1. Introduction
Welcome to TECH MENTOR WEB SERVICES PRIVATE LIMITED (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at techmentorcloud.com (together or individually “Service”) operated by TECH MENTOR WEB SERVICES PRIVATE LIMITED.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@techmentorcloud.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
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- ordPress hosting, Business hosting, Linux & Windows based shared hosting plans.
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2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@techmentorcloud.com.
3. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TECH MENTOR WEB SERVICES PRIVATE LIMITED cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting support@techmentorcloud.com customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide TECH MENTOR WEB SERVICES PRIVATE LIMITED with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize TECH MENTOR WEB SERVICES PRIVATE LIMITED to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, TECH MENTOR WEB SERVICES PRIVATE LIMITED reserves the right to terminate your access to the Service with immediate effect.
6. Bandwidth
If the customer’s account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.
7. Unlimited Hosting
- (a) “Unlimited” meansUnlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.
- (b) “Unlimited” DOES NOT mean TechMentor employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. TechMentor’s “Unlimited” hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. TechMentor’s service is offering shared hosting service, which means that multiple hosting Subscriber’s websites are hosted from the same server and share server resources. TechMentor’s service is designed to meet the typical needs of small and medium sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or a dedicated server. TechMentor will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, TechMentor does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until TechMentor can evaluate said sites resource needs.
- (c) Unlimited Hosting Space; excessive SQL Database TechMentor does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does TechMentor charge additional fees based on an increased amount of storage used, provided the hosting subscriber’s use of storage complies with these Terms. Please note, however, that the TechMentor service is designed to host websites. TechMentor does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber’s account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. TechMentor may request that the database size be reduced to ensure proper performance or may disable the Subscriber’s account, with or without notice. Hosting subscriber’s can create multiple databases however size of each database should not be more than 1 GB.
- (d) Unlimited File Transfer TechMentor does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its website in a given month, nor does TechMentor charge additional fees based on increased use of bandwidth, as long as the hosting subscriber’s use of the Services complies with these Terms. In most cases, a hosting subscriber’s website will be able to support as much traffic as the hosting subscriber can legitimately acquire. However, TechMentor reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting subscribers.
- (e) Unacceptable Resource Usage
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- -> Run cron entries with intervals of less than fifteen (15) minutes.
- -> Run any MySQL queries longer than thirty (30) seconds.
- -> Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
- -> The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB.
- -> “Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.
- -> The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for WordPress hosting, Business hosting, Linux & Windows based shared hosting plans.
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8. Permitted CPU and Disk Usage
- -> The space on the Shared hosting server can only be utilized for web files, and hosting a user’s website. This space should not be used for media storage or for storing other data such as storing electronic files, saving website backup, FTP host or for demo purposes. We hold the right to inspect every shared hosting account for extra utilization of disk space, CPU and other resources that may be violated of this Agreement or the AUP.
- -> We may terminate access to the Services at our sole discretion, or takedown or erase User Content for those accounts considered to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage limits will depend on the amount of resources allocated to the plan that you have purchased.
9. Reseller Terms and Client Responsibility
- -> Using a shared hosting account to resell web hosting to others is not allowed. Reseller hosting plans to be considered if you want to become our reseller.
- -> Resellers must assure that each of its clients, follow this Agreement.
- -> Resellers are completely responsible for supporting their clients including customer service, billing and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client’s issue must be reported by the reseller on the user’s behalf.
- -> Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their Users. We may hold any reseller responsible for any activity from their client’s account that violates the law or this Agreement.
- -> The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Customer resulting from the actions or omissions of the reseller.
- -> The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate.
10. The Company as Reseller or Sub licensor
- -> We may use certain third-party services, hardware, software and equipment and use it as a reseller or sub licensor.
- -> We are not liable for any modifications to the Services that cause any Resold Products to become outdated, including improvements or adjustments that otherwise influence the output of the services.
- -> Any failure or defects of Resold services, whether sold, sub-licensed, or given to you by us, shall not be considered to be a violation of the Company’s obligations under this Agreement.
- -> Any rights or suggestion you may have concerning the possession, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.
- -> You are qualified to use any Resold Product that we provide only concerning your use of the Services as permitted under this Agreement.
- -> No attempt shall be made to clone, change, reverse engineer, or tamper with or use any Resold Product other than in connection with the Services.
11. Uptime Guarantee
- -> Any service interruptions or downtime due to scheduled maintenance by TechMentor or our network providers will not count towards the uptime guarantee.
- -> TechMentor is not liable in any way for failure of third party services.
- -> TechMentor will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
12. Account Security and Company Systems
- (a) You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
- (b) Your password provides access to your account. It is your responsibility to keep your password secure.
- (c) Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
- (d) Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
- (e) You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- (f) You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- (g) You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. TechMentor will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- (h) It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- (i) The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- (j) Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- (k) Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
- (l) We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
13. Free Trial
TECH MENTOR WEB SERVICES PRIVATE LIMITED may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by TECH MENTOR WEB SERVICES PRIVATE LIMITED until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, TECH MENTOR WEB SERVICES PRIVATE LIMITED reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
14. Fee Changes
TECH MENTOR WEB SERVICES PRIVATE LIMITED, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TECH MENTOR WEB SERVICES PRIVATE LIMITED will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
15. Domain Payments
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- Domain Registrations:No refund is applicable once the domain is registered.
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- Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in
- Domain Renewal: We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.
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16. Billing and Refund Policy
- (a) If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for cheque to clear. If paying via cash your account will be set up on the same day.
- (b) The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
- (c) Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.
- (d) The modifications done in pricing pattern or policy by the software license company will take effect immediately on TechMentor clients.
- (e) The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting and Email hosting.
- (f) No refund will be made if your Service(s) are suspended or terminated for cause.
- (g) There is limitation of every hosting platform. On an Open VZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won’t be eligible for refund in such cases.
- (h) The refund will not cover any kind of taxes, setup fees, refund processing fee or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.
- (i) Shared Hosting: Silver / Gold / Platinum Plans: 1 free .COM domain is offered with purchase of every new Silver/Gold/Platinum plan for 1/3 years. You may transfer your existing .com domain under this offer. Domain name will be free for the first year and renewal charges will be applicable from the second year.
- (j) You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.
- (k) If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with TechMentor if you fail to pay the difference amount.
- (l) Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
- (m) The payments made through bank transfer, cheque, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
- (n) The refund request placed after 30 days will not be processed and you will not be eligible for any refund.
- (o) The cancellation request should be sent through client area.
- (p) After sending the cancellation request, it would take 14 days to complete the refund process.
17. Cancellation Process
- (a) At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
- (b) You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
- (c) It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.
18. Taxes
The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable.
19. Late Payment or Non-Payment
- (a) Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
- (b) If your account gets terminated, the data residing on it won’t be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
- (c) We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
20. Invoice Disputes
For any queries related to cost on your account, do reach out to our billing team at billing@techmentor.com.
21. Account Termination
Your hosting account at TechMentor can get terminated due to following reasons:
- You decide to discontinue
At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours. - Cancellation upon expiration
If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date). - You did not renew
In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 48 hours (after the expiration date). - You violate our Terms of service
If you violate our terms of service during your subscription period at TechMentor it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we would usually take instant action. - Potential fraud
We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately. - A Dispute or ChargeBack
During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with TechMentor before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and TechMentor shall not be liable for the same.
22. Backup Policy
- (a) Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. TechMentor does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- (b) You as a TechMentor User agree that in no case, TechMentor can be held responsible for the loss of data in any circumstances.
- (c) Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by TechMentor will not have any emails or media file included in it.
- (d) Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
23. Certain Services; 404 Error Page
If you haven’t configured a 404 page, our default page for the 404 error page will load when a visitor tries to access a URL that has no information. By not creating a 404 page, you hereby agree and authorize the Company’s placement of a default 404 error page. This 404 error page of the company may contain advertisements and other information about the company and its services. As a company, we reserve the right to withhold and collect all revenue generated from these advertisements.
24. Third-Party Beneficiaries
Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor shall anything in this Agreement be construed to grant any rights on any individual other than the Parties hereunder and their respective successors and approved assignments. Notwithstanding the above, the customer recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.
25. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
TECH MENTOR WEB SERVICES PRIVATE LIMITED has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of TECH MENTOR WEB SERVICES PRIVATE LIMITED or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
26. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
27. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
28. No Use by Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
29. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
30. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TECH MENTOR WEB SERVICES PRIVATE LIMITED and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of TECH MENTOR WEB SERVICES PRIVATE LIMITED.
31. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@techmentorcloud.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
32. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at support@techmentorcloud.com.
33. Error Reporting and Feedback
You may provide us either directly at support@techmentorcloud.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
34. Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by TECH MENTOR WEB SERVICES PRIVATE LIMITED.
TECH MENTOR WEB SERVICES PRIVATE LIMITED has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
35. Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
36. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
37. Governing Law
- (a) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
- (b) You agree that the Courts of Bhopal, Madhya Pradesh (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of these TOS as well as any other document entered into by the Parties shall be governed by the laws of India.
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
38. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
39. Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
40. Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
41. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
42. Contact Us
Please send your feedback, comments, requests for technical support by email: support@techmentorcloud.com.