For the purpose of these TERMS AND CONDITIONS unless otherwise specified in the subject or context the following terms shall be deemed to have the following meanings :

1.1. Day means 24 hours commencing from 0.00 hrs and ending with 24.00 hrs and include a part of the day.

1.2. Month means calendar month commencing from 1st of every month till the end of that month and includes a part of the month.

1.3. Year means calendar year comprising of 12 calendar months commencing from 1st January and ending with 31st December and includes part of the year.

1.4. CUSTOMER OR CLIENT OR USER means someone who pays for NETZLAND’s services.

1.5. “NETZLAND's Equipment" shall mean computers and telecommunications devices, Internet access and/or transmission rights owned, operated, and/or maintained by NETZLAND and/or NETZLAND's agents or assigns which function to provide the NETZLAND Services.

1.6. "NETZLAND" "us”, "we”, "our" and grammatical variants thereof shall collectively refer to NetZland Telecom Pvt. Ltd., a corporation organized and existing under the laws of the State of Maharashtra located at E-202, 2nd Floor, Tower No.-3, International Infotech Park, Vashi, New Mumbai , India - 400705, and its assigns and successors in interest.

1.7. "NETZLAND Services" shall mean the products and services provided by NETZLAND at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in NETZLAND's sole discretion.

1.8. "NETZLAND Software" shall mean any software provided by NETZLAND at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the NETZLAND Services. The NETZLAND Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.

1.9. "Bandwidth" shall refer to the rate of data transmission in bits per second using NETZLAND's Equipment.

1.10. Bit is the smallest unit of measure for computer data.

1.11. Byte is the group of eight bits enough to represent a character.

1.12. Mb Means Megabits.

1.13. MB Means Megabyte.

1.14. Gb Means Gigabits.

1.15. GB Means Gigabyte.

1.16. “UNLIMITED BANDWIDTH” means unlimited amount of data you have available to transfer web pages from the web server to the browsers of any visitors to your site. Web pages and graphics consume bandwidth or capacity on the web. Bandwidth and disk space cost money.

1.17. “UNLIMITED DATA TRANSFER” means the speed with which unlimited data can be transmitted from one device to another. Data rates are often measured in megabits (million bits) or megabytes (million bytes) per second. These are usually abbreviated as Mbps and MBps, respectively.

1.18. POP3 is the abbreviation for Post Office Protocol - a data format for delivery of emails across the Internet.

1.19. SMTP Means Simple Mail Transfer Protocol is a protocol used to send Email.

1.20. IMAP Means Internet Message Access Protocol is gradually replacing POP3 as the main protocol used by email clients in communicating with email servers. Using IMAP an email client program can not only retrieve email but can also manipulate message stored on the server, without having to actually retrieve the messages. So messages can be deleted, have their status changed, multiple mail boxes can be managed, etc.

1.21. MTA Means Mail Transfer Agent, the program responsible for delivering e-mail messages. Upon receiving a message from a mail user agent or another MTA it stores it temporarily locally and analyses the recipients and either delivers it (local addressee) or forwards it to another MTA. In either case it may edit and/or add to the message headers.

1.22. Outlook Express is a product of Microsoft which is an email and news client bundled with Microsoft Windows operating systems.

1.23. Web Mail means another method for accessing e-mail through Internet Explorer, Netscape Navigator or with any web browsers.

1.24. No-Spam Means Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Violaters will be fined.

1.25. Junk Mail Means an excessive number of unwanted or unsolicited emails.

1.26. Virus Means a dangerous computer program with the characteristic feature of being able to generate copies of itself, and thereby spreading. Additionally most computer viruses have a destructive payload that is activated under certain conditions.

1.27. Control Panel Means Manage Email Accounts, FTP Accounts, Web Statistics Report, Manage Database, Manage Users Accounts informations etc.

1.28. Email Forwarding Means services automatically redirect your email to an existing email account.

1.29. Email Aliases Means Hosting Companies provide you with a way to receive email @yourbusiness.com. Depending on the company, you often times can specify several email aliases such as: info@yourbusiness.com, or employee’s name@yourbusiness.com. Generally this email is then forwarded or redirected to an existing email address or addresses.

1.30. Linux Means it is a free open-source operating system based on Unix. Linux was originally created by Linus Torvalds with the assistance of developers from around the globe.

1.31. Windows is an operating system with a Graphical User Interface developed by Microsoft.

1.32. MySQL Means (pronounced "my ess cue el") is an open source relational database management system (RDBMS) that uses Structured Query Language (SQL), the most popular language for adding, accessing, and processing data in a database. Because it is open source, anyone can download MySQL and tailor it to their needs in accordance with the general public license. MySQL is noted mainly for its speed, reliability, and flexibility.

1.33. Dedicated Server Means, in the Web hosting business, a dedicated server refers to the rental and exclusive use of a computer that includes a Web server, related software, and connection to the Internet, housed in the Web hosting company's premises. A dedicated server is usually needed for a Web site (or set of related company sites) that may develop a considerable amount of traffic. The server can usually be configured and operated remotely from the client company.

1.34. Dedicated Mail Server Means a professional email services for corporate customers who have hundreds or more users with many more features.

1.35. Shared Server Means in the Web hosting business, a web server is shared by different CUSTOMERS/CLIENTS to use of a computer that includes a Web server, related software, and connection to the Internet, housed in the Web hosting company's premises.

1.36. Shared Mail Server Means many CUSTOMERS/CLEINTS/USERS can shared mailing services with one Mail Server with their respective domain names and users accounts followed by password.

1.37. Data Center Means a physical structure, usually a stand-alone building, that is designed to house a multiplicity of computers. Data centers can be private, serving a single company or, more commonly, a public “utility” serving a variety of companies.

1.38. Download Means to copy a file from “Internet” down to CUSTOMER/CLIENT/USER’s computer System.

1.39. Internet Means connection of CUSTOMER’s computer to the Global network through the Internet service provided by any ISP where by logically linked together by a globally unique address based on Internet Protocol or its subsequent enhancement/upgradations using the TCP/IP suit or its subsequent enhancement/upgradations and all other IP compatible protocol.

1.40. ISP means Internet Service Providers.

1.41. Domain Name means a name which is the text name corresponding to the numeric IP address of a computer on the Internet. A domain name must be unique. Internet users access your website using your domain name. download The process of copying files, information and images from the Internet to your computer. Every time a visitor accesses a page on the Internet, they are downloading the contents of that page.

1.42. “Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.

1.43. “Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

1.44. "Fee" shall mean monies and other consideration you are obligated to pay to NETZLAND for the right to use the NETZLAND Services subject to the terms and conditions of this Agreement and of the particular NETZLAND Services for which you have registered, as outlined on the then-current schedule of fees. Fees may be changed at any time on thirty days notice.

1.45. " Fee Schedule" shall mean the fees for the NETZLAND Services as published on the NETZLAND website, which may be modified at any time in NETZLAND's sole discretion pursuant.

1.46. "Parties" shall collectively refer to NETZLAND and you.

1.47. "Suspend" or "Suspension" shall include the disabling of your services which are being provided by NETZLAND.

1.48. "Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

1.49. "Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by NETZLAND's web server equipment.

1.50. "You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

1.51. "Your Web Site" shall mean data transmittable via the Internet by NETZLAND which is stored in Web Site Space.

1.52. "Your Services" shall mean the specific NETZLAND Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for that pursuant to the current Fee Schedule.

  Description

Subject to and conditioned upon NETZLAND's retained rights and all other terms and conditions set forth in this Agreement, NETZLAND offers the NETZLAND Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify NETZLAND of any unauthorized uses of the account or any other breaches of security. NETZLAND cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will NETZLAND be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The NETZLAND Services are subject to the following conditions and restrictions:

2.1. Web Hosting Services

2.1.1. NETZLAND shall provide to you a non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of NETZLAND's Equipment for purposes consistent with this Agreement.

2.1.2. NETZLAND, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. NETZLAND is not obligated to provide any Customer Services except as specified in the service section. Any and all requests for additional Customer Service may be refused by NETZLAND with or without reason. Any additional Customer Service which NETZLAND may subsequently agree to provide to you shall be at NETZLAND's sole discretion and once commenced, may be terminated at any time by NETZLAND without notice to you and without any liability to NETZLAND. Notwithstanding the foregoing, NETZLAND at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to NETZLAND.

2.1.3. NETZLAND, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site consisting of replying to communications from and to end users dealing with problems or questions relating to technical matters involving software or services provided by us to you. While NETZLAND is not obligated to provide any Technical Support except as specified in the service section. You may contact us to request additional Technical Support on a fee for service basis to be arranged between NETZLAND and you. Any and all requests for additional Technical Support may be refused by NETZLAND with or without reason, in its sole discretion. Any additional Technical Support which NETZLAND may subsequently agree to provide to you shall be at NETZLAND's sole discretion and once commenced, may be terminated at any time by NETZLAND without notice to you and without any liability to NETZLAND. Notwithstanding the foregoing, NETZLAND at its sole discretion may at any time alter or cease providing the Technical Support which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to NETZLAND.

2.1.4. All use of Web Site Space and provision of services to you by NETZLAND shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or NETZLAND's services by entering into multiple agreements.

2.1.5. Currently NETZLAND offers UNLIMITED BANDWIDTH / DATA TRANSFER from Your Web Site, e-mail traffic, and downloads for certain services mentioned in the service and plan sections. You should not exceed your Web Space, Email Space etc. as agreed between you and NETZLAND else NETZLAND shall charge you an extra fees if you exceed from your plan rate.

2.1.6. NETZLAND may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, and take any other actions it deems necessary, in its sole discretion, to comply with the relevant laws if it is informed or otherwise believes, in its sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute.

2.2. Domain Name Registration

2.2.1. Should you choose to register a domain name through NETZLAND, NETZLAND will register a TLD (Top Level Domain) domain name .COM, .NET, .ORG, .BIZ, .INFO, .TV on your behalf, provided such domain name is available for registration. NETZLAND acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. NETZLAND assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. NETZLAND shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize NETZLAND to debit your credit card for any such fees and costs.

2.2.2. You acknowledge and agree that NETZLAND or its agents, assignees or licensees may, upon registration of your domain name, associate any data of any kind, in NETZLAND's sole discretion, with the Domain Name registered in association with Your Web Site until you replace such data with the Web Site.

2.2.3. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement.

2.2.4. You shall inform NETZLAND of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute, within five days of notification of same. You shall provide NETZLAND of notice of any negotiations with third parties with respect to the ownership and/or intellectual property rights to your domain within five days of the commencement of such negotiations. Should you lose your right to use a domain name which is used in connection with the NETZLAND Services, whether through expiration of the domain name, judicial decree, administrative decisions otherwise, you agree to inform NETZLAND immediately of the party to whom the domain name is to be transferred and you authorize NETZLAND to take any and all action necessary to effect such transfer.

2.2.5. NETZLAND will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize NETZLAND to debit your credit card for the one-year registration fee and any related fees or charges.

2.2.7. NETZLAND may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, and take any other actions it deems necessary, in its sole discretion, or relevant laws if it is informed or otherwise believes, in its sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth, you waive any and all clams you may have, now and forever, against NETZLAND relating to the registration, use, and subsequent transfers of your domain name and agree to indemnify and hold harmless NETZLAND from and against any such claims.

2.2.8.

1. Validity of Web Space / Domain name registration is for a period of 1 (one) year from the date of account creation / date of registration unless otherwise specified.

2. The service entitlement / features are not transferable.

3. Official communication has to be sent to India@netzland.net for any changes to be made in postal address, e - mail ids or any other service features.

4. Payment has to be sent before the due date mentioned in the invoice failing which account will be deactivated.

5. NETZLAND does daily backup. However, clients are advised in their own interest to arrange for their own local backup of their work.

6. Accounts cannot be used for any of the following purpose : Spamming or sending unsolicited commercial mail, software piracy, distribution of pornographic material, hacking or attempting to use machine or network resources for unlawful / illegal purposes. Any account violating these rules will be terminated immediately and no refunds will be issued, not withstanding penal provisions under the Indian Cyber laws enacted by the Govt. of India from time to time.

7. Data transfer charges per month will be applicable for clients who exceeds the bandwidth limit set by the company for NETZLAND certain services.

8. Services are provided on 'as is where' basis. NETZLAND cannot and will not be held liable for any loss, damages, whether direct, indirect, incidental or consequential that may arise out of use of NETZLAND 's services.

9. NETZLAND reserves the right to alter, amend or change these policies at any time. All accounts are required to comply with any changes made to these policies while their account are active. Notification of any major changes to the policies will be emailed to all accounts.

10. Renewal account are advised to pay the annual charges before due date of their accounts to avoid deactivation.

11. Service specifications and pricing subject to change without notice.

12. NETZLAND reserves the right to register/renew/transfer domain names of the existing/new customers.

13. Domain Name Registration/Renewal will be done only for NETZLAND clients i.e, those who avail web space form NETZLAND.

14. CUSTOMER is bound to pay all outstanding balance, even in the event CUSTOMER has declared service termination, or in the event of prior service termination by NETZLAND due to breach of Subscription Regulation and Web Hosting Services Application.

15. Content, Terms and Condition of this subscription are subject to Law and Regulation in effect within the jurisdiction of the Govt. of India.

2.3. Email

NETZLAND shall provide users with access to a rich collection of resources, including various communications email tools like POP3, SMTP, IMAP, Web Mail services as per the plans and agreed between CUSTOMERS and NETZLAND. Regarding the email services, you are agreed NOT to use as follows –

Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.

Harm minors in any other way.

Make any sexual request on behalf of a minor or make any sexual request of a minor.

"Stalk" or otherwise harass another.

Collect or store personally identifying information about other users for commercial or unlawful purposes.

Impersonate any person or entity, including, but not limited to, a NETZLAND Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.

Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.

Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

Making available copyrighted software or other Content that has had the copyright protection removed.

Making available serial numbers for software that can be used to illegally validate or register software.

Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.

Making available any software files for which the user does not own the copyright or have the legal right to make available.

Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.

Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the NETZLAND Network.

Use automated means, including additional computers, software and scripts, to enhance play in NETZLAND Network games and promotions.

Use automated means, including spiders, robots, crawlers, or the like to download data from any NETZLAND Network database.

Conduct your own contests and promotions.

Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.

Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any NETZLAND database, including, without limitation, by incorporating data from any NETZLAND database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.

Sell, distribute, or make any commercial use of data obtained from any NETZLAND database or make any other use of data from any NETZLAND database in a manner which could be expected to offend the person for whom the data is relevant.

Create and maintain a NETZLAND Network web page (including, but not limited to, an Angelfire or Tripod home page) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a Tripod home page, post pictures to the Tripod home page, and have other web pages call the Tripod home page page to retrieve those pictures.

Create and maintain a NETZLAND Network web page that contains hyperlinks to content not permitted on the NETZLAND Network.

Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.

Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.

Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.

Disobey any NETZLAND employee or representative or interfere with any action by any NETZLAND employee or representative to redress any violation of these Terms and Conditions.

Access the Products and Services after your account or access has been terminated by NETZLAND.

Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of NETZLAND or the party from whom such software may be licensed.

Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.

Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the NETZLAND Network community or the spirit of these Terms and Conditions.

Advertise, offer for sale, or sell any of the following items:

Any firearms, explosives, or weapons.

Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial purposes.

Any alcoholic beverages.

Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.

Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.

Any controlled substances or pharmaceuticals.

Any items that are counterfeit or stolen.

Any dangerous items.

Any goods or services that do not, in fact, exist.

Any registered or unregistered securities.

Any items that violate or infringe the rights of other parties.

Any items that you do not have the legal right to sell.

Any items where paying NETZLAND any of the required transactional or listing fees would cause NETZLAND to violate any law.

Client shall pay NETZLAND for Domain Registration/Transfer/Renewal, Web Hosting & Emailing Services and other services offered by NETZLAND according to the terms set forth in Exhibit. Client shall pay

(a) All Fees in advance

(b) Fees for other services are invoiced

(c) Any security deposit as set forth in any attachment to this

agreement

(d) For any additional services, Host may change the price charged for

the services to the Client.

4.1. Client is responsible for providing all Web Site contents and/or software necessary to access the hardware and systems provided by Host. Client agrees to adhere to Host’s Acceptable Use Policy, and is available online at http://www.netland.net.

4.2. The acceptable Use Policy may be modified from time to time in Host’s sole discretion. Client’s continued use of the Services after the effective date of such modified Acceptable Use Policy will constitute. Client’s acceptance of the modified terms. Failure by Client to adhere to the Acceptable Use Policy, or any modifications thereto will constitute a material breach of this agreement.

4.3. Client hereby warrants to Host, and agrees that during the term of this Agreement it will ensure that

4.3.1.Client is the owner or valid licensee of all data and/or content it will upload in conjunction with the Services (the “Content”), and that Client has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Content and each element thereof, including without limitations, all trademarks, logos, names and likeness contained therein, without any obligation by Host to pay and fees, residuals, guild payments or other compensation of any kind to any person.

4.3.2. Client’s use, publication and display of the Content will not infringe, any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated.

4.3.3. Client will comply with all applicable laws, rules and regulations regarding the Content and will use the services only for lawful purposes.

4.3.4. Client has used its best efforts to ensure that the Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other type of malicious code.

4.3.5. Client will cooperate fully with Host in connection with Hosting performance of the Services.

  Service Level Agreement

THIS AGREEMENT DESCRIBES SERVICE LEVEL COMMITMENTS PROVIDED TO YOU BY THE COMPANY

5.1. Technical Support

NETZLAND will provide you with technical support on setup of your Control Panel Account, the FTP account, access, POP3, SMTP & IMAP and other server related issues at no additional charge. Company will not provide development-related support for web applications, scripts, or components from third parties or those web sites developed by you.

Phone support is available Monday through Saturday, excluding national holidays, from 9.30 am to 8 pm India time. Email support is available 24 hours a day, 7 days a week, 365 days per year. Please be prepared to provide a full description of the problem and your account username.

NETZLAND’s standard response time to technical support issues is within one hour. This time depends on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to the servers' unavailability. These issues are addressed first upon notification from a customer.

Technical Support.

5.2. Billing

5.3. Sales

5.4. Services

5.5. NETZLAND ® Control Panel

NETZLAND provides Control Panel to you to perform all technical routine information and management tasks for your Web Hosting, Domains, Emailing, Invoices etc.

The Company services do not include installation of third-party software beyond the standard configuration outlined in your plan’s description. Requests for modification to the standard configuration will be considered on a case-by-case basis. Approval of such modifications will be at the Company’s sole discretion and will be based upon maintaining functionality, usability, security, and stability in the shared server environment.

5.6. Servers Availability

NETZLAND’s primary commitment is to provide outstanding Web Hosting & Emailing service to all customers. To support this commitment, NETZLAND observes the following schedule of remedies for any failure to meet the express guarantees in this Service Level Agreement.

5.6.1. Web Server Availability

The Company guarantees at least 99.9% Application Server Availability. Application (Web) Server Availability is defined as the ability to retrieve the HTTP headers from the hosting server, calculated on a monthly basis. The Company will not monitor availability of individual web sites but only monitors the server availability as a whole.

Denial of service attacks or other types of attacks directed toward the web server resulting in or contributing to downtime will not be included in Web Server Availability calculations.

5.6.2. Web Server Availability Monitoring

To verify that Application Server Availability, the Company will probe HTTP service to retrieve HTTP headers on the server every five minutes, with a 30-second failure threshold. If the probe is not successful, the server is considered non-operational and is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to technical support and the system administrators.

If two or more consecutive server probes fail, server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than five minutes in duration is not recorded. The Company will calculate server uptime and refund eligibility amounts based on this type of server monitoring.

5.6.3. Mail Server Availability

The Company guarantees at least 98.5% Mail Server Availability. Mail Server Availability is defined as the ability to retrieve the SMTP and POP headers from the mail server, calculated on a monthly basis. The Company will not monitor availability of individual mail accounts or mailboxes but only monitors the server availability as a whole.

Denial of service attacks, mail bombing, and other flooding techniques directed toward the mail server resulting in or contributing to downtime will not be included in Mail Server Availability calculations.

The outgoing email protocol used on the mail server (SMTP) is a "store-and-forward" type of protocol that does not guarantee immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempts delivery according to a predefined schedule. If the message fails to be sent for 48 to 72 hours, the messages will be returned to the sender.

5.6.4. Mail Server Availability Monitoring

To verify that the server is available, the Company will probe SMTP and POP services (retrieve SMTP and POP headers) every five minutes with a 30-second threshold. If either service does not respond, the service is considered non-operational and is automatically restarted. If rebooting the server does not solve the problem, it is immediately escalated to technical support and the system administrators.

If two or more consecutive SMTP or POP tests fail, server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than five minutes in duration will not be recorded. The Company will calculate Mail Server Availability and refund eligibility amounts based on this type of server monitoring.

5.6.5. Network Availability

Network Availability is defined as the ability to pass incoming and outgoing TCP/IP traffic through the Company’s network. Application and mail server unavailability resulting from loss of Network Availability is not included in Mail Server Availability or Application Server Availability calculations if the Network Availability loss is caused by any factor(s) beyond the Company's control, including such factors as problems on the backbone or on the customer's portion of the network, and denial of service or similar attacks directed at the Company servers or the Company’s network.

5.6.6. Scheduled Maintenance

To maximize optimal performance of the servers, the Company will perform routine maintenance on the servers on a regular basis, requiring servers to be removed from service. The Company reserves one hour of server unavailability per month for maintenance purposes. This server unavailability will not be included in server uptime calculations. The maintenance is typically performed during off-peak hours. The Company will provide You with advance notice of maintenance whenever possible.

5.6.7. Storage Capacity & Data Transfer

Each account is allotted storage capacity and Unlimited data transfer amounts on the Company servers according to the plan and options selected by You. This storage size can be increased through the NETZLAND® Control Panel for an additional charge up to the maximum amount allowed for each plan or service. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.

5.6.8. Ownership Of Data

All data created by You and/or stored by You within the Company's applications and servers are considered by the Company to be your property and is for your exclusive use unless access is permitted by You. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company's Privacy Policy ( http://www.netland.in ). The Company makes no claim of ownership of any web server content, email content, or any other type of data contained within the account holder's server space and applications on the Company's servers, unless the Company has a good faith belief that such content or data is owned by the Company, its agents, affiliates or vendors.

5.6.9. Data Integrity

The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers; the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. The Company performs routine server backups for disaster recovery purposes only. Server backup scope and scheduling is at the Company's sole discretion. The company shall not perform back up or restore the data upon your request unless such back up is provided as a service under your purchased plan.

5.6.10. Data Retention

The company shall not be responsible for retaining any of your data after account termination. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation. The company shall not restore, provide on any storage media or send out any data pertaining to existing or terminated accounts.

5.6.11. Customer Responsibilities

To access NETZLAND services You must provide at the very minimum:

· an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;

· a fully functional Internet browser;

· a fully functional POP/SMTP/IMAP e-mail program (client);

· tools to develop and publish content as You find suitable and necessary;

· tools to access database servers if such services are purchased by You.

6.1. Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions. NETZLAND may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.

6.2. Notwithstanding the provisions of Paragraph 6.1. to the contrary, NETZLAND offers certain services like Dedicated Mail Server Hosting Packages, Dedicated Server Hosting Packages for which the term of this Agreement shall be thirty-six months (the "36-Months Server Packages"), at the end of which this Agreement shall renew automatically for another twenty-four (24) months. Any and all service fees for the 36-Months Server Packages are due and payable for the entire initial term thereof, and should you terminate, attempt to terminate, or otherwise default on this Agreement prior to the end of the initial term, NETZLAND shall charge you as per the package plans. Fees paid for the 36-Months Server Packages are not refundable unless this Agreement is terminated by NETZLAND without cause or as otherwise agreed to in writing by NETZLAND in its sole discretion.

6.3. You or NETZLAND may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. NETZLAND may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Services immediately and without notice as per the following reasons :

6.3.1. If NETZLAND, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligations.

6.3.2. If your credit card issuer refuses or cheque payment bounces or no payment of fees or charges or you refuse authorization for same.

6.3.3. If payment for the NETZLAND Services is more than fifteen days overdue.

6.3.4. You further agree that in the event that NETZLAND believes, in its sole discretion, that you have breached any provision(s) of this Agreement, or any of its subparts, by storing or allowing material such as that described in the Terms and Conditions , or any of its subparagraphs, to be transmitted by NETZLAND's Equipment, that NETZLAND may without any liability to you, and in addition to any other remedies, erase or purge such materials from NETZLAND's Equipment without prior notice to you.

6.3.5. After termination, you will no longer have access to your account and all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account may be deleted. NETZLAND accepts no liability for such deleted information or content. NETZLAND may, in its sole discretion, make such information or content available to you to the extent it has not been deleted.

7.1. It is NETZLAND's policy to respect your privacy. NETZLAND will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless NETZLAND deems it necessary, in its sole discretion to:

7.1.1. comply with legal process or other legal requirements, including but not limited to responding to subpoenas or other requests for information from law enforcement officials;

7.1.2. protect and defend the rights or property of NETZLAND or its officers, agents, affiliates, and licensees;

7.1.3. enforce this Agreement; or

7.1.4. protect the interests of other NETZLAND customers.

7.2. NETZLAND RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.

7.3. Your IP address is transmitted and recorded with each message you send using the NETZLAND Services. NETZLAND does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the NETZLAND Privacy Policy

10.1. NETZLAND may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to NETZLAND. Such notice is deemed effective whether you receive it or not.

10.2. You may provide notice to NETZLAND in one of the following ways:

10.2.1. by personal delivery;

10.2.2. by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid or any courier-

10.2.3. by facsimile transmission(FAX)

10.2.4. by e-mail and registered or certified mail.

11.1. In the event of "force majeure" (as defined below), NETZLAND may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond NETZLAND's reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which NETZLAND cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the NETZLAND Services are located or maintained or through which the NETZLAND Services are provided, and non availability of any permits, licenses and/or authorizations required by governmental authority.

11.2. NETZLAND reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the NETZLAND Services (or any part thereof) with or without notice, including the right to cease all business operations in India. You agree that NETZLAND shall not be liable to you or to any third party for any modification, suspension or discontinuance of the NETZLAND Services.

YOU AGREE TO NEGOTIATE WITH NETZLAND IN GOOD FAITH TO RESOLVE OR SETTLE ANY CLAIM OR DISPUTE IN ANY WAY RELATING TO OR CONCERNING THIS AGREEMENT. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY THE RULES OF GOVT. OF INDIA. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Government Of India.

In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND NETZLAND THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived. Should any legal fees, costs, or other expenses be incurred by any party with regard to enforcement of this arbitration and jury waiver provision, NETZLAND shall be entitled to recover such legal fees, costs, or other expenses without regard to whether NETZLAND prevails in the underlying case.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES AND CANCELS ALL OTHER PRIOR AGREEMENTS, DISCUSSION, OR REPRESENTATIONS, WHETHER WRITTEN OR ORAL. NO OFFICER, EMPLOYEE OR REPRESENTATIVE OF NETZLAND OR YOU HAS ANY AUTHORITY TO MAKE ANY REPRESENTATION OR PROMISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER THEREOF WHICH IS NOT CONTAINED EXPRESSLY IN THIS AGREEMENT, AND NETZLAND AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER NETZLAND NOR YOU HAVE EXECUTED THIS AGREEMENT IN RELIANCE UPON ANY SUCH REPRESENTATION OR PROMISE.

WITHOUT LIMITING THE FOREGOING, NETZLAND SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE NETZLAND WEB SITE. NETZLAND FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS NETZLAND MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL NETZLAND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST NETZLAND WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.