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This agreement sets forth the terms and
conditions agreed to between you, the service subscriber, and
Sabaiko
Media Pvt. Ltd (further and inside the whole site called
only "Sabaiko Media"). Use of the services of Sabaiko
Media constitutes your agreement on
all and any terms and conditions of this agreement and other
supplemental policies. The terms may change without your prior
notice.
Content
All services provided by
Sabaiko Media may be used for
lawful purposes only. Transmission, storage or presentation of any
information, data or material in violation of any Nepal's law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be
threatening or obscene or material protected by trade secret and
other statute. The subscriber agrees to indemnify and hold harmless
Sabaiko Media from any claims resulting from the use of the service which
damages the subscriber or any other party. All pornographic content
and sex-related merchandising is prohibited on all Sabaiko Media servers.
This includes sites that may infer sexual content or links to adult
content elsewhere. Sabaiko Media will be the sole arbiter in determining
violations of this provision. Also prohibited are sites that promote
any illegal activity or present content that may be damaging to
Sabaiko Media servers or any other server on the Internet. Links to such
materials are also prohibited. Examples of unacceptable content or
links: Pirated software Hacker programs or archives Warez
sites, etc... Sabaiko Media will be the sole arbiter as to what constitutes
a violation of this provision.
Commercial Advertising
Email: Spamming, or the sending of unsolicited
email, from an Sabaiko Media server or using an email address or domain
that is maintained on an Sabaiko Media machine as reference is STRICTLY
prohibited. Sabaiko Media will be the sole arbiter as to what constitutes
a violation of this provision.
IRC and Server Abuse
We currently do not allow IRC or IRC bots to be
operated on our servers. Any attempt to undermine or cause harm to a
server, or customer, of Sabaiko Media is strictly prohibited. Unlinked
files, of text, or graph, or mixture of both, should not be stored
in your server. Heavy-duty CGI should not be installed and run in
shared servers.
Refusal of Service
We reserve the right to refuse, cancel, or suspend
service at our sole discretion. All Sub-Networks, distributive
hosting sites and dedicated servers of Sabaiko Media must adhere to the
above policies. Failure to follow any term or condition will be
grounds for immediate account deactivation. No refund will be issued
should a subscriber account is terminated because any terms and
conditions listed here are violated by the subscriber.
Limitation of Liability
Although
Sabaiko Media assures that you receive a service
as claimed, Sabaiko Media in no way assumes ANY responsibility for ANY
kind of loss associated with use of your virtual server by any cause
including, but not limited to, Sabaiko Media personal neglects, server
failure, misuse by the subscribers or web hosting service clients,
or God's act of any other kind. By using Sabaiko Media web hosting
service, subscribers or web hosting service clients agree to waive
their rights to challenge Sabaiko Media/Sabaiko Media. in any legal form should
any loss is caused during use of virtual servers.
Representations and warranties
Sabaiko Media MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR THE Sabaiko Media SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE.
Governing Law
You agree that any action to enforce this agreement
shall be brought exclusively in the Nepal's District Court in
the District Of Kathmandu that has the jurisdiction over the area
Sabaiko Media
is located in.
Domain Registration Service
agreement
This domain registration agreement between you
and Sabaiko Media sets forth the terms and conditions of this agreement
concerning your use of the domain registration services at
Sabaiko Media
including new domain registration, domain registration renewal, and
domain registrar transfer from Sabaiko Media to the recipient registrar or
vise versa unless otherwise specified. You acknowledge that you have
read, understood, and agree to be bound by all terms and conditions
of this agreement, as well as any additional rules or policies of
both Sabaiko Media and other authoritative organizations or governing
agencies that are mentioned in this agreement, or published or may
be published at Sabaiko Media web site from time to time.
This agreement as well as any additional rules and
policies, together with all modifications thereto, constitute the
complete and exclusive agreement between you and Sabaiko Media concerning
your use of the domain registration services, and supersede and
govern all prior proposals, agreements, or other communications. Use
of Sabaiko Media domain registration services constitutes your complete
agreement on the terms and conditions set forth in this agreement.
Domain Name Registration, Administration, and
Renewal Services
Sabaiko Media is a domain registration service provider
that is affiliated with both tucows.com and bulkregister.com, both
of which are accredited by ICANN, the Internet Corporation for
Assigned Names and Numbers. After receiving your orders, Sabaiko
Media
registers and or renews domain names including but not limited to
.com, .net, and .org gTLDs on your behalf. Sabaiko Media registers domain
names on your behalf to either tucows.com or bulkregister.com or
both at our discretion unless you specify which registrar you want
us to register your domain names to.
By submitting your order for the domain
registration services of Sabaiko Media, you acknowledge that you have
read, understood and agree to be bound by all terms and conditions
of ICANN's Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), and the registration agreement of bulkregister.com or
tucows.com, whichever accepts your domain registration, THIS
agreement of Sabaiko Media for all .com, .net and .org domain name
registrations or renewals. All the agreements and policies may be
changed from time to time without your prior notice. Make sure to
review this agreement often.
No Guarantee of Registration or Renewal
You acknowledge and agree that
Sabaiko Media cannot
guarantee that you will be able to register or renew a desired
domain name, even if an search query in whois database indicates
that the domain name is available. This is so because many factors
including, but not limited to the inaccuracy of whois database, the
competition for the domain name from other registrars, and any
registration system glitches may make your registration failed. You
further acknowledge and agree that Sabaiko Media may elect to accept or
reject your order for domain registration and or renewal for any
reason at its sole discretion. You also acknowledge and agree that
Sabaiko Media is not liable or responsible in any way for any loss or damage
caused by any actions by the domain registries and domain
registrars. In addition, you agree to indemnify, defend and hold
harmless the personnel and affiliates of the domain registries and
domain registrars from and against any and all claims, damages,
liabilities, costs, and expenses (including reasonable legal fees
and expenses) arising out of, or related to your domain registration
including but not limited to the new domain registration, the domain
renewal, registrar transfer for and the maintenance of a particular
domain name. You acknowledge and agree that it is your
responsibility to submit your order to renew your domain names. The
registries, registrars and Sabaiko Media will not automatically renew your
domain names with your order.
Your Representations
By using the domain registration services of
Sabaiko Media, you hereby represent and warrant to us that (a) your
registration data is complete and accurate; (b) to your knowledge,
your domain registration will not infringe upon or otherwise violate
the rights of any third party; (c) you are not registering the
domain name for an unlawful purpose; and (d) you will not knowingly
use the domain name in violation of any applicable laws or
regulations. You acknowledge and agree that it is your
responsibility to determine whether your domain registration
infringes or violates the rights of others. You knowledge and agree
that it is your responsibility to keep all the registration data
accurate and complete.
Domain Name Management
Sabaiko Media considers the entity named as the
administrative contact as the authority that has the power to change
any registration data including, but not limited to, administrative
contact, billing contact, and registrant information, domain name
server names and their corresponding IP numbers. You further
acknowledge and agree that change of any registration data will be
made by Sabaiko Media after email confirmation that the request is sent by
the administrative contact. Sabaiko Media confirms its identity of the
request sender by verifying the payment information for the domain
name, or email confirmation. You acknowledge and agree that
Sabaiko Media
is not in any way to safeguard your domain registration and domain
renewal, and registrar transfer, and is not liable or responsible
for any deletion or malfunction of your domain name which may lead
to your business and or financial loss. You agree that it is your
responsibility to watch the domain registration data including the
expiration date of your domain name from time to time. As a
courtesy, Sabaiko Media sends out domain renewal notice whenever
appropriate by postal mail and or email. Sabaiko Media does not
automatically renew your domain names unless you authorize us to do
so. You acknowledge and agree that it is your responsibility to send
your order to us in time to avoid any deletion or suspension of your
domain name or domain registration. The fees for domain registration
services are specified in this web site such as in the order form.
Domain Registrar Transfer
Registrar transfer per se, both from
Sabaiko Media to the
recipient register or vise versa, is free of charge at Sabaiko Media. When
you request your domain name be transferred from another registrar
to Sabaiko Media (so-called registrar transfer), Sabaiko Media will charge a fee
to renew your domain name for one year when it is being transferred
to us. In the case that you request your domain name be transferred
to another registrar, you acknowledge and agree that you must reply
to the confirmation email sent by Sabaiko Media to confirm your request
within 48 hours and Sabaiko Media has the right to reject the request if
the request remains unconfirmed within 48 hours. You acknowledge and
agree that only the administrative contact has the right to
authorize the registrar transfer for the domain name and only the
email confirmation by the administrative contact is taken as the
authorization for Sabaiko Media to release the domain name to the
recipient registrar. You acknowledge and agree that Sabaiko Media is not
liable for any loss that could be caused during the process of the
registrar transfer.
User Name and Password
Because of the nature of the registration process,
you may or may not have access to your domain record. In the case
that you have access to your domain name, you may request the
id/password be sent to you so you can manage your domain name
yourself. Please safeguard your user name and password because any
unauthorized use or misuse of your id/password could lead to loss of
your domain name or interruption of its function. You acknowledge
and agree that in no event will Sabaiko Media be liable for the
unauthorized use or misuse of your user name or password. In the
case that your domain name is registered to a registrar so that you
do not have access to the domain record, Sabaiko Media will assist you to
update the registration data upon your request. You acknowledge and
agree that it is your responsibility to monitor the updating of your
registration data and notify Sabaiko Media promptly of any failure of the
updating of your registration data.
Fees and Renewals
The fees for your domain name registration, domain
renewal and registrar transfer must be paid upon submission of your
order. Sabaiko Media takes actions only after the payment is made to
Sabaiko Media's bank account and or merchant account. In the case that you
fail by any means and for any reason to pay the fee while the domain
name is registered or renewed, you acknowledge and agree that
Sabaiko Media has the right to dispose the domain name at its sole
discretion including, but not limited to reselling the domain name
to another party or back to you at a price determined solely by
Sabaiko Media. You acknowledge and agree that all fees are nonrefundable, in
whole or in part, even if your domain name registration is
suspended, canceled or transferred prior to the end of your then
current registration term. You acknowledge and agree that
Sabaiko Media
has the right to change the domain registration fee, renewal fee,
and other fees associated with your domain registration without
prior notice. Sabaiko Media may add additional fees whenever it can
justify such fees
Changes of this Agreement and Additional Rules
or Policies
You acknowledge that
Sabaiko Media may modify this
agreement, as well as any additional rules or policies that are or
may be published by Sabaiko Media at this web site. Your continued use of
any domain registration service provided by Sabaiko Media shall constitute
your acceptance of this agreement as well as additional rules or
policies that are or may be published by Sabaiko Media. If you do not
agree on any of such changes, you may request that your domain name
registration be canceled or transferred (so called registrar
transfer) to another registrar. You acknowledge and agree that such
cancellation or request for transfer will be your exclusive remedy
and Sabaiko Media is not liable or responsible for loss of your domain
registration during the transfer for any reason.
Disclosure and Use of Registration Data
By using the domain registration service, you
represent and warrant that the registration data you submit is
complete and accurate. The registration data including the name and
address of the registrant, and the names, addresses, phones, and
email addresses, and affiliated organizations of the administrative
contact and billing contact entities. Your registration data is
subject to the public query though Whois database and other
channels. You acknowledge and agree that Sabaiko Media is not responsible
for preventing your registration data from being collected by any
individual and organization including, but not limited to the domain
registries and domain registrars. Sabaiko Media does not knowingly release
your domain registration data to any party at any time for any
reason except for legal compliance.
Agents and Licenses
You agree that, if you are using the services of
Sabaiko Media for your client, you represent that you have the authority to
nonetheless bind your client as a principal to all terms and
conditions provided herein, including the ICANN dispute Policy and
the agreement of our affiliated registrars. You accept liability for
any harm caused by wrongful use of the services. You agree that if
you license the use of a domain name registered in your name to a
third party, you shall be responsible for all obligations for the
domain registration and consequences from the leased use of your
domain name under this agreement.
Suspension, Cancellation, Rejection and
Modification of the Services
You acknowledge and agree that
Sabaiko Media may suspend,
cancel, reject or modify your use of the Sabaiko Media services at any
time, for any reason, at its own sole discretion. You also
acknowledge and agree that Sabaiko Media may reject, suspend, cancel,
transfer or modify your domain name registration if (a) you
materially breach this agreement and or any additional rule or
policy and do not remedy such breach within a time period specified
by Sabaiko Media after the breach occurs, (b) you use your domain name in
connection with unlawful activity.
You further acknowledge and agree that your domain
name registration is subject to suspension, cancellation, transfer
or modification by the domain registries and registrars pursuant to
the terms of any rules or policies applicable to your domain name
registration, including, but not limited to (i) the UDRP, (ii) any
ICANN adopted policies, (iii) registration agreement of the
applicable registrar, and/or (iv) the registries' policies and or
administrative procedures (v) court orders.
Limitation of Liability
YOU AGREE THAT
Sabaiko Media WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
LOSS AND OR DAMAGE DIRECTLY OR INDIRECTLY CAUSED BY ANY REASONS
INCLUDING, BUT NOT LIMITED TO (a) SUSPENSION, LOSS, OR MODIFICATION
OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME
REGISTRATION, (c) INTERRUPTION OF BUSINESS ASSOCIATED WITH YOUR
DOMAIN REGISTRATION, (d) DYSFUNCTION OF THE WEB SITE USING YOUR
DOMAIN NAME, (f) EVENTS BEYOND Sabaiko Media'S REASONABLE
CONTROL, (g) THE PROCESSING OF YOUR ORDER FOR DOMAIN REGISTRATION,
DOMAIN RENEWAL, AND REGISTRAR TRANSFER, (h) DOMAIN DISPUTES UNDER
THE ICANN DISPUTE POLICY OR ANY OTHER ADOPTED POLICIES FROM
AUTHORITATIVE ORGANIZATIONS OR AGENCIES, (i) REGISTRATION SYSTEM
FAILURE OR GLITCHES, (j) PERSONNEL NEGLECT FROM THE DOMAIN
REGISTRIES, DOMAIN REGISTRARS, AND Sabaiko Media, AND (k) GOD'S ACT.
IN NO EVENT SHALL Sabaiko Media'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR THE SERVICES WITH THE UP LIMIT $500.00.
Indemnification of Sabaiko Media
You agree to defend, indemnify and hold harmless
Sabaiko Media and its holding company Sabaiko Media and their personnel and
affiliates for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or
demand related to (i)your use of the domain registration, domain
renewal, and registrar transfer services at Sabaiko Media, and (ii) your
use of any domain name registered in your name.
Representations and Warranties
Sabaiko Media MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR THE Sabaiko Media SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, Sabaiko Media MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT
REGISTRATION, RENEWAL, REGISTRAR TRANSFER OR USE OF A DOMAIN NAME
UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME.
Governing Law
You agree that any action to enforce this agreement
shall be brought exclusively in the Nepal's District Court in
the District of Kathmandu that has the jurisdiction over the area
Sabaiko Media
is located in.
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