Effective date: 16 March 2019
This Terms of Service Agreement (this “Agreement”) is entered into by and between Firebeen and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of Firebeen services (“Services”) purchased or accessed through the Firebeen website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through FirebeenYour electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to Firebeen. The terms “you”, “your”, “User” "Subscriber" or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.Firebeen, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Last Revised Date: Dec 17st, 2019.
This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, Firebeen finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. Firebeen shall not be liable for any loss or damage resulting from Firebeen’s reliance on any instruction, notice, document, or communication reasonably believed by Firebeen to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice document or communication, Firebeen reserves the right (but undertakes no duty) to require additional authentication from you. (a) Domain names registered through Firebeen will be sponsored by HostControl.
In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to Firebeen that all information you submit when you create your Account is accurate, current, and complete and that you will keep your account information accurate, current, and complete. If Firebeen has reason to believe that your account information is untrue, inaccurate, out-of-date, or incomplete, Firebeen reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password, and payment method(s). For security purposes, Firebeen recommends that you change your password at least once every six (6) months for each account you have with Firebeen. You must notify Firebeen immediately of any breach of security or unauthorized use of your Account. Firebeen will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by Firebeen or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.
3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; the name of an authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association, or corporation
3.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update the information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Firebeen concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.3 Any registered name holder that intends to license the use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.5 For the adjudication of disputes concerning or arising from the use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
You agree not to host, display, upload, modify, publish, transmit, update or share any information that —
i) belongs to another person and to which the user does not have any right to unless you have written consent from the owner of the copyrighted material; ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii) harm minors in any way; iv) infringes any patent, trademark, copyright, or other proprietary rights; v) violates any law for the time being in force; vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii) impersonate another person; viii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. . Further, you acknowledge and agree that: - Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules, and regulations. - You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent. - You will not use this site or the services found at this site in a manner (as determined by Firebeen in its sole and absolute discretion) that:Is illegal, or promotes or encourages illegal activity; Promotes encourages or engages in child pornography or the exploitation of children; Promotes, encourages, or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; Promotes, encourages, or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site; Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Firebeen or Firebeen’s Services. - You agree to back-up all of your User Content so that you can access and use it when needed. Firebeen 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. - You will not use this Site or the Services found at this Site, including any of Firebeen’s related technologies, for any commercial use without Firebeen’s express prior written consent. Firebeen reserves the right to modify, change or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time. No refund will be processed if you violate any of the above "Rule of Conduct".
Firebeen generally does not pre-screen User Content (whether posted to a website hosted by Firebeen or posted to this Site). However, Firebeen reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Firebeen may remove any item of User Content (whether posted to a website hosted by Firebeen or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Firebeen in its sole and absolute discretion), at any time and without prior notice. Firebeen may also terminate a User’s access to this Site or the Services found at this Site if Firebeen has reason to believe the User is a repeat offender. If Firebeen terminates your access to this Site or the Services found at this Site, Firebeen may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Firebeen expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Firebeen in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Firebeen in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by any domain name registry, (iii) to assist with fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Firebeen, its officers, directors, employees, and agents, as well as Firebeen’s affiliates. (ix) Firebeen reserves the right to access, use, modify, download, execute your files, database, mails, etc. from your shared hosting or reseller hosting account to provide support, training, or solve your technical issues with or without taking/seeking your permission.In the case of VPS or Dedicated Servers with root access, we will solve your queries and provide support only when you provide us the login details. Firebeen expressly reserves the right to review every Account for excessive space and bandwidth utilization and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Firebeen, but also because it can overload Firebeen's network and disrupt service to Firebeen's subscribers. Also, maintaining an open SMTP relay is prohibited. In such cases, Refund will not be provided.
Firebeen is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.
Firebeen aims to achieve 99% Service Availability of its Services for all customers. In case of failure of Firebeen to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:
But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
Circumstances beyond Firebeen' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts); Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against Firebeen' network; Scheduled maintenance and system upgrades, or emergency maintenance; Any DNS or Domain Name Registry issues outside the direct control of Firebeen including DNS and Registry propagation issues and expiration; Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer's account in breach of Firebeen Terms and Conditions and Acceptable Use Policy; Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems; Delays in e-mail delivery; False SLA breaches reported as a result of outages or errors of any Firebeen measurement system; Outages elsewhere on the Internet that hinder access to your account. Firebeen is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.
The system logs of the servers would be retained as a backup in our server for at least 1 (one) month from the date of its creation. And otherwise, also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Firebeen user agree that in no case, Firebeen can be held responsible for the loss of data in any circumstances. Your use of the services is at your own risk. the company does not maintain backups of services purchased by you. You should not rely on the company for backup. It is solely your responsibility to maintain backups. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the company’s servers.
If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Firebeen. Firebeen assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Firebeen does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Firebeen from any and all liability arising from your use of any third-party website. Accordingly, Firebeen encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Firebeen, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Firebeen, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIESABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Firebeen ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Firebeen, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
IN NO EVENT SHALL Firebeen, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Firebeen IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Firebeen’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
1.)7 Days money-back guarantee: installation fee, Shared (web hosting), Reseller Hosting, SSL certificates, domain privacy, domain names, and licenses, or custom software installs.
Firebeen makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
Customer agrees to use the service in compliance with applicable law and this Agreement, in particular, Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Further:a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Banda, U.P., India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issues arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Firebeen shall address any grievances of users, whether registered or not, with respect to the website content or any other aspects connected therewith, in a time-bound manner. For this purpose, Firebeen has designated the following person as Grievance Officer in terms of Information Technology Act 2000:Customer Relation Officer Firebeen Group Email: email@example.com
The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in terms of the Information Technology Law.
a) Any notice or other communication required or permitted to be delivered to Firebeen under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to firstname.lastname@example.org c) All official / legal communications and correspondences with Firebeen Group has to be done in the English language only. Any correspondence received in any other language other than English will not be permissible and no legal action can be taken against Firebeen Group in such scenarios. D) Third-Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Firebeen that seek information, documents, or other business records. Third parties wishing to serve such process may do so in writing to the following address: Firebeen Group INDIA