1. The use of Websites Designed / Developed / Hosted / Maintained / Promoted / Supported by Onyxon Project Solutions Pvt. Ltd., Herein after referred as "Onyxon", service is subject to the Terms and Conditions mentioned hereunder. By accepting our services, you are agreeing to use the Service with these terms and conditions under all applicable laws and regulations.
2. You agree that under any cirumstances, the amount of compensation claimed because of any reason would not exceed the amount actually paid for using Onyxon services. For example, under any circumstances the domain name related claims would not exceed the amount paid for domain name registration.
3. All services provided by Onyxon are valid for One Year only unless otherwise stated.
4. By using any of the services, You agree to abide by all the terms published here.
5. You agree & accept that all services provided by Onyxon would commense only after complete payment of the agreed amount.
6. By Using Onyxon services, You agree to indemnify, defend, and hold harmless Onyxon, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to Onyxon Services. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
7. You agree and confirm that that Onyxon may, at our sole discretion, change the Pricing Structure at any time without prior intimation. However, this will only apply to future period/s.
8. The violation of the terms & conditions will result in cancellation of services and no refund will be made.
9. Non-usage of the service does not entitle you for a refund of any portion of the payment made to us for this service.
10. You agree that you will not use the Onyxon Web Services for illegal purposes or for the transmission of material that is unlawful. You also agree that you will not use the Onyxon Web Services for the transmission of material that is harassing, abusive, threatening, harmful, vulgar, obscene, or invasive of another's privacy. You agree not to use excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), installing continuously running programs, and reselling CGI scripts. You further agree that you are solely responsible for your content and you acknowledge that Onyxon acts as a passive conduit for the distribution and transmission of your data. You represent and warrant the content you provide to Onyxon (a) does not infringe on Onyxon's or any third party's intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalised up to and including termination of your rights to use the service and any other remedies available to Onyxon by law.
11. Onyxon will monitor the Emails/ Business Queries in order to track the search engine performance & no data with regard to this would be disclosed to any third party. On your special request, the monitoring could be removed but after such an act, Onyxon would not be in a position to forward any performance report of your website.
12. You acknowledge your right to use the Service is personal to you. You are entirely responsible for maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party.
13. In consideration for using Onyxon, you agree to provide us current, complete, and accurate registration information as prompted to do so by Onyxon and to maintain and update this information as required to keep it current, complete and accurate.
14. All the contents of this Service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Service is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Service.
The information from or through this service is provided on "AS IS " basis , and all warranties , expressed or implied of any kind, regarding any matter pertaining to any goods , service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
Onyxon InfoSoft Pvt. Limited and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Onyxon has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Onyxon Web Services. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Onyxon. Onyxon Makes no warranty that the service will be uninterrupted, timely, secure or error-free. Certain links on the Service lead to resources located on servers maintained by third parties over whom Onyxon has no control or connection, business or otherwise . These services are external to Onyxon and by visiting these , you are outside the Onyxon web service and its channels. Onyxon neither endorses in any way nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity , availability of any of the goods or services or for any damage , loss or harm , direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these services.
15. You agree to indemnify and hold harmless Onyxon, its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
16. The Agreement shall be governed by the Laws of India . The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
17. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
18. In the event of non-payment of any services, Onyxon reserves the right to re-sell the Domain, Layout & all other related material to any third party or use itself, including the Domain/ Content / Structure/ Layout and all other related material without any intimation & no further correspondence in this regard would be entertained.
19. All amounts paid to Onyxon InfoSoft Pvt Ltd are non-refundable/ non- transferrable under any circumstances. Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.
20. Onyxon reserve the right to add / change / modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to use services provided by Onyxon Project Solutions Pvt. Ltd.. Onyxon Project Solutions Pvt. Ltd. reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained/ not contained on the site without prior notice.
21.Limitation of Liability
You agree that Onyxon (for the purposes of this section, Onyxon includes, without limitation, Onyxon's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, registries, third-party providers, merchants, licensors, or the like, or anyone else involved in creating, producing, or distributing Onyxon's services) will not be liable to you or anyone else for any loss that may occur due to any (a) loss of registration of a domain; (b) use of your domain; (c) access delay or access interruption to Onyxon's registration system; (d) non-delivery or mis delivery of data between you and Onyxon and/or between Onyxon and the registry; (e) event beyond Onyxon's reasonable control; (f) processing of the application; (g) processing of any modification to the record associated with your domain; (h) suspension or cancellation of your registration by Onyxon; or (i) application of any dispute resolution provision herein. Furthermore, Onyxon will not be liable for any indirect, special, incidental, or consequential damage of any kind, including, without limitation, lost profits, regardless of the form of action, whether in contract or tort, including, without limitation, negligence, or otherwise, even if Onyxon has been advised of the possibility of such damage. In no event will Onyxon's maximum liability exceed the total amount paid to Onyxon.