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Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal Web Site Hosting License Agreement This Web Site Hosting Agreement ('Agreement') is by and between Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal ('Himalayan Hosting'), a California Company and or Nepali Pvt. Ltd, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal. By using Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal may establish from time to time. 1. FEES As consideration for the services purchased by You and provided to You by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal, You agree to pay Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal a monthly fee to be paid under a yearly contract. Payment is to be made by You providing a valid credit card or money deposit in the himalayan bank account for charge by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal, and is non-refundable. If for any reason Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal is unable to charge your credit card or validate the amount of deposit with the full amount of the service provided, or if Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal is charged back for any fee it previously charged to the credit card You provided, You agree that Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal may pursue all available remedies in order to obtain payment. 2. TERM OF AGREEMENT; MODIFICATIONS The term of this agreement shall continue in full force and effect as long as Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal is providing Web Hosting services to You. You agree that Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal may modify this Agreement from time to time. Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal may also discontinue services it provides under this Agreement. You agree to be bound by any changes Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal may reasonably make to this Agreement when such changes become effective. 3. DESCRIPTION OF SERVICE Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal currently provides Web Hosting services to its customers for a yearly fee (can be paid in monthly installments). Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal will host Your web site on Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s policies and procedures. You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal. If Your web site includes GIF images and you are not using Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s WebSite Complete software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. 4. YOUR OBLIGATIONS You agree that You have provided accurate, current and complete information in the application process and that You will notify Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account. You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal will not be used in connection with any illegal activity. 6.Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal'S RIGHTS Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. You agree to indemnify and hold harmless Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal for any complications arising out of Your use of Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal’s Web Hosting services, including actions Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal chooses to take to remedy Your improper or illegal use of a web site hosted by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal. You agree You will not be entitled to a refund of any fees paid to Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal if, for any reason, Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal takes corrective action with respect to Your improper or illegal use of its Web Hosting services. 7. DISPUTE RESOLUTION POLICY You agree that if a dispute arises as a result of one or more web sites Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal is hosting for You, You will indemnify, defend and hold Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal harmless for damages arising out of such dispute. You also agree that if Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal, that Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal, in its sole discretion, may take whatever action Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled 10. LIMITATION OF LIABILITY You agree that Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal to You under this Agreement, and for any breach of this Agreement by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal, shall be limited to the fees You paid to Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal for Web Hosting services. 11. INDEMNITY You agree to release, defend, indemnify and hold harmless Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal and/or Your use of the Web Hosting services provided by Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal. 13. DISCLAIMER OF WARRANTIES. Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 14. SEVERABILITY You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. 15. VENUE; WAIVER OF TRIAL BY JURY THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF CALIFORNIA AND THE COURT SYSTEM IN THE KINGDOM ON NEPAL.. THE LAWS AND JUDICIAL DECISIONS OF MONTEREY COUNTY, CALIFORNIA, AND KATHMANDU DISTRICT COURT SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MONTEREY COUNTY, CALIFORNIA OR AND OF KATHMANDU MUNICIPALITY. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT. 16. NOTICES You agree that all notices (except for notices concerning breach of this Agreement) from Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at: Himalayan Consultants P.O.Box 8442 Monterey, CA 93943 USA AND OR International Date Center P.O.Box 1773 KATHMANDU, NEPAL Copyright © 2002 Himalayan Consultants California USA & International Data Center Pvt. Ltd Kathmandu Nepal All Rights Reserved.