TERMS OF SERVICE
Content Delivery Service Agreement – webmobinetworks.com
This Agreement is entered into on the date the order is placed, (the “Effective Date”) by and between Customer listed below (“Customer Name”) and WebMobi Networks.Customer and WebMobi Networks are sometimes referred to collectively in this Agreement as the “Parties.”
Customer desires to engage WebMobi Networks for the purpose of, but not limited to, providing content delivery network and related services to Customer’s live video and audio content on the World Wide Web (the “Website”) and providing metered bandwidth to Customer over the Internet.
CDN Commitment & Interim Payment
Customer will commit for Bandwidth monthly usage and customer also agrees to add credits in advance to the account by making interim payments equivalent to the monthly commitment or agreed by the billing team which will added as a account credit and can be applied towards the overage invoices.
To carry out these tasks, the Parties agree to the following:
The term “Browser” refers to a program used to provide interactive, graphical access to sites on the World Wide Web.
The term “Internet” refers to the global network of computers using the TCP/IP protocol for communication.
The term “Web” refers to the World Wide Web. The Web is a graphical interface used to access sites on the Internet.
The term “Website” refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single CDN server or computer.
2.WebMobi Networks will provide content delivery network and related services to the Customer (the “CDN”):
Disk space through WebMobi Network's website as amended on CDN’s server for storage of the parts of the Website and any data files associated with the Website at various times. Additional disk space is available at a rate per GB each month as listed on WebMobi Network’s website as amended from time to time at WebMobi Network’s sole discretion.
Monthly bandwidth (data transfer) as stated on WebMobi Network’s website as amended from time to time at WebMobi Network’s sole discretion. Bandwidth generally expires 1 months after purchases unless explicitly stated otherwise.
2.3. Availability of WebMobi Networks.
WebMobi Network’s Content Delivery Network will be available to Internet users approximately 24 hours a day, normal maintenance and unforeseen hardware or communications problems excepted. To minimize server downtime during peak usage periods, WebMobi Networks will schedule routine maintenance during the hours of lowest on average usage of WebMobi Network’s network.
2.4. CDN SLA & Service Credits.
Only BW service credits will be credited to client account. WebMobi Networks guarantees CDN performance of 99%. In the event that our network does not experience 99% performance or uptime in a given month, WebMobi Networks will refund 5% of the customer’s monthly service fees for those servers affected, for each 60 minutes of CDN downtime experienced up to 100% of the monthly service fees.
WebMobi Networks is not liable for any down time due to origin server or network at the Customer side.
2.5. Recording Service SLA.
WebMobi Networks guarantees recording service of 98% for each channel which client publish to our origin server. Recording will be only active if the live stream is published.
Custom recording SLA is not included in this agreement as it is limited to the custom server allocated to Customer.
2.6. Log Information.
Customer will have access to basic usage statistics via the Web. Raw logs can be made available upon request and at a cost.
MultiCDN Customers has limited access to raw logs as not all partners store raw logs or may require to add it as a ADD ON to activate the same.
Customer is solely responsible for all backups. Basic & Standard storage packages Customer is solely responsible for all backups. WebMobi Networks will take necessary steps to avoid complete data loss, by taking backup but not guaranteed.Cloud storage redundancy is assured.
No refunds would be entertained by WebMobi Networks. The price for all services provided by WebMobi Networks to Customer will be in Indian Rupees as described on WebMobi Network’s website. WebMobi Network’s pricing may be amended from time to time at WebMobi Network’s sole discretion. WebMobi Networks may provide limited technical support as part of Customer’s service package, and may charge customer additional fees for such services. Unless otherwise determined by WebMobi Networks in its sole discretion, WebMobi Networks will invoice customer for any and all WebMobi Networks products and services on a monthly basis. All invoices are due and payable upon receipt. All sales are final and unless otherwise agreed to by WebMobi Networks in writing.
4. Term and Cancellation.
4.1 – The initial term of this Agreement shall be for 12 months in case of yearly commitment or on a Month to Month basis unless otherwise specified in writing and/or set forth in the Order Form (the “Initial Term”) at the time of ordering the service. The Initial Term shall begin upon receipt of payment from Customer. After the Initial Term, this Agreement shall always continue to automatically renew at the current WebMobi Networks pricing on the anniversary of Customer’s beginning term date.
4.2 – This Agreement may be terminated (A) by giving WebMobi Networks thirty (30) days prior written notice in case of yearly commitment or seven (7) days in case of Month to Month commitment, (B) by WebMobi Networks in the event of nonpayment by Customer, (C) by WebMobi Networks at any time, without notice, if, in WebMobi Network’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, WebMobi Network’s Usage Policy, or if Customer’s use of the Services disrupts or, in WebMobi Network’s sole and absolute discretion and/or judgment, could disrupt, WebMobi Network’s business operations. Unless the Customer raises a cancellation request, the system would be generating and sending automated invoices, which should also be met by the customer in case of dispute generated on a later date.
4.3 – WebMobi Networks reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by WebMobi Networks to customer if WebMobi Networks initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then customer agrees that no refund is due and any prepaid charges are considered liquidated damages to WebMobi Networks. Customer understands that service(s) may be cancelled at any time effective the end of the contract.
4.4 – All account cancellations must be done via our electronic cancellation form or by opening up a cancellation ticket or by submitting a cancellation request from control panel. Notifications of cancellation must be made at least 7 days prior to successive rebill period. WebMobi Networks reserves the right to deny, forfeit, or refuse to refund at any time if necessary. Third party cancellations are not accepted.
4.5 – Early termination or cancellation of yearly contract, customer agrees to pay the remaining contract period amount in full at the time of cancellation.
5. Customer Warranties.
Customer represents and warrants to WebMobi Networks that:(a) Customer owns or has the right to use all material provided to WebMobi Networks, including all text, graphics, sound, video, programming, scripts, and applets; and
(b) The use, reproduction, distribution, and transmission of the content, or any information or materials contained in it, on and from WebMobi Network’s server computer does not: (1) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (2) violate any criminal laws; (3) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.
6. Limitations of Warranties and Liability.
Customer agrees that its use of Services and its reliance upon information provided by WebMobi Networks are entirely at Customer’s own risk. Customer acknowledges and agrees that WebMobi Networks exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through WebMobi Network’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WEBMOBI NETWORKS, ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NEITHER WEBMOBI NETWORKS NOR ITS CUSTOMERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WEBMOBI NETWORKS IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY WEBMOBI NETWORKS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY WEBMOBI NETWORKS EMPLOYEE, CUSTOMER, OR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The parties hereby agree that the terms of this section shall survive any termination of this Agreement.
7. Limitation of Liability.
7.1 – Customer agrees neither WebMobi Networks nor any of its employees, Customers, or agents shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or otherwise unauthorized means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to WebMobi Networks at the time) which may exist in the Services or WebMobi Network’s equipment used to provide the Services.
7.2 - Under no circumstances, including negligence, shall WebMobi Networks or any of its employees, Customers, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its Customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if WebMobi Networks has been advised of the possibility of such damages. No WebMobi Networks Person shall be liable to Customer, any of its Customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to WebMobi Network’s records, programs, equipment or services.
7.3 - Notwithstanding anything to the contrary in this Agreement, WebMobi Network’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.
7.4 - Customer understands, acknowledges and agrees that if WebMobi Networks takes any corrective action under this Agreement because of an action of Customer or one its Customers that corrective action may adversely affect other Customers of Customer or other Reseller Customers, and Customer agrees that WebMobi Networks shall have no liability to Customer, any of its Customers or any Reseller Customer due to such corrective action by WebMobi Networks.
7.5 - This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both known and unknown that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
9. Prohibited Uses and Activities.
WebMobi Networks may immediately take corrective action, including removal of all or a portion of the Customer’s content, disconnection or discontinuance of any Services if Customer, or anyone accessing Customer’s account or server space, engages in any of the prohibited Uses or Activities set forth in Section 16 of this agreement. Customer hereby agrees that WebMobi Networks shall have no liability to Customer or any of Customer’s Customers due to any corrective action that WebMobi Networks may take (including, without limitation, disconnection of Services).
A. Violations of Intellectual Property Rights.
Customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity’s intellectual property rights including, rights of privacy and rights of publicity are prohibited. WebMobi Networks is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).
Customer agrees not to send spam or resell its services to anyone who sends spam. The term “spam” includes, but is not limited to, the sending of unsolicited bulk and/or commercial e-mail messages over the Internet or maintaining an open SMTP policy. In the event of of a dispute WebMobi Networks reserves the right to determine, in its sole and discretion, whether e-mail recipients were from an opt-in email list.
C. Misrepresentation of Transmission Information.
Customer agrees not to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of any message or to resell services to anyone who engages in said conduct.
D. Viruses and Other Destructive Activities.
Use of the Services for creating or sending malicious, destructive or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. Customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment).
E. Malicious or Unauthorized Hacking.
Customer agrees not conduct or promote any “Hacking” activity, and agree that “Hacking” as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of Customer is a material breach of this Agreement.
F. Export Control Violations.
The exportation of encryption software outside of India and/or violations of Indian law relating to the exportation of software is prohibited.
G. Child Pornography.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WebMobi Networks will, as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through the Services.
H. Other Illegal Activities.
The use of the Services to engage in any activities that are determined by WebMobi Networks, in its sole and absolute discretion, to be illegal or which in WebMobi Network’s opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable online privacy laws. WebMobi Networks will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
I. Obscene, Defamatory, Abusive or Threatening Language.
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
J. Other Prohibited Activities.
Engaging in any activity that, in WebMobi Network’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, WebMobi Network’s business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of WebMobi Network’s Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Agreement. In addition, the failure by a Customer to cooperate with WebMobi Networks in correcting or preventing violations of this Agreement by, or that result from the activity of, a Customer of the Subscriber is a violation of this Agreement.
10. Copyright Notice Infringement Information.
Pursuant to the Digital Millennium Copyright Act, WebMobi Networks has adopted a policy that provides for termination of live streaming account hosted by WebMobi Networks that are found to infringe on copyrights of third parties. Customer expressly acknowledges that they are aware of this provision and Customer waives any claims it may have should it be injured by the enforcement of this provision. If a copyright holder believes that there has been a violation of their copyright on a website that is hosted by WebMobi Networks and the copyright holder demands that WebMobi Networks remove the website or disable the material in question, WebMobi Networks will remove the website or disable the material if the copyright holder provides WebMobi Networks with all of the following information:
A signature of a person authorized to act on behalf of the Customer of the exclusive right that is allegedly infringed.
1. Identification of the copyrighted work that is claimed to have been or being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.
3. A statement that the person giving the notification has a good faith belief that use of the material in question is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
11. Right to Monitor and Remove Unacceptable Content.
WebMobi Networks has the right, but not the duty, to review and monitor all content submitted for or included on the CDN, and in its sole discretion to remove any content that WebMobi Networks finds objectionable for any reason, without prior notice to Customer.
This Agreement may not be assigned by either Party or by operation of law to any other person, firm, or entity without the express written approval of the other Party.
This Agreement may be amended at any time and from time to time at WebMobi Network’s sole and absolute discretion by posting changes to the WebMobi Networks website and Customer hereby agrees to review the WebMobi Networks website for changes that shall become part of this Agreement.
14. Force Majeure.
WebMobi Networks will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the Party. However, to be excused from delay or failure to perform, the Party must act diligently to remedy the cause of the delay or failure.
15. Undefined Terms.
Terms that are not specifically defined in this Agreement are used as set forth in the Uniform Commercial Code 2-201.
16. Joint Drafting And Neutral Construction.
This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to Civil Code, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.
17. Validity Of Agreement.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
This Agreement, including all Exhibits, Appendices, and Attachments, contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the Party to be charged.
19. Venue And Applicable Law.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Kerala(without respect to principles of conflicts of law), and the Parties submit to jurisdiction of and venue in the Ernakulam, Kerala in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.
20. Billing Terms.
Customer agrees to pay any overage invoices generated at the each billing cycle which is monthly. Both Bandwidth overage and Storage overage is charged as per the packages or agreed BW or storage per GB pricing opted. Customers also agrees to add credits in advance to the account by making interim payments equivalent to the monthly commitment or as agreed by the billing which will added as a account credit and can be applied towards the overage invoices.
WebMobi Networks is not responsible for any illegal re-streaming or hot linking of streams or CDN assets. Customer agrees to deliver content with or without security and responsible for all overage bandwidth usage. Customer also agrees to pay overage invoices generated, WebMobi Networks will investigate if dispute is generate but in order investigate the customer account has to be in good standing and all invoices has to be paid in full. Any credits or adjustments will be added as a account credit which can be used towards paying any future invoices.
20.1 Suspension Terms.
Payments has to be credited on or before 3rd of every month, our system will automatically suspend account on 4th of every month @ 2pm IST.
20.2 Late Payment.
WebMobi Networks applies late payment on a case to case basis but services will be suspended upon non payment. There will be reactivation cost as well which will be communicated to the client at the time reactivation if any.
20.3 Credit Period.
The term "Credit Period" refers to the time period WebMobi Networks Inc. extends credit to the customer, a time frame of 15 Days(Any may vary on a client to client basis) in total. At the end of the credit period, the customer of the business is expected to have met all financial obligations in exchange for the products or services which were obtained on credit.
Up to 15 days there will not be any service charges. After the end of the term of 15 days, a service charge of 20% of the total invoiced amount will be levied against each effective invoice in addition to the respective invoices for availing more than 15 days credit period.
Customers paying with credit cards agrees to complete a pre auth form to the amount equivalent to the monthly commitment, this is done on a case to case scenario.
22. Affiliates Commission Payouts & Deductions.
- Affiliate Commission rates: 15% of the referred client’s payment (Excluding tax and bank charge)
- 120 days hold period. Payments are made once per month, after the end of the holding period.
- All payments are made in INR.
- Any chargebacks filed by the affiliate’s client will be deducted or payable by affiliate.
- Affiliate agrees to return the commission if in case chargebacks or disputes filed by affiliate’s client.
- Affiliate has to have been active product with us to be eligible for the payout.
- Affiliate cannot open multiple accounts to attain the commission or affiliate discount.
- Upon detecting Fraudulent activity WebMobi Networks may deny any commission payout.
22. Attorney Fees And Costs.
In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney’s fees pursuant to Kerala and all other litigation costs, including expert witness fees, and all actual attorney’s fees and litigation costs incurred in connection with the enforcement of a judgment arising from that action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgement. The Parties submit to jurisdiction and venue in the state of Kerala in any legal proceeding arising regarding this Agreement. Client agree pay any collection fee or commission if the invoice is transferred to collections.
Advance Support Services
We will provide advance support services once the client pays for the same which includes:
The payment will be recurring every month where the client needs to pay the amount upfront to avail the same.