Terms of Service

This Terms of Service ("Agreement") is a legally binding contract between ITECH.HOST and you ("Customer," "you" or "your") that shall govern the purchase and use, in any manner, of the services provided by ITECH.HOST to Customer (collectively, the "Services"). By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old. If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of ITECH.HOST and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact ITECH.HOST to cancel your Services.

1. Ownership and Services Purchased

1.1 The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

1.2 The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased ("Service Description Page") based on their description on the Service Description Page as of the Effective Date, as defined below. ITECH.HOST may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by ITECH.HOST as set out on the Service Description Page, are referred to as the "Services."

1.3 Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

2. Term of Agreement

2.1 This Agreement becomes effective immediately when Customer clicks "I Agree." ("Effective Date") and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of ITECH.HOST, or by the posting by ITECH.HOST of a revised version.

2.2 The term of this Agreement is set to the Customer's billing term ("Term"). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

3. Obeying the Law

3.1 ITECH.HOST is registered and located within the Nepal and as such, we are required to comply with the laws and official policies of the Nepal, regardless of where the Services are provided. In addition, ITECH.HOST will comply with appropriate laws and official policies set forth by the Nepal.

4. Payments and Billing

4.1 Prepayment: It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

4.2 Auto renewal: Unless otherwise provided, you agree that until and unless you notify ITECH.HOST of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

4.3 Taxes: Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to ITECH.HOST's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

5. Late Payments

5.1 Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, ITECH.HOST reserves the right to suspend your Service(s). Fourteen (14) days following suspension of Services for non-payment, ITECH.HOST reserves the right to terminate Service(s) for non-payment.

5.2 ITECH.HOST is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, A ITECH.HOST reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

6. Refund Policy and Billing Disputes

6.1 We are very confident in our Hosting services. We provide fast, reliable, feature rich Hosting services and believe that you will be completely satisfied with the level of service we provide. Should you decide to cancel your Hosting account within the initial 30 day period, you will receive a full refund of your Hosting fees.

6.2 This policy does not apply to any additional services such as: Domain Registration, Dedicated IP, Dedicated SSL Certificate, Dedicated Servers, Web Design Services and Setup Fees. No refunds are available after 30 days. In order to cancel service, you must contact ITECH.HOST Sales & Support Department via email at support@itech.host

6.3 Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with ITECH.HOST before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account ITECH.HOST. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.

6.4 Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via PayPal or 2Checkout due to ITECH.HOST's merchant account policies and procedures.

6.5. The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks, and money orders.

6.6. ITECH.HOST will not activate new orders or provide additional Services for customers who have an outstanding balance with ITECH.HOST. For a new order to be setup or a new package to be activated, you must have a balance of NPR0.00, unless otherwise stated by ITECH.HOST writing.

6.7 Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars & Nepalese Rupees, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and ITECH.HOST is not responsible for any change in exchange rates between time of payment and time of refund. In addition, ITECH.HOST reserves the right to refuse a refund at any time for any or no reason.

6.8 If you believe there is an error in ITECH.HOST's billing, you must contact ITECH.HOST about it, in writing, within fifteen (15) days of the date you are billed or charged. ITECH.HOST's obligation to consider your claim is contingent on your providing it with sufficient facts for ITECH.HOST to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify ITECH.HOST in writing or meet the deadline set out above. If –Tech Nepal finds that your claim is valid, ITECH.HOST agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

7. Chargebacks, Reversals, and Retrievals

7.1 If ITECH.HOST receives a chargeback or payment dispute from a credit card company, bank, 2ChekOut or Paypal, your Services may be suspended without notice. A $50 or NPR 5000 chargeback fee (issued to recoup mandatory fees passed on to ITECH.HOST by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact ITECH.HOST's billing team to address any billing issues.

7.2 If ITECH.HOST appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to ITECH.HOST by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.

8. Cancellation of Services

8.1 Either party may terminate this Agreement by providing notice to the other as provided herein.

8.2 You may cancel Service(s) with ITECH.HOST by submitting a cancellation request in writing by logging into ITECH.HOST's account center located at https://itech.host/billing/. In the event that you are unable to login to your billing account with ITECH.HOST, please contact our billing department via email and we will assist you. However, ITECH.HOST prefers that cancellations are submitted through the account center to reduce the likelihood of error and ensure the security of your account. Cancellations are not final until confirmed by a representative of ITECH.HOST in writing by email.

8.3 Cancellations must be requested via the form indicated above 48 hours or more prior to the Service's renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.

8.4 If you pay ITECH.HOST via PayPal or 2Checkout, it is your responsibility to cancel any subscription for recurring PayPal or 2Checkout payments ITECH.HOST (which has no control over PayPal & 2Checkout subscription payments) is not responsible for payments made from your PayPal or 2Checkout account after cancellation and is under no obligation to refund such payments made after cancellation.

8.5 When upgrading or downgrading package(s), you are responsible for canceling any previous package(s). To cancel previous package(s), you must submit a written cancellation request as described in Section 8.2 above.

8.6 ITECH.HOST may terminate this Agreement at any time by providing notice to Customers via email. Should ITECH.HOST terminate this Agreement for any reason other than a material breach, or violation of ITECH.HOST's Acceptable Use Policy, any prepaid fees shall be refunded.

8.7. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

9. Refusal of Service

9.1 ITECH.HOST reserves the right to refuse service to anyone at any time. Any material that, in ITECH.HOST's judgment, is obscene, threatening, illegal, or violates ITECH.HOST's terms of service in any manner may be removed from ITECH.HOST's servers (or otherwise disabled), with or without notice.

9.2. Similarly, ITECH.HOST reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. ITECH.HOST is not responsible for any damages or loss of data resulting from such suspension or termination.

9.3 If any manner of communication with ITECH.HOST's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

9.4 ITECH.HOST happily accepts orders from outside the Nepal, but may limit accounts from certain countries with a high fraud rate. To help protect ITECH.HOST and its customers from fraud, ITECH.HOST may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.

11. Bandwidth Usage

11.1 You are allocated a monthly bandwidth allowance depending on the hosting package you purchase.

11.2 Should your account pass the allocated amount, ITECH.HOST reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.

11.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of ITECH.HOST in writing.

11.4. Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all ITECH.HOST customers. ITECH.HOST regularly monitors bandwidth usage and reserve the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.

12. Licenses

12.1 ITECH.HOST grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by ITECH.HOST solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in ITECH.HOST's technology shall remain with ITECH.HOST, or its licensors. You are not permitted to circumvent any devices designed to protect ITECH.HOST, or its licensor's ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

12.2 You grant ITECH.HOST, or to any third parties used by ITECH.HOST to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.

13. Service Modifications

13.1. ITECH.HOST reserves the right to add, modify, or remove any or all features from any service ITECH.HOST provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and ITECH.HOST does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term "materially" means that a reasonable business person would not have purchased the Services for the purposes used by you.

14. Uptime Guarantee

14.1 ITECH.HOST guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If ITECH.HOST fails to meet its uptime guarantee, you will be issued a credit equivalent to one (1) day of service per forty five (45) minutes downtime. The first 45 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.

14.2 Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via email to ITECH.HOST's billing department no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.

14.3 For example, if you experienced less than 99.9% uptime in the month of March, you would need to submit your request for credit no later than April 10th.

14.4 The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Private Servers ("VPS"), Cloud Hosting, or Dedicated Server packages. All credits are at the discretion of ITECH.HOST based on its investigation of any issue that is covered by this section.

14.5 If ITECH.HOST provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.

15. Support Policy

15.1 ITECH.HOST will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via ITECH.HOST 's help desk at https://itech.host/billing. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.

15.2 Limited support will be provided, at ITECH.HOST's discretion and subject to availability of staff, via telephone and/or live chat. ITECH.HOST will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.

15.3 Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the help desk. ITECH.HOST reserves the right to direct any issue to the help desk at its discretion and to refuse to provide support for such issues via telephone or live chat.

15.4 Resellers are responsible for supporting their own customers. ITECH.HOST does not provide support to its resellers' customers. If a reseller's customer contacts ITECH.HOST, ITECH.HOST reserves the right to place the customer account on hold until the reseller can assume its responsibility for its customer. All support requests must be made by the reseller on its customers' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller's account and the actions of their customers. ITECH.HOST will hold any reseller responsible for any of its customers' actions that violate the law or the terms of service set forth in this Agreement.

20. Acceptable Usage Policy

20.1 You shall use ITECH.HOST's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the National and International. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless ITECH.HOST from any claims resulting from the use of the service which damages you or any other party.

20.2 ITECH.HOST reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether ITECH.HOST is the appropriate service provider for you:

Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age

Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials

CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues

DoS Source - Source of Denial of Service Attack

DoS Target - Target of Denial of Service Attack

File Scripts - File Dump/Mirror Scripts (similar to rapidshare)

Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header

Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com

HYIP - Hosting or Linking to a High Yield Investment Program Website

Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information

Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms

Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites

IRC - Internet Relay Chat Server, including IRC Scripts/Bots

Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.

PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc.

Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.

Phishing - Identity Theft by Email Under False Pretense

Proxy Site - Hosting of or linking to an Anonymous Proxy Server

Bulk Email - No more than 500 emails of similar content (Opt In)

Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)

Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam

Spam Site - A Site Advertised by Spam Email or Spam Web

Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming

Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media

Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity

Terrorist Site - Hosting or Linking to a Site Advocating Terrorism

Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity

Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials

Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software

Any other material ITECH.HOST judges to be threatening or obscene.

20.3 In addition, hosting accounts may not be resold unless the account is a Reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above.

20.4 ITECH.HOST responds to valid notices of alleged copyright infringement. Copyright complaints are handled pursuant to the Digital Millennium Copyright Act ("DMCA"). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using A ITECH.HOST's Services, and presenting copyright complaints.

22. Restrictions on Storage Space Usage

22.1 ITECH.HOST does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. ITECH.HOST also reserves the right to deny the transfer of any account to a new location for any or no reason.

23. Warranties

23.1 Your Warranties to ITECH.HOST:

23.1.1 You represent and warrant to ITECH.HOST that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide ITECH.HOST with material that may be implemented by it to provide the Services without extra effort on ITECH.HOST's part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.

23.1.2 You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to ITECH.HOST, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

23.2 ITECH.HOST's Warranties:

23.2.1 OU EXPRESSLY AGREE THAT USE OF ITECH.HOST IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, ITECH.HOST HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER ITECH.HOST, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT ITECH.HOST'S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH ITECH.HOST'S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. ITECH.HOST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY ITECH.HOST. NO WARRANTIES MADE BY THESE THIRD PARTIES TO ITECH.HOST SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

23.2.2 THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM ITECH.HOST, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

23.2.3 SOME STATES DO NOT ALLOW ITECH.HOST TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO THIRTY (30) DAYS FROM THE EFFECTIVE DATE.

24. Limitation of Liability

24.1 YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

24.2 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ITECH.HOST, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH ITECH.HOST, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ITECH.HOST RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF ITECH.HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, ITECH.HOST'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

25. Indemnification

25.1 You agree to indemnify, defend and hold harmless ITECH.HOST, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of ITECH.HOST's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by ITECH.HOST.

26. Governing Law and Disputes

26.1 This agreement shall be governed by the laws of the Nepal, exclusive of its choice of law principles, and the laws of the Nepal, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Nepal, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

27. Partial Invalidit

27.1 If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. ITECH.HOST and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

28. Changes to the Terms of Service

28.1 ITECH.HOST reserves the right to modify this Agreement, in whole or in part, from time-to-time. ITECH.HOST will provide you with notices of such a change by posting notice on your control panel. Unless ITECH.HOST is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

29. Assignment

29.1 This Agreement may be assigned by ITECH.HOST. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

30. Force Majeure

30.1 Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

31. No Waiver

31.1 No waiver of rights under this Agreement or any ITECH.HOST policy, or agreement between Customer and ITECH.HOST shall constitute a subsequent waiver of this or any other right under this Agreement.

32. No Agency

32.1 This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

33. Modifications to this Terms & Conditions

33.1 You and your customers agree that ITECH.HOST, in its sole discretion, may modify this Terms & Conditions and when such modifications are made the updated Acceptable Use Policy will be posted on this website.

Contacting Us:

ITECH.HOST welcomes your comments regarding this Acceptable Use Policy. If you have questions about this Policy, please email your concern to support@itech.host

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