These terms and conditions ("terms and
conditions") govern the use of the
Cibol web site ("web site") & services (products, software, source code & objects,
hardware, designs, interfaces, know how, trade secrets, content installed and
acquired technology) by you and your employees, partners and agents (collectively referred to as "you"). By using the web site, you agree to all of the provisions contained or referred to in these terms and conditions.
Cibol Web Solutions (from now on referred to as "Cibol") reserves the right to change these terms and conditions
Scope: These Terms and Conditions govern Your use of the
site & Services mentioned by Cibol. These Terms and Conditions, however, do not apply to the
Cibolís services, which are subject to separate agreements
Permitted Use: You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for
your informational use in evaluating the
Organization, its products & services. You may not use the Web site for any other purpose without
Cibolís express prior written consent, including, without limitation, any commercial purpose. For example, You may not
& may not authorize any other person or entity ("Person") to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a userís screen with a portion of another Web site, or with content or advertising of any Person without
Cibolís consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means the display of a name, logo,
contents, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that
the Person is associated or affiliated with Cibol, or has the right to display, publish, transmit or distribute the Web site or content accessible within the Web site. In addition, You may not and may not authorize any
person to link to any part of the Web site without Cibolís prior written consent. You agree to cooperate with
Cibol in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease.
(iii) You may not either print, photocopy any of contents of this website
either for personal or for professional purposes. You may not take any action that violates our Acceptable Use Policy.
(iv) You may not use any contact information provided on the web site and
send e-mails to Cibol or any e-mail accounts at Cibol promoting your
service. This implies that you will not send any unsolicited any e-mail to
our e-mail accounts to which we have not subscribed. A violation of this
will force us to seek legal action against the defaulters.
Proprietary Information: You acknowledge
& agree that as between Cibol and You, Cibol has all the rights of title & interest in the Web site
& all content accessible within the Web site (the "Content"), including, without limitation, service marks, trade
names, copyrights, images & other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish,
print, deface or distribute sublicense or otherwise transfer or make available to
others or edit, modify,
print or create any derivative works of all or any part of the Web site or the Content, without the express written consent of
Cibol. You acknowledge & agree to respect the intellectual property
Disclaimer: You will have access to a variety of third-party sources of content through the use of the Web site
& the Internet. Cibol has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other Web site
(or service) that you can link to from the Web site. Accordingly, Cibol has no liability or responsibility whatsoever for any content provided by any other Person contained
in or obtained through the Web site. You acknowledge & agree that any access, use or reliance on any such third party content
/ service is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the
Cibol, the Cibol does not own, operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way.
Any trademarks unless clearly identified are the property or their
respective companies, we lay no claim on them whatsoever. You also understand
& agree that the Cibol does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems, or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data.
Access to and your use of the web site and any information or services contained therein are provided "as is."
Cibol makes no representations or warranties of any kind, nature or description express, implied or statutory with respect to your use of the web site or the content contained therein, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or arising through course of dealing, usage or trade practices,
& the company hereby disclaims the same.
You must not assume that contents (including images) on the Web site are error free or always
true & updated. Content on the web site is made available only to suit
the design aesthetics of the web site and cannot be taken as a
representation of any service, facility or individual provided by or
available at Cibol.
& uses data collected from You. However Cibol does not distribute, lease or sell
information shared by you to any third party except unless specified, or
unless required by any competent legal body for legal purposes. Cibol may at reasonable durations send special promotional campaigns
to your e-mail or postal address, which will be stopped if You demand or
Limitation on liability: Cibol, its
owners, patrons, service providers, content providers, employees, agents
& officers will not be liable for any direct, indirect, incidental, consequential, or special damages of any kind, including, without limitation, loss of revenue or income, pain
& suffering, emotional distress or similar damages, even if such parties have been advised of the possibility of such damages. In no event will the collective liability of
Cibol & its owners, its patrons, service providers, content providers, employees,
agents & officers to you or any other person (regardless of the form of action, whether in contract, tort or under any other legal theory, including, without limitation, negligence or strict liability) exceed the amount, if any, you have paid to
Cibol to use the web site as provided in these terms and conditions for the applicable content or service out of which liability arose.
Indemnity: You will indemnify & hold
Cibol, its owners, its patrons, service providers, content providers, employees,
agents, officers & contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms
and Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use,
& You agree to indemnify & hold harmless the Indemnified Parties from any
& all resulting loss, damages, judgments, awards, costs, expenses, &
attorneysí fees in connection therewith. You will also indemnify & hold the Indemnified Parties harmless from
& against any claims brought by third parties arising out of Your use of the information accessed from the
Cibol is serious about ensuring that the web site & services are accessible 24 hours a day, 365 days a year. In fact
Cibol is committed to this.
Services include HTTP (website), FTP (File Transfer Protocol), SSH,
SMTP & POP3 (E-mail Services). These services are pinged regularly every day by
our employees & through our hired automated script providers to check
their availability over the internet. Cibol does not provide a 100% uptime guarantee, because there are times when it is necessary to update server software to improve functionally or increase security. These updates generally require restarting the server, which takes the server offline for about
15 minutes. Except in an emergency, server updates take place when traffic is
lightest. There may be times when services may be faulty directly from Cibol
or companies through which we seek any or all of the services
& Cibol does not guarantee / warranty the accuracy of services
provided, nor is liable for any claims arising out irregularities at the end
of these companies / Cibol.
Limitations: On-line problems occur continuously. There might come a time when you cannot access
our/your website or any other service. This is not necessarily due to errors by Cibol or its contractors or service providers. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and
Cibol, (or our contractors or with any company through which we are seeking
services), making communication difficult or impossible. We cannot bear the responsibility of such problems.
Our monitoring service is the determining factor of the uptime of our service as a whole,
& not any one client's experience.
We are not responsible for (nor are we bound to rectify) errors at your
ISP's end or at your local network / equipment.
Reseller / Liaison Officers / Referral Partner Relations:
Cibol does not govern the action of its Resellers, Liaison Officers or
Referrers. Resellers or Liaison Officers do
not have any legal right to sign any contracts on behalf of Cibol. Responsibility of Resellers or Referrers shall be limited only to
the process of sourcing / seeking clients for the promotion of Cibol's business, products & services. All payments should be
made directly in favor of Cibol & not in the resellers / liaison officer
/ referral's name.
It is made very clear that resellers / liaison officers / referrers do not have any right to collect
payments on behalf of Cibol unless they have been authorized by Cibol in written. Resellers shall be given their share of
referral commission by Cibol separately after full and final
payments for services solicited have been credited to the accounts of Cibol.
Headings: The headings of sections of these Terms and Conditions are for ease of reference only
& shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
Governing Law and
Jurisdiction: The validity and effect of these Terms and Conditions shall be governed by
& construed & enforced in accordance with the laws of
Chandigarh (Union Territory) of India, without regard to its conflicts of laws principles.
All conflicts are subject to Chandigarh jurisdiction
Amendments: These Terms and Conditions, together with the
Service Agreement supersede any prior discussions, negotiations
& agreements between the parties with respect to the subject matter hereof,
& these Terms and Conditions, together with the Acceptable Use Policy and
Service Agreement, constitute the sole & entire agreement between the parties with respect to the matters covered hereby.
Severability: The provisions of these Terms and Conditions may be exercised
& are applicable & binding only to the extent that they do not violate any applicable laws
& are intended to be limited to the extent necessary so that they will not render these Terms
& Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force
Waiver: No failure or delay on the part of
Cibol to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by
Cibol preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by
Cibol to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.