Mauritius.biz Hosting

This Service Agreement ("Agreement" or "Contract") is between www.Mauritius.biz Hosting (represented by Mr Junaid Ghulam Rabbani), hereinafter known as "Provider" and You the "Customer". This Agreement is made effective as of the Domain Name Registration Date or Account Activation Date, whichever is earlier.

The parties agree as follows:

Overview

Customer agrees that by merely placing an order either by means of electronic ordering (web order form) or by submitting a written order (on paper or via SMS) or simply verbally, and receipt of such order by Provider, that you are agreeing to this Service Agreement and Provider Acceptable Use Policy. No Modifications of said Agreement and Policy by Customer is allowed.

This Agreement is intended to cover any and all domain name registrations, web & e-mail hosting services and website design and maintenance services provided by Provider and received by the Customer. This Agreement contains the entire understanding between Provider and Customer with respect to the services ("Services") described and published on Provider Website and supersedes all prior Agreements, understandings, negotiations and discussions, whether oral or written, between Provider and Customer.

Customer shall at all times comply with and help ensure that their Customers comply with the terms of this Agreement. Customer acknowledges and agrees that its entire right relating to Provider Services are as set forth in this Agreement and hereby waives all other rights that it may have by implication of law or otherwise.

Use of Provider Services (includes but not limited to logging-in to the hosting control panel, using e-mail or uploading files on the server, among others, constitutes acceptance and agreement to Provider Terms of Service (Service Agreement).

This Agreement may be changed from time to time at the discretion of Provider. Provider will duly inform the Customer of any such changes. Customer understands that any changes to the Agreement by Provider shall not be grounds for early contract termination, non-payment of any outstanding dues, request of refund or for any lawsuit filed against Provider. Continued use of Provider Services by the Customer, after any changes to Agreement (which the Customer was duly advised), constitutes acceptance and agreement to these changes.

1.0 Services

Subject to the terms and conditions of this Agreement, Provider agrees to provide domain name registration, web & e-mail hosting and/or related services specified in the Order. Subject to Customer's right to terminate this Agreement and section 9 of this Agreement, Provider may expand or contract the scope of the Provider services by issuing to Customer a notification e-mail at least 15 days in advance of such change.

2.0 Initial Term

The initial term commences upon acceptance of the Order by Provider from the Customer and the hosting account set up and issuance of login details by Provider to the Customer. By accepting the login details, the Customer hereby acknowledges the commencement of the initial term of this Agreement and Acceptable Use Policy.

3.0 Renewal Term

Unless terminated in accordance with sections 9 or 10 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the then applicable rate and discounts.

4.0 Fees and Payment

The Customer agrees to pay Provider, without limitation, for its domain name registration and hosting and related services as specified in the Order and all other fees incurred by the Customer related to supplemental services including, but not limited to: domain name registration/renewal, professional consulting, and support services supplied by Provider.

4.1 Measuring Bandwidth Usage - Provider will measure usage of the services in accordance with Provider policies and practices in effect from time to time.

4.2 Charges - Monthly Base Fees will be charged in advance and will be paid yearly.

4.3 Fee Changes - Provider may increase or amend any of the Customer Fees by issuing a notification email at least thirty (30) days in advance of such changes.

4.4 Hosting Renewal Payment Procedures - Attention is drawn to the Customer that all Provider hosting Accounts DO NOT renew automatically upon their expiry. Provider will issue a Hosting Renewal Invoice and send it by registered post to Customers billing address thirty (30) days in advance of the expiry of the hosting period. Invoices submitted by Provider to the Customer are due on presentation and must be settled at least twenty five (25) days in advance of the expiry of the hosting period. Provider reserves the right to disable and/or suspend services provided to the Customer if the Customer fails timely payments for Invoices duly issued by Provider.

Upon receiving the Invoice, the Customer must either make immediate payment, or inform Provider in writing by sending a Registered letter, should the Customer does not wish to renew the service upon it's expiry. Please also refer to clause 10.4 of this agreement.

Re-activation of expired accounts will require full payment plus a re-activation fee of Rs 500.00. Re-activation of a disable/suspended/expired account may take up to 72 hours after payment. Provider will permanently delete delinquent accounts overdue past 30 days, from the system, without incurring any liability whatsoever for loss of data (any website content, databases and e-mail or any other data stored on the server).

5.0 Additional Terms for Domain Name Registration and Renewal

5.1 Registrar Services. Provider has entered into agreements with various ICANN Accredited Domain Name Registrars, ("Registrar") to provide you with domain name registration services, for any requests by you to Provider to register an Internet domain name. As consideration for the domain name registration services provided by Registrar to you, on behalf of Provider, you agree to pay Provider, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Provider price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration.

Customer acknowledges that Provider registers or renews domain names as an affiliate or a reseller of other domain name registrars and is not a domain name registrar on its own. Hence Provider cannot be held responsible for any and all problems arising with domain name registrations or renewals (including any failures, lapses, transfer of domain name to any third party, or non-renewals of domain names) effected by Provider on behalf of the Customer under this agreement and Customer hereby irrevocably waive any and all claims and causes of action against Provider which may arise due to such problems.

All domain name registration and renewal fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Provider reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until Provider receives actual payment of the registration fee, and have confirmed your registration in an email from Provider to the email address indicated in your registration application.

5.2 Domain Name Intellectual Property Rights. Provider makes no representations concerning and does not guarantee that your domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. You agree to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy, and related agreements, as duly published by the appropriate domain name registrars on their respective websites.

6.0 Customer Obligations

Customer shall at all times comply with this Agreement. This Agreement recognizes the fundamental fact that no one owns or controls the Internet. Provider cannot monitor or control all the activities of its customers. Provider does not intend to actively screen, review, and sensor, edit or take responsibility for the activities or content of its customers. Customers, not Provider, assume all responsibility relating to their Internet activities.

6.1 Hardware, Equipment and Software. Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Internet and Provider’s services. Customer is responsible for all costs to access the Internet and Provider’s services. Provider makes no representations, warranties or assurances that Customer's equipment will be compatible with Provider's services.

6.2 Allowed Hosting Content and Activities. Provider servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. It is absolutely forbidden to host pornographic/adult content, WAREZ or IRC servers on Provider servers. Any Customer found hosting this material will be subject to immediate cancellation without refund.

Any content that will promote or cause any of the following activities, is strictly NOT Allowed:

 

Content that requires PRIOR PERMISSION and written AUTHORIZATION:

IMPORTANT NOTICE: Failing to abide to rule 6.2 will result immediate suspension and/or deletion of the Customer account, WITHOUT ANY LIABILITY.

6.3 Value Added Reselling. Customer is not allowed to market or resell (at a cost or for free) the web & e-mail hosting services provided by Provider to the Customer, unless expressly agreed upon in writing between Provider and Customer. This includes, but not limited to: Web Hosting Space, Sub-domains, E-mail and FTP accounts and storage of third-party data on Customer’s storage area. Violations of this policy carry severe penalties, including immediate termination of service.

6.4 SPAM and Unsolicited Commercial Email (UCE). Provider takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that customers of Provider may not use or permit others to use Providers network to transact in UCE. Customers of Provider may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In order to prevent unnecessary blacklisting due to spam, Provider reserve the right to occasionally sample bulk email being sent from its servers.

As Customers are ultimately responsible for the actions of their clients over the Provider network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

BEGINNING IMMEDIATELY, any websites or services on our server that support spammers or cause any of our IP addresses to be listed in any of the various Spam Databases, will have their account immediately suspended from our network. The account will not be reactivated until such time that Customer agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Persistent or subsequent violations may result in immediate and permanent deletion of the account from our network without notice to the customer.

6.5 E-mail (including WebMail) Service and Website Contents. Customer publishes any information on its Website at its own risk. Customer is solely responsible for safeguarding any information it stores on the Provider servers.

6.5.1 E-mail Retrieval. Customer is obliged to check their e-mails (via Microsoft Outlook or any other suitable POP3 e-mail application) on a regular basis of max. two (2) weeks. Customers bear the burden of downloading all e-mails from the Provider's e-mail servers to their local personal computers and to empty & liberate their e-mail inbox. Customer acknowledges that e-mail messages sent to them, maybe sent back to the sender, should the capacity of the respective e-mail inbox becomes full.

6.5.2 Webmail. (SquirrelMail, Horde or any other webmail service) is provided as alternative means to access e-mails from the Provider Mail servers. Webmail must not be used to store e-mails for a long period, due to the volatile nature of the mail system. Customers bear the burden of downloading all essential e-mails from the Webmail interface to their local personal computers at appropriate intervals. Provider mail servers must never be construed as backups of essential e-mails and must never be used as such.

6.5.3 Website Content (including File Transfer Protocol [FTP] storage). Customers expressly acknowledges that it will use Providers service solely as a means to publish it's website and share files with users via FTP. Customers must ensure that they have local copies of all content uploaded to Providers servers and should not use Providers servers as a means of permanent storage, due to the volatile nature of the Web and FTP server system. Customers bear the burden of downloading all essential files from the Web and FTP servers to their local personal computers at appropriate intervals. Providers Web and FTP servers must never be construed as backups of essential data and must never be used as such.

6.6 Backup Copy of Data. It is further expressly clear and agreed by the Customer that it is the Customers entire responsibility to maintain local backup copies of all their web content including all files, e-mails and databases stored on the Providers servers and any other information which is important to the Customer. In any circumstances, Customer must not rely on Provider to provide backup of data to Customer.

6.7 Requests for Customer Support. Provider operates a Web based Help Desk to provide customer support 24 hours a day to all it's Customers. Customers are informed of the address of the web based Help Desk in the welcome and login details e-mail which is sent to the Customer upon signing up. A link to the Help Desk is also provided on the Control Panel login page. Customers acknowledges that they will use the Help Desk only as the proper way to request customer support from Provider.

Provider will acknowledge all customer support requests submitted via the Help Desk only, within 2 hours of receiving such requests. Customers are made aware that failing to use Help Desk to request customer support may result in their requests being delayed or not processed at all.

Privacy Statement: Customer also acknowledges that Provider can access Customers account (including e-mail, web content, database, etc.) and Customer automatically authorizes Provider to access their account for the purpose of testing and providing necessary support.

6.8 Advertising. Customer hereby agrees and allows Provider to advertise the Customer as its Customer on its Website Portfolio, Brochures and Flyers, Billboards, Newspaper, Radio and any other suitable communications media for marketing purposes.

7.0 Provider Obligations

7.1 99.999% Network Uptime Assurance. Provider will ensure 99.999% uninterrupted access to its servers to all hosting customers who have purchased said service from Provider. Should access to the servers become unavailable for a cumulative period up to one hour in any one calendar month, Customer will receive a refund equivalent to one day of Customer's pro-rated Recurring Monthly Fees for that month.

Customer will receive an additional refund of one day of the pro-rated Recurring Monthly Fees for each additional hour, or portion thereof, of unavailability. All refund calculations will be based on unavailability in one-hour increments. This Agreement does not cover outages caused by server component failure, equipment and/or events outside our facility. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance.

Any and all refunds to Customer will not and cannot exceed 100% of the Customer's Recurring Monthly Fees for the month in which the refund is paid.

This uptime percentage is a monthly figure, and is calculated solely by Provider based on data provided by external monitoring services contracted by Provider to monitor its servers. Details of monitoring services currently contracted by Provider to monitor its servers can be obtained upon request.

7.2 Performance Assurance. Provider will maintain its network in such a manner as to provide to all customers the best possible performance on the Internet. In order to achieve this, Provider makes the following guarantees to all paying customers:

• 99.999% assured uninterrupted transit to the Internet

• Zero packet loss internal to Provider network

7.3 Temporary Suspension. The Customer agrees that it may be necessary for Provider to temporarily suspend Services for technical reasons or to maintain the Provider network, the Equipment or any other facilities, the timing of which will be as determined by Provider. Such suspension of the Services will not be an "interruption" of the Provider Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

7.4 Emergency Suspension. Provider may interrupt the Provider Services at any time for any duration of time, without penalty or liability for any claim by Customer, where necessary to prevent improper or unlawful use of the Provider Services, Provider service facilities or connections or Provider network.

7.5 Full Maintenance Suspension. It is Provider policy to perform comprehensive and full maintenance on its servers from time to time. One comprehensive or full maintenance per year will typically be performed on each hosted server, and minor maintenance may be performed more frequently. Operations that may be performed as part of full maintenance include (inter-alia) the following:

* Installation of operating system updates and patches.
* Updates and patches of Control Panel and other applications.
* Software diagnostics.
* Disk storage replacement & optimization.

A Full Maintenance on Provider Servers may require server downtime, depending on what tasks need to be performed. It is agreed, understood and accepted by the Customer that the Customer may be asked to re-initialize databases, re-upload content and re-create e-mail accounts again and from scratch on Provider servers, as a result of a full maintenance. The Customer will be informed at least 48 hours in advance of a full maintenance and that if such an action is required on behalf of the Customer. The Customer assumes full responsibility of taking any and all measures possible to reinstate its data back on the servers after the Customer is informed of the completion of the full maintenance and that the servers are ready. At no material time Provider assumes responsibility of reinstating the Customers data back on the servers, except where it was particularly and exceptionally requested by the Customer in writing and agreed by Provider in writing before the full maintenance started. Provider does not bind itself to accept such a request, without incurring any liability whatsoever. However, in exceptional circumstances Provider may accept to reinstate data for the Customer and charge the Customer a fee.

8.0 Notifications of Violation and Account Suspension

Provider reserves the right to monitor each Customer or user's activities to determine if a violation of this Agreement has occurred.

First violation: Any Customer, which Provider determines to have violated any element of this Agreement and/or Acceptable Use Policy, shall receive an e-mail, warning them of the violation. The service may be subject at Provider discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Customers that Provider determines to have committed a second violation of any element of this Agreement and/or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Any accounts suspended under the above clause will attract a "re-activation fee". This fee will be determined at time of re-activation.

9.0 Termination of Hosting Service by Provider

If Customer breaches any of its obligations under this Agreement, then Provider may terminate this Agreement by giving Customer notice of termination, and termination will take effect immediately when notice is given. No refunds of fees paid will be made if account termination is due to a violation of any of the clauses of this Agreement.

 

9.0.1 Denial of Service

Provider reserves the right to refuse service to anyone at any time WITHOUT GIVING ANY REASON WHATSOEVER. Provider reserves the right not to accept a new hosting order from a Customer should Provider feels that accepting an hosting order from that specific Customer will not be in the good interest of Provider.

 

10.0 Termination of Hosting Service by Customer

10.1 Cancellation within the first 45 days. Customer may decide to cancel this Agreement prior to the end of the term. If the Customer cancels the Agreement within the first 45 (forty-five) days of the Agreement Term, specified in service invoice, the Customer will be entitled to a refund of the amount paid - less Rs 300.00 for the domain name registration fees, which are not refundable. Provider will refund the full amount paid, if the domain name was not registered by Provider.

10.2 Refund Procedure within the first 45 days. Should the Customer want to cancel the Hosting account and this Agreement within the first 45 days, Customer must inform Provider of such cancellation in writing and giving a valid and plausible reason for the cancellation. Provider upon receipt of the request will undertake to refund the Customer the hosting fee paid less domain name registration charges within 30 days of receiving the request.

Only first-time accounts are eligible for a refund. For example, if a Customer has had an account with Provider before, then cancelled and signed up again, then the Customer will not be eligible for a refund or if Customer has opened a second account with Provider.

10.3 Cancellation after the first 45 days. If the Customer cancels the Agreement after the first 45 (forty-five) days of the Agreement term, specified in service invoice, Provider shall not refund any fees paid in advance of such cancellation. Customer will be required to pay 100% of Provider's standard monthly charge for each month remaining in the term.

10.4 Renewal after expiry of 1 year. If the Customer wants to renew the hosting service after the expiry of the 1 year hosting period, the Customer must notify Provider in writing of the renewal of hosting service by sending an e-mail or registered letter to Provider. Failure on part of the Customer to inform Provider of it's intention to renew the hosting service, will be construed as a fact that the Customer does not want to continue with the hosting service for another 1 year and Provider will not renew the domain name and also will have the right to delete Customers account from its servers.

11.0 Network Interference by Third Party

Customer acknowledges that using a web service has its risks and accepts all such risks when using a web service (including e-mail) offered by Provider and any unauthorized or illegal use of the Provider Network or any inter-connected network by third parties. Provider will use reasonable commercial efforts to assure a reasonable level of security for its network, however it provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's network.

12.0 Electronic Commerce

The Customer is solely responsible for all aspects of their online store or e-business. This includes, but not limited to:

• The accuracy of statements and materials related to your products and/or services.

• The accurate calculation and application of shipping, sales/value added tax and any other applicable taxes or charges.

• Processing Customer orders, inquiries and complaints.

• Maintaining the confidentiality of your Customer's credit card numbers and private information.

13.0 IP Address Ownership

It is possible for the Customer to have their Shared IP address hosting account converted to Fixed IP address hosting account, but the Customer will have to justify why they need a Fixed IP address with their hosting and provide valid reasons. Provider is governed by the Fixed IP address rules, as set by ARIN and needs to provide this information to ARIN at anytime. ARIN requires that all IPs use be justified since IPs are limited and can't be allocated to all running servers worldwide. Reference is made to section 4.2.3.7 in the ARIN numbering manual.(http://www.arin.net/policy/nrpm.html#four237).

All IP addresses provided to the Customer remain the property of Provider and Provider retain the right, if necessary, to alter or altogether change IP addresses already assigned to Customers hosting account.

Customer shall be notified of any such change with a 24 hours notice by email or other means for the purpose of network management.

14.0 Limitation of Liability & Customer Acknowledgement

Provider is not responsible for any damages your business may suffer by subscribing to any of its services. Provider does not make implied or written warranties for any of its services. Provider denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider.

On-line (Internet) problems occur continuously. There might come a time when the Customer cannot access their website, e-mail, or any other service. This is not necessarily due to Provider. Perhaps Customer's Internet Service Provider (ISP) is experiencing technical difficulties, or there might be a routing problem between Customer's ISP and Provider, making communication difficult or impossible. Provider cannot bear the responsibility of such problems. Provider uses specialized monitoring agents to determine the uptime of its service, and not any one Customer's experience.

Customer acknowledges and agrees neither Provider nor any of its members, shareholders, directors, officers, employees, agents, representatives or resellers will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this Agreement and/or Acceptable Use Policy or by virtue of clauses 6.2, 7.1 and 7.5 of this Agreement. If, despite the foregoing limitations, Provider or any of its members, shareholders, directors, officers, employees, agents, representatives or resellers should become liable to Customer or any other person in connection with this Agreement and/or Acceptable Use Policy for ANY REASON, then the maximum aggregate liability of Provider, its members, shareholders, directors, officers, employees, agents, representatives or resellers for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Provider for three months of service under this Agreement.

14.1 No Warranty

THE PROVIDER MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE WEBSITE AND E-MAIL HOSTING SERVICE, ADVERTISING, THE FUNCTIONALITY, PERFORMANCE OR RESULTS AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND TITLE. PROVIDER SPECIFICALLY DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

14.2 Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, PROVIDERS MAXIMUM AGGREGATE LIABILITY, AND THAT OF PROVIDERS AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF PROVIDER AND OF PROVIDERS AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.

14.3 Common Carrier

Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, and is NOT a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer's material submitted to Provider for publication or published by Customer itself. Provider's publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.

14.4 Force Majeure

Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable-cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Government of Mauritius or of any other Government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said Governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

15.0 Indemnity

Customer will indemnify and save harmless Provider and its members, shareholders, directors, officers, employees, agents, representatives or resellers from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Provider or any of its members, shareholders, directors, officers, employees, agents, representatives or resellers in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this Agreement and/or Acceptable Use Policy, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

16.0 Governing Law

This Agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Republic of Mauritius. The courts of the Republic of Mauritius shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this Agreement and/or Acceptable Use Policy or any alleged breach of this Agreement and/or Acceptable Use Policy. The parties each attorney irrevocably to the jurisdiction of such courts.