Terms of Service (TOS)

With its cPanel Program, Outpower Hosting gives YOU, as a hosting client, the opportunity to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond Outpower Hosting's power to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on Outpower Hosting's servers, which suggests that you had better consider carefully any piece of information before uploading it to your newly allocated Outpower Hosting server space. It is recommendable that you avoid publishing personal data that could be abused online.

The order form completion represents the electronic signing of this document.

1. ENTIRE AGREEMENT; SERVICE AGREEMENT

Outpower Hosting shall provide its Services to You under the Terms and Conditions of this Service Agreement. You will be referred to as the Customer or the Customers, for short. In some places you might be referred to simply as YOU. The Agreement is intended to keep the integrity of Outpower Hosting on the one hand, and that of the Customer on the other, thus protecting both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Service Agreement constitutes the whole act of convention between Outpower Hosting and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.

Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.

You understand and agree that the Service is provided "AS-IS" and that Outpower Hosting assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.

2. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS

We separate the background-running operations/programs in 2 categories:

• Those used by Outpower Hosting

Outpower Hosting can continuingly run programs, named cron jobs, in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, Outpower Hosting avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel.

• Those used by the Customer

We do not allow background-running programs. These include any IRC-related software such as bouncers and bots. We provide a hosting service, not a shell service. You are not allowed to compile and run software on our hosting servers.

3. SCRIPTING AND BANNED SCRIPTS

You are free to use any scripts you wish provided they do not affect the servers' normal operation and are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Outpower Hosting reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

• Any type of DDOS script/program is strictly prohibited and the account will be suspended/terminated without notice if the same is found being used to attack other servers or uploaded to the server itself.
• Chat servers/scripts of any kind are strictly prohibited.
• Formmail is not allowed on our servers. You can use formmail scripts but they must be up-to-date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.

4. OPTIONAL SERVICES

These services include but are not limited to: Fantastico package, Mailing Lists and others, are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. OUTPOWER HOSTING'S ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. OUTPOWER HOSTING REJECTS ANY IMPLIED WARRANTIES. ANY OF OUTPOWER HOSTING'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY OUTPOWER HOSTING, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

5. SERVICE GUARANTEES

99.9% Network Uptime Guarantee

Outpower Hosting guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where Outpower Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that Outpower Hosting cannot directly influence. Outpower Hosting may temporarily deny or terminate service upon clients failure to pay their charges when due.

Outpower Hosting will guarantee 99.9% Outpower Hosting network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:

• Server Hardware Breakdown
• User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, Outpower Hosting is not responsible for the downtime)
• ailures due to software that is not explicitly supported by Outpower Hosting Consequently, if a hardware crash provoked by the customer happens, Outpower Hosting has no responsibility for the resulting downtime.

Network Outages or Unscheduled Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.

• Unscheduled Downtime Compensation - Outpower Hosting will compensate the owner of an account that has experienced downtime for more than 8 hours during the entire calendar year. The compensation will be one month of hosting services for free.
• Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our news section at a minimum 24-hour notice.

6. SERVER USAGE & HOSTED CONTENT

• A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. Outpower Hosting offers only web hosting services, not data storage services.
• Server content MUST comply with the parameters stated in this agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Outpower Hosting Service representative regarding any inquiries over the matter.
• If any of Outpower Hosting's Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
• Unauthorized Access. Outpower Hosting expressly bans the use of any Outpower Hosting hardware or software hosted on a Outpower Hosting server for trying to illegally access another hosted machine or network.
• Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Outpower Hosting reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.

7. PAYMENT AND CHARGEBACKS

Customers should abide by our Order Verification Policy.

• Outpower Hosting contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with Outpower Hosting, customers agree to AUP (Acceptable Usage Policy - this document) and the specified Terms & Conditions in this document. Thus, Outpower Hosting will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order. If, however, the customer presents a valid motive for the refund required, having observed the afore-specified requirements, then Outpower Hosting will commence the money-back procedures without hesitation. Any refund actions will immediately lead to an account suspension and the customer's credit card will be charged back with the respective sum under the same payment order / authorization number.
• Outpower Hosting will charge customers with fees based on the fee structure at the time of the sign-up process. Outpower Hosting reserves the right to introduce changes to the packages with regard to price and set of features when needed. This means that the current price list at https://www.outpowerhosting.com/ may differ from the pricing and features of the customer's account.
• Upon signing up for an account with Outpower Hosting, the customer agrees to pay on a recurring basis for the period selected by him/her in the Order Wizard. The periods have the following duration: 1 Month, 3 Months, 6 Months & 12 Months. The next payment must be made towards your account on its assigned date due, which means that Outpower Hosting will attempt to automatically re-bill your chosen payment method in the beginning of each following period. When the payment is declined from your chosen payment method we will send out an email notice and retry to claim the payment on the following day, which will generally occur 3 times over a 3-5 day period. After this period if we have not received the payment due or had notification from you that the payment due is in hand, your account may be suspended or terminated at Outpower Hosting's sole discretion. Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at Outpower Hosting will be subject to collections and legal action. He/she will be charged $30.00, because when signing up with Outpower Hosting, customers accept these terms and conditions, thus agreeing to observe them strictly.

8. MONEY-BACK GUARANTEE

Outpower Hosting offers a 30-day money-back guarantee. If you are not satisfied with our service, you can email and receive a full refund for your package within 30 days after you purchased the account. However, all domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a $10.99 USD /year per domain registration/transfer fee.

There are two ways for this fee to be deducted:

• A partial refund to be paid, i.e. the total transaction minus the $10.99 USD domain fee.
• You will be required to make a deposit of $10.99 USD for the domain fee before receiving the refund for the reseller account.

9. WARRANTIES AND REPRESENTATIONS

Outpower Hosting provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. Outpower Hosting bears no responsibility for connection problems, in cases when customers' hosting with Outpower Hosting confronts with service interruption issues.

10. NO UNLAWFUL OR PROHIBITED USE

As a condition for your and your clients' use of the Outpower Hosting Services, neither you nor your clients might use the Outpower Hosting Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Outpower Hosting Services, other accounts, computer systems or networks connected to any Outpower Hosting Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Outpower Hosting Services.

Outpower Hosting reserves the right at all times to disclose any information as Outpower Hosting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Outpower Hosting's sole discretion.

Outpower Hosting is within the capacity to refuse service to unlawful parties. Outpower Hosting servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Outpower Hosting expressly forbids any breach of National, State or Local regulation, including, but not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.

Outpower Hosting management will thoroughly scrutinize any of the received orders and decide at their own discretion which of them does not comply with the officially stated requirements for use of the company's servers. Outpower Hosting servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, blasphemy, and any other materials of an adult nature.

11. THIRD PARTY

Any dealings with third parties (including advertisers) included within the Outpower Hosting Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Outpower Hosting shall not be responsible or liable for any part of any such dealings or promotions.

12. TERMINATION

You agree that Outpower Hosting, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

13. SERVICE DENIAL

Outpower Hosting reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to Outpower Hosting and liable for reasonable interest and collection fees.

14. YOUR RESPONSIBILITIES

You are solely responsible for the content of your messages. Using the Outpower Hosting Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:

• Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
• Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Outpower Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Outpower Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
• Upon signing up for an account with Outpower Hosting, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify Outpower Hosting in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through the customer's Billing Control Panel, not via e-mail. This requirement is also in force for Outpower Hosting - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
• You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
• immediately notify Outpower Hosting about any unauthorized use of your password or account or any other breach of security.
• ensure that you exit from your account at the end of each session. Outpower Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this.
• Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic; Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks; Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
• Harm to Outpower Hosting Servers - any attempts for doing harm to a server or customer of the Outpower Hosting Services are explicitly banned
• Acceptable Use of Services / Acceptable Access to Services - Outpower Hosting will immediately and resolutely react to any attempt for use of an Internet account or computer by a Outpower Hosting customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to the Outpower Hosting Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
• CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 2.5% of the CPU power for no longer than 180 seconds at any given time or 1% per account in the course of 24 hours. Outpower Hosting bly requires that customers be very judicious when using the CPU power for their accounts. In case of higher than the allowed CPU usage, the following procedure will take place:
• First Suspension : The harmful account will be suspended and an automatically notification will be sent to YOU.
• Second Suspension: In case of CPU overload recurrence the harmful account will be suspended again and YOU should contact Outpower Hosting, which will consider unblocking the account.
• Third Suspension: If the other two previous warnings are not considered as serious, Outpower Hosting will permanently suspend the account without any future option.

The account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. Outpower Hosting reserves the right to block files or scripts that use CPU exceedingly and notify clients.

In rare cases where excessive resource consumption by an account which leads to any instability of the server the account is hosted on, Outpower Hosting reserves the right to immediately suspend the account without any prior notice. If the account in question is deemed to be causing permenant harm, the suspension of the account would be a direct Third suspension whereby the account will no longer be allowed to function on the server.

• The Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
• Users are NOT allowed to send more than 1000 emails per day per hosting account.
• MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 4500 queries per hour. If you have reached 4500 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset.
• Outpower Hosting does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
• infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy
• violate any law, statute, ordinance or regulation
• are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
• contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
• contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
• have Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
• The Customer explicitly agrees not to resell any part of the service in any form whether for profit or otherwise. Adding 3rd Party website or domains not directly owned and used by the customer onto an existing account without written permission from Outpower Hosting will result in termination of the account without notice.

15. SERVICE EXPIRATION AND RENEWAL

The hosting service is active for one year (365 days). After that period of time, the account will be automatically suspended until the Customer renews it by paying the anual subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for 15 days, after that it will be permamently deleted.

The redemption period is a registry level period of up to 30 days that occurs when a domain name is deleted after it expires without being renewed. Instead of just being deleted and returned to the pool of domain names available for registration, the registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original domain registrant may retrieve the domain name from deletion for an additional fee.

This extra 30-day period extends the time available to renew expired domain names. However, all names that enter the redemption period are removed from the zone files (the list of domains currently in the global DNS); therefore, any web site or e-mail services associated with the domain name will stop working.

After the 30-day redemption period there is a 5-day pending delete phase. When a domain is in this phase no one can retrieve the domain and it cannot be registered. After the 5-day pending delete phase the registry will release the domain name back into the public pool of available domain names.

We strongly recommend that you renew your domain registration before the domain name is placed in redemption. If your domain name is placed into redemption, we cannot prevent the zone files being removed from the DNS and your web site and any associated services will cease to work.

We can assist in retrieveing your domain only if your domain was registered with us. If your domain was registered with another registrar, you must contact that registrar for information regarding retrieving your domain name. You will be charged with a REDEMPTION FEE of $99.00 USD for the domain registration renewal.

16. CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTEES

• Upon buying an allocated space on Outpower Hosting's servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
• the accuracy and relevance of Customer Content and the content and material showcased on its store or products
• certainty that the Customer Content and the content and materials appearing on its store or products do not violate or infringe upon the rights of any person
• certainty that the Customer Content and the content and materials appearing on his/her store or products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
• The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
• Each Customer guarantees to Outpower Hosting that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
• infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
• break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Outpower Hosting to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Outpower Hosting is granted the right to assess the extent to which these operations need to be done.

17. TORTUROUS CONDUCT

Any case of indecent treatment towards an Outpower Hosting employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with Outpower Hosting's employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
Other acts of treatment towards Outpower Hosting employees that will be considered as unacceptable include any verbal, oral, written or second party threats addressing Outpower Hosting or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. Outpower Hosting keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

18. SPAMMING IS PROHIBITED

Outpower Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Outpower Hosting may not use or permit others to use our network to transact in UCE. Clients of Outpower Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of Outpower Hosting's email policy will result in severe penalties. Upon notification of an alleged violation, Outpower Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Outpower Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation, Outpower Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Outpower Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Outpower Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of Rs.17,000/- and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of Rs.35,000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed Rs.12,250 per hour that Outpower Hosting personnel must spend to investigate the matter.

We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

• the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
• the sending of junk mail
• the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
• posting commercial ads to USENET newsgroups that do not permit it
• posting articles containing binary encoded data to non-binary newsgroups
• excessive and repeated posting of off-topic messages to newsgroups
• excessive and repeated cross-posting
• e-mail harassment of another Internet Customer or Customers, including but not limited to the transmission of any threatening, libelous or obscene material, or material of any nature which could be deemed offensive
• the e-mailing of age-inappropriate communications or content to anyone under the age of 18
• "Spamming" is considered an explicit misuse of ethical principles and will be interpreted as a violation of them
• The maximum number of allowed e-mail messages sent per day is 500. There are no exceptions to this rule. Every customer who is sending more than 500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.
• Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited. Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising") Using the Service to receive replies from unsolicited emails ("drop-box" accounts). Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Outpower Hosting Users must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
• Purchasing lists of email addresses from 3rd parties for mailing to from any Outpower Hosting hosted domain, or referencing any Outpower Hosting account, is prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

19. NEWS RELEASES

Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.

20. FORCE MAJEURE CIRCUMSTANCES

Outpower Hosting will be in a non-liability position with regard to the failure or delay in doing its professional duties as a consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

• This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
• This Agreement shall be interpreted in consistence with the laws of INDIA.
• This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this document are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original.

21. COPYRIGHTS

Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.

Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.

22. ABUSE

Any attempts to undermine, slander, libel, threaten, or cause harm to a Outpower Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy (which too is an integral part of this document) to

23. ASSIGNMENT

The Customer shall not have the right to assign this Agreement without Outpower Hosting's written permission. This Agreement shall be in force and effect to the total benefit of the Customer and Outpower Hosting and their successors and permitted assigns.