Privacy policy
Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using Website you consent to the collection and use of this information as provided in our Privacy Policy.
Third party services
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. We are not responsible for the availability or lack of availability of such external websites or resources. If you choose to interact with the third parties made available through our Service, such third party’s terms shall govern their relationship with you. We shall not be liable or responsible for such third parties’ terms and actions. When you travel from our website to another website, whether through links provided on the website or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information. We have no control over, and therefore accept no responsibility for, the content of any third-party website.
Renewal and Expiration
My Hosting Kart is committed to ensuring a seamless experience for our valued customers. As part of our service, we will send you a notification via email or WhatsApp seven (7) days prior to the renewal or expiration of your services. However, please understand that we cannot be held responsible if you encounter any network or technical issues that prevent you from receiving the notification.
It is crucial to note that failure to renew your services in a timely manner will result in immediate suspension or expiration. In such cases, all data associated with the services will be permanently deleted. We kindly remind you that My Hosting Kart cannot be held accountable for any loss of data that may occur as a result.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within India (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.
Termination
1. Failure to pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by My Hosting Kart including legal fees.
2. We may terminate your services immediately with no liability on My Hosting Kart, if you breach or violate any terms of this Agreement including applicable laws. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
HIPPA Disclaimer
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. My Hosting Kart does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. My Hosting Kart does not sign “Business Associate Agreements,” and you agree that My Hosting Kart is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. My Hosting Kart PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. My Hosting Kart DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
My Hosting Kart TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE, ANY MATERAIL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. My Hosting Kart DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOUR OR ANY OTHER USER, ON OR OFF THE SERVICE.
Indemnification
You agree to indemnify, defend and hold harmless the My Hosting Kart from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against My Hosting Kart arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement and the applicable laws; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Limitation of Liability
We shall not be liable for non-performance or delay in performance caused by any reason, whether within or outside of its control. In no event will My Hosting Kart be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any subscriber content, subscriber website or other materials accessed or downloaded through the services, even if My Hosting Kart is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you or any party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the one (1) month fee paid by you to us for the services. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.