Service Agreement

MyProjectHost operates under the umbrella of Techuapps Technologies.

You must read and agree to all terms in this document before using our services. By using or continuing to use MyProjectHost services, you are automatically agreeing to the terms of this document!

What is this?

The agreement below is a legal agreement between MyProjectHost and all of our customers. If you use any service provided by or affiliated with MyProjectHost, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!

This agreement is between you (hereinafter “you”, “your” or “beneficiary”) as a beneficiary and MyProjectHost, Inc. (hereinafter referred to as “us”, “our”, “MyProjectHost” or “provider”) as a provider of hosting services (shared hosting, virtual servers, or dedicated servers). Using our services is the subject of this contract.

This Agreement, whose provisions and clauses agreed in the contractual freedom under Indian law, has been established by our mutual agreement and in compliance with the law.

This contact serves as the legal basis for all services provided by MyProjectHost.

Service Agreement

THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and MyProjectHost.

WHEREAS, MyProjectHost owns, distributes, and provides various products and services for conducting business on the Internet including shared, reseller, and dedicated web hosting, cPanel licensing, and the MyProjectHost family of services (hereinafter collectively referred to as the “Services”).

WHEREAS, Client desires to utilize some or all of the Services to develop, enhance, or maintain Client’s business and/or presence on the Internet.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1. MyProjectHost SERVICES MyProjectHost agrees to provide to Client the Services agreed upon between MyProjectHost and Client as selected by Client in MyProjectHost’s customer database that is specified at www.myprojecthost.com.

2. PAYMENT AND INVOICING

   • 2.1 In consideration of the performance of the Services, Client shall pay MyProjectHost in advance the amount set forth in MyProjectHost’s customer database as such records are amended from time to time for the Services during the term of this Agreement.
   • 2.2 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies MyProjectHost by sending an e-mail with account information to support@myprojecthost.com.
   • 2.3 Current rates for using the Services may be obtained on our website at www.myprojecthost.com. MyProjectHost reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, MyProjectHost may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If MyProjectHost does not receive the full amount of Client’s Service account balance, MyProjectHost may suspend and/or terminate Client’s account immediately without further notice to Client.
   • 2.4 All hosting services renew automatically. The client may opt out of automatic renewals by contacting our Billing department at billing@myprojecthost.com.

3. RESPONSIBILITIES AND RIGHTS OF MYPROJECTHOST

   • 3.1 Means of Performance. MyProjectHost shall provide Client with the MyProjectHost hosting services, as described at www.myprojecthost.com hereto. MyProjectHost has the right to control and direct the means, manner, and method by which the host services are performed. MyProjectHost retains the right to alter the default location for accounts at its discretion as needed.
   • 3.2 Support. MyProjectHost shall provide a reasonable level of technical support to Client via email or LiveChat for the term of this Agreement.
   • 3.3 Uptime Guarantee. [The uptime guarantee section should be revised in accordance with MyProjectHost’s policies and legal requirements under Indian law.]
   • 3.4 Other Work. MyProjectHost has the right to perform and license products to others during the term of this Agreement. MyProjectHost may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. MyProjectHost reserves the right to block any site hosted by MyProjectHost that contains any content that MyProjectHost deems in its sole discretion to be unacceptable or undesirable.

4. RESPONSIBILITIES AND RIGHTS OF CLIENT

• 4.1 Client. The client represents and warrants that (i) the Client is at least eighteen (18) years of age, (ii) the Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of the Client’s obligations and use of the Services by the Client, its customers, and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other MyProjectHost Clients’ use of Services. The client assumes all risks related to the processing of transactions related to electronic commerce. The client agrees to provide MyProjectHost with accurate, complete, and updated information required by the registration of the MyProjectHost service (Client Registration Data), including the Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). The client agrees to notify MyProjectHost within thirty (30) days of any changes in the Client’s Registration Data.
• 4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, MyProjectHost will have the right, in its sole discretion, to suspend or terminate immediately any Services.
• 4.3 Fees and Expenses. The client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, fees required to register and maintain domain names, which is governed by a separate agreement between the Client and a third-party domain name registrar.
• 4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end-user licenses. By using the Services and the third-party software, the Client agrees to be bound by the terms of such end-user licenses regarding the applicable third-party software. The client consents and authorizes MyProjectHost to delegate the authorizations the Client provides to MyProjectHost to its third-party service provider(s) as MyProjectHost deems necessary or desirable to provide the applicable Services. The client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such third-party service providers and such third-party service providers are deemed to be third-party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement. The client also agrees that all references to “MyProjectHost” within this Agreement and any incorporated terms are also deemed to include, where applicable, MyProjectHost’s agents, such as the third-party service providers.
• 4.5 Advertising, Solicitation, and Client Name Harvesting. The client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to MyProjectHost clients or other Internet users unless the Client receives the express permission of such individuals. The client may not use the means of unsolicited advertising to advertise a site hosted on the MyProjectHost network. The client may not use the Services to collect or “harvest” usernames of MyProjectHost clients or other Internet users without the expressed prior permission of the member. MyProjectHost reserves the right to block or filter mass email solicitations sent from sites hosted on the MyProjectHost network.
• 4.6 Management of Site. The client shall be solely responsible for all content available on or through its site and shall at all times be subject to the terms of this Agreement, MyProjectHost’s then-standard Terms of Service (“TOS”), and any generally applicable guidelines and service standards published by MyProjectHost. The client warrants that its site hosted on the MyProjectHost network (i) will conform to the MyProjectHost TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, Indian patent, or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule, or regulation. MyProjectHost shall have no obligations with respect to the content available on or through any site hosted on the MyProjectHost network, including, but not limited to, any duty to review or monitor any such content. MyProjectHost reserves the right to block any site that violates any of the above-stated terms, or which in MyProjectHost’s sole discretion, MyProjectHost deems objectionable or offensive, or otherwise violates a law or MyProjectHost policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
• 4.7 Compliance Laws. The client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. The client will comply at all times with all applicable Indian laws and regulations and the TOS, as updated by MyProjectHost from time to time. The TOS are incorporated herein and made a part hereof by this reference. MyProjectHost may change the TOS, with notice, which notice may be provided by posting such new TOS at the MyProjectHost Site. The client may request a current copy of the TOS by sending or faxing a request to MyProjectHost. The client agrees that it has received, read, and understands the current version of the TOS.
• 4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by MyProjectHost is the property of MyProjectHost, and all title and interest therein shall vest in MyProjectHost. To the extent that title to any such works may not, by operation of law, vest in MyProjectHost, all rights, title, and interest therein are hereby irrevocably assigned to MyProjectHost. All such materials shall belong exclusively to MyProjectHost, and MyProjectHost shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. The client agrees to give MyProjectHost and any person designated by MyProjectHost such reasonable assistance, at MyProjectHost’s expense, as is required to perfect the rights defined in this paragraph.

5. Limitation Of Liability, No Other Warranty, And Disclaimer

• 5.1 Limitation. In the event that any limited guarantees are provided by MyProjectHost, such limited guarantees are null and void if Client fails to follow MyProjectHost’s TOS and other policies or otherwise breaches this Agreement in any respect.
• 5.2 Backups. MyProjectHost performs nightly backups of Web Hosting, Reseller Hosting, and WordPress Hosting servers; however, these backups are for MyProjectHost’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. MyProjectHost does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on MyProjectHost’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
• 5.3 No Other Warranty. MyProjectHost does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained therefrom is at Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. Except as provided in the order form(s), MyProjectHost does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. MyProjectHost does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
• 5.4 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. MyProjectHost does not and cannot control the flow of information to or from MyProjectHost’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or portions thereof). MyProjectHost cannot guarantee that such events will not occur. Accordingly, MyProjectHost disclaims any and all liability resulting from or related to such events.

6. Indemnification

Client agrees to indemnify, defend, and hold MyProjectHost and its affiliates, agents, employees, and licensors (including third-party service providers) harmless from any and all claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Under no circumstances, including but not limited to a negligent act, will MyProjectHost or its affiliates, agents, employees, or licensors (including third-party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.

In no event will MyProjectHost or its third-party service providers be liable to Client or any third Party for any tort, contract, or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by MyProjectHost. MyProjectHost and its third-party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data, or other intangible losses, or any direct, indirect, special, consequential, incidental, or punitive damages whatsoever, even if MyProjectHost or its third-party service providers have been advised of the possibility of such damages, resulting from (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance, or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. The client agrees that the Client will not in any way hold MyProjectHost responsible for any selection or retention of, or the acts or omissions of, third parties (including third-party service providers) in connection with the Client Services.

Because some states or jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such states or jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of MyProjectHost and its third-party service providers, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those states or jurisdictions.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of MyProjectHost and its third-party service providers, employees, distributors, agents, or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort, or otherwise.

7. Termination

• 7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
• 7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, MyProjectHost may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies of MyProjectHost. The client may terminate this Agreement if MyProjectHost breaches any material term or written notice of same. If this Agreement is terminated by MyProjectHost under this Section 7.2, all balance of the then-current term shall immediately become due and payable. In addition to the foregoing, MyProjectHost reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which MyProjectHost believes in its sole discretion to be illegal or potentially harmful to others or may expose MyProjectHost to harm or liability.
• 7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.
• 7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Sections 4, 5, 6, 7, and 8.
• 7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by MyProjectHost or its network services supplier (but not the URL or top level domain connected therewith). MyProjectHost reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.

8. GENERAL

At MyProjectHost, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Support Abuse

• 8.1 Assignment. The client may not assign this Agreement or any of Client’s rights or obligations hereunder without the prior written consent of MyProjectHost, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties’ respective successors and permitted assigns.
• 8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by mail, return receipt requested; (4) on the delivery date if transmitted by confirmed email.
• If to MyProjectHost: support@myprojecthost.com
• If to Client: To Client address provided at account set-up.
• 8.3 Governing Law. This Agreement and all future agreements Client may enter into with MyProjectHost, unless otherwise indicated on such other agreement, will be governed by the laws of India, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with MyProjectHost in India or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within India. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• 8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
• 8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
• 8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
• 8.7 Force Majeure. MyProjectHost and its affiliates, agents, employees, or licensors (including third-party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
• 8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
• 8.9 Terms of Services. Client agrees to be bound by MyProjectHost’s TOS for all Services and products used by Client. The current TOS can be found on MyProjectHost’s website. Should Client disagree with any updates to MyProjectHost’s TOS, it is Client’s responsibility to notify MyProjectHost of Client’s desire to terminate their Services immediately.
• 8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND MyProjectHost’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS. CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.
• 8.11 Entire Agreement. This Agreement and the exhibits referenced herein set forth the entire agreement and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, condition, or other provision which is different from or in which is proffered by the other party in any correspondence or another document, unless the party to be bound thereby specifically agrees to such provision in writing.
• 8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator in India, no provision herein shall be construed more harshly against either party as the drafter. This non-prejudicial approach ensures equitable interpretation, maintaining the balance of rights and obligations between both parties without undue bias or disadvantage.

Questions/Concerns

If you have questions, concerns, or complaints about our Service Agreement, practices, or Services, you can contact our Office of the DPO at support@myprojecthost.com.