data occurs due to an error of
Planetetutors, Planetetutors will attempt to recover the data for no
charge to the client but does not guarantee its recovery. If data loss
occurs due to negligence of client in securing their account or by an
action of the client, Planetetutors will attempt to recover the data
from the most recent archive for an Rs.2500/- fee.
IP numbers
Planetetutors
maintains control and any ownership of any and all I.P. numbers and
addresses that may be assigned to the client and reserves in its sole
discretion the right to change or remove any and all IP numbers and
addresses.
Renewal of Domains
We do not send any
intimation or notices about domain name renewals except the notices for
the expiry of the web space. Renewal notices for the domain comes
directly from the registrar and we stand no guarantee for any domain
renewals unless the client pays in advance 20 days prior to the expiry
of the domain. In simple words it is the clients onus to check when his
domain is expiring and unless he pays well in advance to renew the
domain we cannot assure of its renewal.
Domain Registration
Any
facilities/features offered by the registrar with domain booking are
beyond our control and thus we cannot give any surety of their
operations except that you will definitely get a control panel to manage
your domain passwords and change any information related to Registrant,
administrative, technical and billing contact in real time. As
registrars have their own servers so any support related to the domains
have to be directly taken from the registrar tech support staff members.
We offer no guarantee at all related to add-on features with the domain
names and any queries related to the same must be send to the registrar
only.
Applicability of
invoice
Invoice will be
applicable on the availability of domain name at the time of Booking and
incase we have raised the invoice prior to the booking of domain and the
same domain is booked by some one else before we have initiated the
registration process on or after the date of the invoice / on or within
the billing duration, said invoice will stand cancelled and bring no
liability on Planetetutors.com or any of its associates, employees,
members, channel partner and Proprietor.
Modifications to
Terms of Use; Additional Terms.
Planetetutors.com
reserves the right to modify the Terms of Use at any time. Any
modifications shall be effective upon the earlier of the posting by
Planetetutors.com of the modified Terms of Use at the following URL
http://www.Planetetutors.com/, or direct e-mail notification of the
changes to you. You agree to review these Terms of Use periodically so
that you are aware of any modifications. Your continued use or
membership of the Site shall be deemed your acceptance of the modified
Terms of Use. You agree that the above-listed standards for notice of
changes are reasonable. Certain services offered by Planetetutors.com
(e.g. free e-mail) are done in conjunction with third parties and have
different or supplemental terms of use applicable to such service.
Please be sure to read any different or supplemental terms that appear
when enrolling for a particular service. To the extent such different or
supplemental terms conflict with these Terms of Use, the different or
supplemental terms applicable to the service for which you are signing
up will control. In addition, Planetetutors.com may offer you additional
services or features at the Site via addenda that supplement (but do not
replace) these Terms of Use. If you agree to such addenda (by clicking
the appropriate button), the terms and conditions contained in such
addenda will be incorporated into these Terms of Use.
Failure to Comply
with Terms of Use.
You acknowledge and
agree that Planetetutors.com may suspend or terminate your membership
account and/or deny you access to, use of, or submission of Your Posted
Materials for, all or part of the Site, without prior notice, if you
engage in any conduct that Planetetutors.com believes, in its sole
discretion: a) violates any term or provision of these Terms of Use, (b)
violates the rights of Planetetutors.com or third parties, (c) or is
otherwise inappropriate for continued access and use of the Site. In
addition, Planetetutors.com reserves the right to terminate inactive
membership accounts. You agree that upon termination, we may delete all
information related to your account and may bar your access to your
account and the Site.
Links
This Site may contain
hyperlinks, references and Information gathered from third party
Internet sites that Planetetutors.com does not own or operate. Such
hyperlinks are provided for your reference and information only.
Planetetutors.com makes no warranties or representations regarding the
availability of, or the content located on or through, such sites.
Planetetutors.com does not endorse, sponsor, or review he content
contained at the sites to which hyperlinks on Planetetutors.com web
sites are directed, nor does Planetetutors.com represent that such sites
are appropriate for children, in compliance with laws, or are what they
purport to be. Accordingly, Planetetutors.com does not accept any
responsibility or liability for content contained at such sites.
Security.
Although
Planetetutors.com intends to use reasonable security measures with
respect to the Site, as with any on-line or electronic communication or
interaction, there is an inherent risk involved in transmitting any
information via the Internet. Planetetutors.com does not and cannot
guarantee that its system is free from hackers or viruses or that
information provided by users to Planetetutors.com will not be stolen or
otherwise surreptitiously obtained. You hereby acknowledge and
understand that such risk is inherent in interacting with any website,
including this Site, and take full responsibility for any harm, danger
or damage that ensues due to any such breach in security.
Termination.
You may discontinue
your participation in and access to the Site at any time. These Terms of
Use will continue to apply to all past use of the Site by you, even if
you are no longer using it.
Disclaimer.
This site, including
without limitation, the content, code, and other materials contained in
or accessible through this site are provided "as is" and "as available"
basis. Planetetutors.com disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, title, and non-infringement with
respect to all such materials. Planetetutors.com does not make any
warranty that this site or its content, products or services will meet
your requirements, or that the site, code or content will be
uninterrupted, timely, secure, or error free. Planetetutors.com does not
make any warranty concerning the accuracy of the information contained
on the site, any products available for purchase on the site, or the
visual or sound quality of any audio, visual or audiovisual materials
offered on or presented through this site. Planetetutors.com does not
represent or warrant that this site or its server(s) are free of viruses
or other harmful components. Reference to any products, services,
processes, or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by Planetetutors.com. Some states
do not allow the limitation or exclusion of certain warranties or
conditions, so the above exclusions may not apply to you.
a).
Limitation of Liability
Planetetutors shall
not be responsible for any claimed damages, including incidental and
consequential damages, which may arise from Planetetutors’s servers
going off-line or being unavailable for any reason whatsoever. Further,
Planetetutors shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the
corruption or deletion of any web site/database from one of
Planetetutors's servers. All damages shall be limited to the immediate
termination of service.
Planetetutors.com
shall be the sole arbiter of what is and is not a violation of these
acceptable use policies. Planetetutors reserves the right to terminate
an account at any time and for any reason that causes harm to any India
craze customer's web sites. Planetetutors reserves the right to delete
all content and files upon termination. Planetetutors reserves the right
to withhold any pre-paid funds for any site removed for violations of
these policies. Planetetutors reserves the right to refuse, cancel, or
suspend service at our sole discretion.
Planetetutors.com
reserves all rights to change/modify/remove or adds any of the prices,
server features, timely schemes, web sites/other information hosted by
any of the customers on our server which is defined as
illegal/unsolicited use of our server space or other facilities as and
when announced.
b). Limitation of
Liability.
You understand that
in no event will Planetetutors.com or its offices, directors,
shareholders, parents, subsidiaries, affiliates, agents or licensors be
liable for any consequential, indirect, incidental, special or punitive
damages, whether in an action under contract, negligence or any other
theory, arising out of: (a) your use or inability to use the site, (b)
your reliance on any content, or (c) any goods or sites advertised on
the site; even if Planetetutors.com or any related party has been
advised of the possibility of such damages. In no event will
Planetetutors.com or its offices, directors, shareholders, parents,
subsidiaries, affiliates, agents or licensors be liable to any damages.
Indemnification.
You agree to
indemnify, defend and hold harmless Planetetutors.com and its officers,
directors, employees, shareholders, parents, subsidiaries, affiliates,
agents, consultants and licensors from any and all third party claims,
liability, damages and/or costs (including but not limited to reasonable
attorneys' fees) arising from: (a) your failure to comply with these
Terms of Use, (b) your infringement or violation of any intellectual
property or other right of a third party, (c) Your Posted Materials, (d)
your violation of any applicable law.
a).
JURISDICTION IN CASE OF DISPUTES
In case of any disputes, the jurisdiction will be ONLY at Punjab (Bathinda)
India Courts.
b)Planetetutors.com reserves the right to change the Acceptable
Use Policy without prior notice or warning. Non-enforcement of any part
of the Acceptable Use Policy does not constitute consent. Violations of
these Acceptable Uses Policies should be referred to
complaint@Planetetutors.com & all complaints will be investigated
promptly.
Miscellaneous.
TThese Terms of Use
(and any addenda or statements expressly incorporated into these Terms
of Use that you enter into) constitute the entire agreement between you
and Planetetutors.com with respect to your use of and access to the
Site, and these Terms of Use replace all prior or contemporaneous
understandings or agreements, written or oral, regarding your use of and
access to the Site. If any provision of these Terms of Use is found
invalid or unenforceable, that provision shall be enforced to the
maximum extent possible, and the remaining provisions of these Terms of
Use shall remain in full force and effect. The failure by
Planetetutors.com to insist upon or enforce strict performance of any
provision of these Terms of Use will not be construed as a waiver of any
provision or right of Planetetutors.com. These Terms of Use will inure
to the benefit of Planetetutors.com and its successors and assigns. |