Terms of Service

This Domain & Website Hosting Agreement (“Agreement”) is entered between TECH HUNDRED ONE PVT. LTD. here after known as “Provider” with its place of business for the purpose of this agreement at 91 Binayak Marg, Kamaladi, Kathmandu, Nepal and the company or individual who have taken this service (12 months free Hosting & domain registration), hereafter known as “Client”.

The Provider and the Client agree to the following:

  1. DEFINITIONS
    1. “Provider” refers to TECH HUNDRED ONE PVT LTD, its agents and authorized representatives which are also referred to using “we”, “us”, “our” and “ours”.
    2. “Client” refers to the company or the individual that have taken this service, its agents and authorized representatives which are also referred to using “they”, “them”, “their” and “theirs”.
    3. “Domain & Web hosting services” refers to the platform/ services which allow the Client to host their own website and emails, accessible via the World Wide Web.
    4. “Server” are computers owned, leased, or rented by the provider for use by the client to host their email and website.
    5. “Content” refers to all texts, pictures, sounds, graphics, videos, links and other data stored by the Client on our server computers or hosting account.
    6. “Website” refers to the pages presenting the content stored by the Client on our server computers.

  1. CLIENT RESPONSIBILITIES

Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for their inability to use our services due to their lack of the requisite knowledge and skills.

  1. SERVER ABUSE

Any attempt to undermine or cause harm to a server, or Client, of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than Client’s own, attempting to gain unauthorized access to other accounts on Client’s server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund (if applicable).

  1. USAGE POLICY

The Client will use the web hosting services in a manner consistent with all local, and federal regulations and laws. We reserves the right to suspend or cancel the Client’s access to any or all services provided by us when we decide that their account has been inappropriately used. The free setting up of the .np domain name and free web hosting offer is available only to new customers.

  1. PROHIBITED SERVICES

The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client’s account of the Provider’s services. The Provider shall be the sole arbiter as to what constitutes violation of this provision.

  • Transmission, storage, or presentation of any information, data or material in violation of any law.
  • Copyrighted material used without permission.
  • Material or activities judged by the Provider to be threatening, obscene, disparaging, or hate-related.
  • Material protected by trade secret or other statute.
  • Pornography, nudity, erotica, and sex-related merchandising, including sites may infer sexual content, or link to adult content elsewhere.
  • Content that promotes any illegal or prohibited activity.
  • Content that may be damaging to the Provider’s servers or to any other server on the Internet.
  • Pirated software.
  • Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services.
  • Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to the Provider and/or any Client in any way.
  • Illegally distributed MP3 media.
  • Harassing, annoying, or otherwise interfering with any person’s, groups, or organization’s use or enjoyment of the Internet experience.
  • Activities related to drugs classified as illegal by the Government of Nepal.
  • Links or reference to any of the above.

  1. UNAUTHORIZED USE OF OTHER PEOPLE’S ACCOUNTS OR COMPUTERS.

We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

  1. ABUSE OF UNLIMITED TRAFFIC AND/OR UNLIMITED STORAGE

To maintain the integrity of our services, the following limitations apply to all sites owned by the Client and without an imposed limit on monthly traffic volume and/or storage space:

  1. The site cannot be used as offsite storage for electronic files (storing files not linked to any page of the site).
  2. The site cannot be used as a download centre (more than 50% of traffic arises from file downloads).
  3. The site should not contain scripts running from their domain used on other domain.

Websites that are found to violate the above limitations are subject to warning, suspension or cancellation at the discretion of our management. We will be the sole arbiter as to what constitutes a violation of this provision.

  1. CONTENT OWNERSHIP

All contents stored by the Client shall at all times remain the property of the client. The Client grants to the Provider non-exclusive, worldwide licence to the content only to the extent necessary for the Provider to host the website.

  1. PAYMENT POLICIES

All accounts for the first year are set up for free. The year of free webhosting begins from the date of the domain registration or hosting account creation. If a client wishes to continue after the first year then the Client will have to pay the renewal fees.

9.1 AVAILABLE PACKAGES (Hosting)

Package 1(a) : Basic Package NRs 2800 (Includes VAT 13%),

Disk Quota – 500MB, Monthly Bandwidth – Unlimited, FTP Accounts – 1, Email Accounts – 1

Databases – 1

Package 1: Starter Package NRs 5200 (Includes VAT 13%),

Disk Quota – 1GB, Monthly Bandwidth – Unlimited, FTP Accounts – 1, Email Accounts – 1

Databases – 1, Sub Domain - 1, Addon Domains - 1

Package 2 : Business Package NRs 8800 (Includes 13% VAT)

Disk Quota - 10GB, Monthly Bandwidth – Unlimited, FTP Accounts – 1, Email Accounts -5

Databases – 5, Sub Domain - 5, Addon Domains - 5

Package 3 : Enterprise Package NRs 13900 (Includes 13% VAT)

Disk Quota - 100 GB, Monthly Bandwidth – Unlimited, FTP Accounts – 10, Email Accounts – 100

Database – 100, Sub Domain - Unlimited, Addon Domains - 10

9.2 AVAILABLE PACKAGES (Emails)

Up to 100 email addresses with 100GB: 13900 inc VAT

Up to 200 email addresses with 200GB: 18900 inc VAT

  1. TERMINATION

The Provider will immediately terminate the contract if the client is found carrying any of the activities mentioned on Points 3, 4, 5, 6 and 7. All costs resulting from the outcome will be billed to the Client. The Provider will also not be responsible for any data loss due to this. Furthermore, no refund will be issued.

  1. CANCELLATION
  • The client has the right to cancel this agreement anytime during the first year (promotion period); to cancel the agreement client will have to request for cancellation in writing (Email or Post). We may contact you for confirmation before we cancel/ delete the account.
  • In cases where the client initiated the cancellation request, fees paid for chargeable domain names (excluding .np) will not be refunded. The Provider will also not be held for data loss.
  • All .np domain names will always be the property of the client.
  • The Provider reserves the right to cancel the service at any time during the promotion period; in this case any fees paid for domain names excluding .np will be refunded.

  1. LIMITATION OF LIABILITY

The Client agrees that neither the primary service Provider nor backend service Provider will be liable for any;

  1. Suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement;
  2. Interruption of business;
  3. Access delays or access interruptions to the website(s) provided through or by the services;
  4. Loss or liability resulting from acts of god;
  5. Data non-delivery, mis-delivery, corruption, destruction or other modification;
  6. Events beyond the control of the primary service Provider or backend service Provider; or
  7. Loss or liability resulting from the unauthorized use or misuse of their account identifier or password.

The Client further agrees that neither the primary service Provider nor backend service Provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service Provider or backend service Provider have been advised of the possibility of such damages.

  1. INDEMNIFICATION

The Client agrees to release, indemnify, and hold the primary service Provider and backend service Provider, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to their use of the services or arising under this agreement, including without limitation, infringement by the Client or someone else using their computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the primary service Provider and/or backend service Provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the primary service Provider and/or backend service Provider may seek written assurances from the Client in which they promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Their failure to provide such assurances may be considered a breach of this agreement by the Client.

The Client agrees that the backend service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the primary service Provider. The Client acknowledges and agrees that neither the primary service Provider nor the backend service Provider is agents for one another. The Client agrees that they shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, their agents, employees or assigns. The Client agrees to defend, indemnify and hold us harmless against liabilities arising out of:

  1. Any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
  2. Any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. Copyright infringement and
  4. Any defective products sold to the Client from our servers.

  1. DISCLAIMER OF WARRANTIES

Neither the primary service Provider nor backend service Provider make neither any representation nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable.

Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at their own discretion and risk and that they will be solely responsible for any damage to the Client’s computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by the Client from either the primary service Provider or backend service Provider shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the Client.

  1. GOVERNING LAWS

This Agreement will be governed by and construed in accordance with the laws of Nepal. The undersigned have executed this Agreement as of the day and year written below. The parties hereto agree that facsimile signatures shall be as effective as if originals.