Agreement
RESELLER HOSTING PRODUCT AGREEMENT EXTENSION Web Kranti, India (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Reseller") HAVE entered into a Reseller Master Agreement effective from November 26, 2009 of which this "Web Services Product Agreement Extension" is a part. WHEREAS, Parent provides web and email hosting services; WHEREAS, the Reseller intends to provide through Parent, web and email hosting services; NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Reseller, intending to be legally bound, hereby agree as follows: 1. Election (1) Reseller hereby elects and agrees to begin providing web hosting services through Parent. Each Order that represents either a web hosting service and/or an email hosting service shall be referred to as a "Hosting Order" (2) Parent hereby accepts Reseller's election to begin providing web hosting services through Parent. 2. Rights of Parent While certain attributes of a Hosting Order may consist of unlimited resources, Reseller recognises that a Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on a Hosting Order at any given time without notice in order to prevent degradation of its services, or in case of any breach or violation or threatened breach or violation of this Agreement, or in case Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Reseller agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above. 3. Terms of Usage Reseller, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, shall not use or permit use, either directly or indirectly, or through its customers, of any Hosting Order, in violation of this Agreement, and for any of the activities described below - (1) As a backup/storage device (2) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro (3) Use over 25% of system resources, including but not limited to memory, cpu, disk, network, and bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period. (4) Execute long-running, stand-alone, unattended server-side processes, bots or daemons (5) Run any type of web spiders or indexers (6) Run any software that interfaces with an IRC (Internet Relay Chat) network (7) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent (8) Participate in any P2P or file-sharing networks (9) Run any gaming servers (10) Run cron entries with intervals of less than 15 minutes (11) Store over 100,000 files (12) Constantly create and delete large numbers of files on a regular basis, or cause file system damage (13) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent's services (14) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion