1. Introduction
This Terms and Conditions document (“Terms”) governs the use of the hosting and related services (“Services”) provided by Power Down (“Company”, “we”, “our”, “us”). By availing any of our Services, you (“User”, “you”, “your”) agree to comply with these Terms, all applicable laws, and regulations.
2. Eligibility
2.1 The Services are available only to individuals and legal entities that can form legally binding contracts under the Indian Contract Act, 1872.
2.2 By using our Services, you represent that you are at least 18 years of age or have obtained parental/guardian consent.
3. User Responsibilities
3.1 Users shall provide accurate, complete, and updated information during registration and while using Services.
3.2 Users are responsible for all activities conducted through their account and server(s).
3.3 Users shall ensure compliance with all applicable laws, including but not limited to the Information Technology Act, 2000 and Indian Penal Code.
4. Prohibited Uses
Users shall not use the Services for:
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Hosting, distributing, or transmitting unlawful, harmful, defamatory, obscene, or infringing content.
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Running malicious software, spam campaigns, phishing, cryptocurrency mining, or denial-of-service (DoS/DDoS) attacks.
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Hosting adult or pornographic material, gambling services, or pirated/copyrighted content without authorization.
Violation of this clause may lead to immediate suspension or termination without notice.
5. Service Availability and Data
5.1 While we strive to ensure maximum uptime, the Services are provided on an “as is” and “as available” basis without warranties of uninterrupted availability.
5.2 The Company shall not be liable for data loss. Users are solely responsible for maintaining independent backups.
6. Payments, Refunds, and Cancellations
6.1 All payments must be made in advance as per the applicable plan.
6.2 Refunds are subject to Company’s policies and are not guaranteed unless explicitly stated.
6.3 The Company reserves the right to suspend or terminate Services for non-payment, misuse, or violation of these Terms.
7. Limitation of Liability
7.1 To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.
7.2 In any event, the Company’s total liability shall not exceed the amount paid by the User for the Services during the period of claim.
8. Intellectual Property Rights
All trademarks, content, software, designs, and materials on the Platform are the property of the Company or its licensors. Users shall not copy, modify, or distribute them without prior written permission.
9. Indemnification
Users agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents against all claims, liabilities, damages, losses, and expenses arising from:
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User’s breach of these Terms,
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Violation of applicable laws,
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Misuse of the Services.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. All disputes shall be subject to the exclusive jurisdiction of the courts located in Indore, Madhya Pradesh, India.
11. Force Majeure
The Company shall not be held liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, war, cyber-attacks, technical failures, or government restrictions.
12. Modifications to Terms
The Company reserves the right to amend or update these Terms at its sole discretion. Continued use of the Services constitutes acceptance of such modifications.
13. Contact Information
For any queries, concerns, or legal notices, Users may contact us at:
Power Down Hosting, Indore, Madhya Pradesh, India
[email protected]