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VistaPrint Hosting Service Member Agreement

1. Acceptance of Terms

1.1 This Agreement governs the access and use of all products and services relating to: (i) the Member-created websites (individually, a "Member Site" and collectively, "Member Sites"), and (ii) email hosting services, for which Member subscribes from VistaPrint, and (iii) the Facebook Page Builder, and which are provided and administered by VistaPrint and or its agents, suppliers, licensors, or third party contractors (collectively, the services are referred to as the "Services"). The general VistaPrint Terms of Use, available at www.VistaPrint.in, are incorporated by reference into and made a part of this Agreement, except to the limited extent that the general VistaPrint Terms of Use are expressly modified below. IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, MEMBER SHALL NOT PURCHASE, USE OR OTHERWISE ACCESS THE SERVICES OR ANY MEMBER SITES.

1.2 The Services is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for VistaPrint to update or revise the provisions of the Agreement. By signing up for the Services and accepting this Agreement, Member agrees that VistaPrint may change the terms of the Agreement in its sole and absolute discretion without specific notice to Member. If Member does not agree to the changes implemented by VistaPrint, Member's sole and exclusive remedy is to cancel Member's subscription to the applicable Services ("Member's Service Account"). Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Services shall be subject to this Agreement.

1.3 Member's access to and use of the Services is further subject to the VistaPrint Privacy Policy which is available on VistaPrint's website and is incorporated by reference herein.

2. General Use of the Hosting Service

Member shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or any applicable law. Without limiting the generality of the foregoing, Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Services other than for use as expressly permitted by this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other person's use and enjoyment of the Services. Member shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the prior written permission of VistaPrint, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Services. Without limiting any of VistaPrint’s rights or remedies under this Agreement or available to VistaPrint at law or in equity, if Member violates any of the terms and conditions herein Member's Service Account may be terminated and Member may be subject to prosecution.

3. Charges and Billing

VistaPrint reserves the right to charge fees for the Services or any portion thereof and any applicable fees will be posted on VistaPrint’s website. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to subscribe, Member will make an advance payment for all applicable fees incurred by Member in connection with Member's Service Account. Member will be notified by a mail before end of his applicable subscription period that he needs to renew his subscription or else his account would be terminated, unless Member's Service Account is terminated in advance by the end of the then-current subscription period. All fees associated with Member's Service Account shall be paid in the currency referenced on the VistaPrint website at checkout. The exchange rate will be determined by VistaPrint through a reasonable source. The exchange rate determined by VistaPrint shall be undisputable.

VistaPrint reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new Services and charging a fee for upgrades and/or for a service for which VistaPrint does not currently charge a fee) at any time and from time to time, provided, however, that VistaPrint will provide Member with reasonable notice prior to making any fee changes to existing Services. If Member finds any change to the pricing of any Services to be unacceptable for Member's continued use of the Services, Member is free to cancel such Services and terminate Member's Service Account at any time, VistaPrint will refund remaining portion of Member's pre-paid fees on pro rata basis.

Taxes

Member agrees to pay GST or other similar taxes, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement. Member is responsible and liable for any fees, including attorney and collection fees, that Vistaprint may incur in its efforts to collect any remaining balances due from Member. This Section shall in no way limit any other remedies available to Vistaprint at law or in equity.

Member agrees to mention GST registration number and Entity Name, if applicable.The Member will ensure that the GST registration number and the Entity Name, if applicable corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.

Member further acknowledges that Vistaprint will not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable shall be borne by the Member. In the event, if Member fails to furnish GST registration number, the Member will be treated as ‘unregistered’ and will not be able to avail any input tax credit.

In any case, the liability of Vistaprint under GST regime would be limited to the amount of tax charged by Vistaprint.

4. VistaPrint Support Services

VistaPrint offers certain phone support services at no additional charge. Phone support which is offered at no additional charge is limited to technical questions only. Non-technical questions including, but not limited to, questions relating to design, search engine optimization, marketing planning or similar services, shall not be included in such phone support services.

Members may contact VistaPrint Support by dialling 02522-669393, Monday - Saturday : 10 am - 7 pm (Indian Standard Time).

5. Member Registration/Privacy Policy

In order for Member to participate in the Services, VistaPrint will require Member to provide specific information about Member and (if applicable) Member's business. Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain with VistaPrint a valid and current email address of Member at all times. Member shall be responsible for maintaining the confidentiality of Member’s Service Account and password and shall be responsible for any and all transactions by persons given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such persons, and shall fully indemnify VistaPrint as set forth in Section 17 herein below for such actions.

Any information supplied by Member upon registering for the Services and any other information supplied by Member about Member and/or Member's business (collectively, "Member Data") is subject to VistaPrint’s Privacy Policy. Member should review the VistaPrint Privacy Policy, a copy of which is available on VistaPrint’s website. VistaPrint reserves the right to update or change the Privacy Policy from time to time in its sole and absolute discretion. In addition, Member Data may be subject to surveillance and disclosure pursuant to applicable laws, rules and regulations relating to domain name registration, including without limitation rules and regulations imposed by ICANN (as defined below), the TPDNVs (as defined below), and the Registries (as defined below).

6. Member Account Limitations

Member hereby acknowledges that VistaPrint may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Services and Member Site, including without limitation, (a) the maximum number of days that specific Services offerings, such as email messages, guest book entries, discussion board postings or other content posted on the Member's Site (to the extent available and subscribed for) will be retained by VistaPrint, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Member Sites and/or email addresses/accounts per Member's Service Account, (e) the maximum number of photographs or other data (if any) according to the type of Member's Service Account, (f) maximum limits on the number of pages within each Member Site, and (g) maximum time limitations for the retention of Member Content (as defined below) following any trial periods or account cancellation. VistaPrint further reserves the right to delete at any time, in its sole discretion and without prior notice, duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Services (including any upgrades) for which Member has registered. Member agrees that VistaPrint has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services, including without limitation any Member Content. Member further acknowledges and agrees that VistaPrint reserves the right to change these general practices and limits at any time, in its sole discretion. If Member finds any such changes to be unacceptable for Member's continued use of the Services, Member is free to cancel the Services and terminate Member's Service Account at any time. VistaPrint will refund remaining portion of Member's pre-paid fees on pro rata basis.

7. Exchange of Information; Monitoring

The Service enables Members to disseminate and exchange thoughts and opinions to and with other users or the public. VistaPrint is under no obligation, but does reserve the right in its sole discretion, to monitor, correct, pre-screen, filter, modify, intercept and analyze traffic of, copy, backup, redirect, transmit, refuse, limit access to, suspend, freeze, and remove any and all such thoughts, opinions, and other Member Content, Member Data, End-User Data etc. posted through the Services or stored in its servers without notice at any time. VistaPrint is not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such Member Content. VistaPrint also reserves the right to disclose any information or materials belonging to any person or entity as necessary to satisfy any applicable law, rule, regulation, legal process, governmental request or contractual obligation binding upon Member. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member's employees on the Services, the Member Site, or any other user sites. VistaPrint reserves the right to prohibit the use of any of its services in connection with any specially designated nationals (SDNs) as listed by the governmental authorities or having Country-Code Top Level Domain Name/ccTLD of any country designated by authorities such as Office of Foreign Assets Control (OFAC) or such other authority as having limited or comprehensive trade sanctions imposed by the government of India and or countries in which VistaPrint has operations or presence for reasons of anti-terrorism, non-proliferation, narcotics trafficking, or other reasons.

8. Member Conduct

Member's right to use the Services is personal to Member and or Member's company and its employees (if applicable). Member, and not VistaPrint, is entirely responsible for all Member Content. The term ‘Member Content’ shall include without limitation all information, data, text, literature, software, music, sound, photographs, graphics, designs, video, messages or all other materials and content, as applicable, posted or linked to by Member or its affiliates, agents, employees, representatives or customers via the Services, including, without limitation, any such information, data, text, literature, software, music, sound, photographs, graphics, designs, video, messages or all other materials and content posted or linked to on any Member Site (including, without limitation, as part of a domain name selected or used by Member) (collectively, “Member Content”). Member, and not VistaPrint, is responsible for compliance with all laws, regulations and ordinances connected with all aspects of the creation, use and maintenance of the Member Content, Services and Member Sites by Member and its affiliates, employees, agents, representatives and customers. Without limiting the generality of the foregoing, Member, and not VistaPrint, is responsible for compliance with all policies, rules, procedures, regulations, and other terms and requirements of the Internet Corporation for Assigned Names and Numbers (“ICANN”), the applicable registry governing the registration of the domain name associated with the Member Site (each, a “Registry”), and any applicable independent Third Party Domain Name Vendors (collectively, “TPDNVs”) responsible for the registration of the domain name associated with the Member Site. Member shall not use the Member Content, Services or Member Sites for any illegal purpose in violation of any local, state, federal or foreign law. Member must provide all required and appropriate warnings, information and disclosures, comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with the creation, use and maintenance of the Member Content, Services and Member Sites by Member and its affiliates, employees, agents, representatives and customers. If the Services or Member Sites do not provide adequate facility or features for Member to provide such information or take such actions, then Member shall not create, use or access the Member Content, Services or Member Sites or permit any other party to do so.

With respect to any Member Content, Member Data, or End-User Data (as defined below) on the Services and Member Sites, Member agrees not to submit, post, upload, transmit or otherwise make available any Member Content, Member Data, End-User Data or other information:

a. that is misleading to others, including but not limited to consumers or other visitors to Member Sites;

b. that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelouslibellous, invasive of another's privacy, hateful, or racially or ethnically objectionable;

c. in respect of which Member does not have a right to submit, post, upload, transmit or otherwise make available under any law (including without limitation data privacy laws or export control restrictions) or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);

d. that infringes or violates any person's patent, trademark, trade secret, copyright, proprietary right or other intellectual property rights