These Terms of Use are effective as of 1st April 2025.
Welcome to NetForChoice These Terms of Use ("Terms") apply to your ("you" or "your" or "User") use of NetForChoice's data centre and its related SaaS, IaaS and PaaS services (the "Service"). By using the Service, you agree that these terms will become a legally binding agreement between you and the NetForChoice Contracting Entity identified in these Terms ("NetForChoice").
A. USING NETFORCHOICE. NetForChoice is a data center, providing SaaS, IaaS, PaaS and Dedicated Cloud Hosting Services to businesses and corporates ("customers"). NetForChoice provide hosting services to the customers from India as well as to that of other nationalities and jurisdictions. When you use the Service, you'll have access to a variety of hosting plans, network and database infrastructure, administration tools and readymade solutions provided by NetForChoice. The content that you access shall be protected by relevant Intellectual Property Laws under which they are protected. To avail the services of Net4Choice Data Center, you shall abide by the BYOL (Bring Your Own License) Policy of NetForChoice and your use of such NetForChoice Services and Solutions is subject to the "Content and Licensing Policy" of NetForChoice and its licensed software, service, or solutions providers, which is mentioned below:
The websites / platforms / solutions and other technology infrastructure that enables the users to access the hosting services of NetForChoice are either the proprietary software of the company or may have been licensed to NetForChoice under original software / service / platform / solution provider. However, the use of these services would require the third-party licenses to be availed by the users. The right to use or access these services do not in any manner grant the right of sale, lease, commercialization, transfer or any other third-party rights to the user of such services and therefore, NetForChoice adopts a BYOL (Bring Your Own License) for any third party software or solutions that would be needed for smooth and efficient functioning of the Hosting services by NetForChoice.
NetForChoice provides a general use content and license which is intended for one user that is using it for the purpose of the administration, installation and updates to user specific content, software and services. It does not confer any rights to Software or Intellectual Property of NetForChoice to the user. Neither it automatically provides the licensing rights of the third-party software that may be pre-requisite to avail the services or solutions provided by NetForChoice nor such rights are bundled with any solutions that NetForChoice may offer. The cloud tenants are expected to procure their own licenses for the smooth functioning of the services and solutions provided by NetForChoice.
NetForChoice is an Authorized Mobility Partner for software product companies such as Microsoft, SAP etc. and has valid Services Provider License Agreement in place, which enables the tenants and procurers of the Cloud Solutions from NetForChoice to deploy the licenses bought by them from these software providers.
The license terms and conditions are governed by the software provider licensing terms and conditions known as "Product Terms". These terms and conditions can be found in the licensing terms and conditions section of the respective software provider. For example, such terms and conditions for Microsoft Azure products can be found at the following link: https://www.microsoft.com/licensing/terms.
Similarly, the licensing terms for other vendors and service providers can be referred to at their respective websites in Licensing Section.
NetForChoice does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
The services of NetForChoice are permitted to be used for the purposes they are designed and with the authorized partners of NetForChoice. Any use of service beyond and above what is meant to be used as a service shall be treated as the violation of the Acceptable Use Policies and the users shall themselves be liable for any damages arising out of such use.
By using the Service, you acknowledge and agree to NetForChoice's Privacy Policy. The privacy policy can be accessed through the following link: Privacy Policy.
You may use the Service only if you can form a binding contract with NetForChoice and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all your obligations hereunder.
You agree not to use the services of NetForChoice to directly or indirectly, in any manner that:
a) Promotes or creates any physical or emotional risk to any person or animal.
b) Promotes to create harm or loss to any property,
c) Promotes any kind of illegal activities
d) Promotes child labour or any physical, emotional or mental harm to the children.
e) Is fraudulent or promotes fraudulent activities.
f) Violates the rights of any individual or third party, including their intellectual property and data privacy rights.
g) Contains any information or content that you do not have a right to make available under any law or due to confidentiality, contractual, or fiduciary duties
h) Promotes or provides any information that is false or misleading or contrary to the general beliefs or legal boundaries of the law of the land.
i) Violates any of the laws of any jurisdiction and promotes activities that are illegal in nature in any jurisdiction.
j) Threatens or undermines the democratic process or sovereignty of the state.
B. SIGNING UP WITH A MANAGED EMAIL ADDRESS. The users should create accounts using their official email ids and phone numbers. The email accounts / phone numbers shall be of the authorized users only that intend to perform the administrative tasks on the cloud hosting administrative panels. The user accounts need to be secured as per the account policies of NetForChoice.
A. AGE REQUIREMENT. Children may not access or use the service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 12.
B. YOUR LIABILITIES TO PROTECT YOUR ACCOUNTS. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. NetForChoice reserves all rights not expressly granted under these Terms. Each person must have a unique account, and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.
While registering on NetForChoice's Website or Mobile App, the User will have to choose a authentication method to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify NetForChoice immediately in writing of any unauthorized use of their password or account or any other breach of security. NetForChoice will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time. User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end.
C. ANTI-DISCRIMINATION. NetForChoice does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.
D. RESTRICTIONS ON USE OF THE SERVICE. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Intellectual Property Protected Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for any purpose (including but not limited to AI, machine learning, and data science purposes); or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
A. INFORMATION SECURIT AND DATA PRIVACY. NetForChoice implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure. You can learn more about how NetForChoice protects the Service and your information at NetForChoice's Privacy Policy. Privacy Policy applies to the personal data that NetForChoice collects, uses, transfers, discloses and stores about your accounts, use of the Service. Any categories or personal data or processing operations will be processed and protected by NetForChoice in accordance with NetForChoice's Privacy Policy.
NetForChoice keeps all the personal data in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., NetForChoice may at times verify certain information of its Users like their credit score, as and when required.
Additionally, NetForChoice may share your Personal Information in an anonymized and/ or aggregated form with a third party that NetForChoice may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing, etc. in accordance with the applicable laws.
NetForChoice adopts the best industry standard to secure the information as provided by the User. However, NetForChoice cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
The data of the User as available with NetForChoice may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
Unless NetForChoice explicitly acts as a reseller in certain scenarios, NetForChoice always acts as a facilitator by connecting the User with the respective third party service providers like original software vendors, cloud hosting service providers, SaaS solutions providers etc. (collectively referred to as "Service Providers").
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. NetForChoice will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
Unless explicitly committed by NetForChoice as a part of any product or service:
• NetForChoice assumes no liability for the standard of services as provided by the respective Service Providers.
• NetForChoice provides no guarantee with regard to their quality or fitness as represented.
NetForChoice doesn't guarantee the availability of any services as listed by a Service Provider. By using our services, User understands NetForChoice merely provides a technology infrastructure and platform for use of their services and products and the ultimate liability rests on the respective Software Vendros and Service Provider and not NetForChoice. Thus, the ultimate contract of service is between User and the respective Service Provider to the extent of the services provided by the service providers. Netforchoice shall be responsible for the hosting solutions to the extent of providing SaaS, IaaS and PaaS platforms for hosting. The uptime and the continual availability of the SaaS, IaaS and PaaS platforms is a responsibility of NetForChoice to the extent it does not use any third-party services. Whilst NetForChoice will make a conscious attempt to provide holistic solutions to its Users, NetForChoice does not warrant the availability of these services, which are beyond the control and capacity of NetForChoice.
User further understands that the information displayed on the Website with respect to any service is displayed may be furnished by the Service Provider. NetForChoice, therefore cannot be held liable in case if the information provided by the Service Provider is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force. Any content that is posted by the partners on the NetForChoice app or website is the sole responsibility of the partner properties. NetForChoice does not own any liability of the quality of content or any description of services that partner properties list on NetForChoice.
Users are advised to check the description of the services and products carefully before availing any service through our platform. User(s) agree to be bound by all these conditions / policies. These conditions are also to be read in consonance with the Terms of Use Agreement.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through NetForChoice. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services or for each transaction.
The services are provided on an "as is" and "as available" basis. NetForChoice may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. NetForChoice expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from NetForChoice or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes NetForChoice's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of NetForChoice and its licensors. You assign to NetForChoice any suggestions, ideas, enhancement requests, or other feedback you provide to NetForChoice relating to the Service or NetForChoice's products. NetForChoice owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products that do not belong to third party service providers.
We get great ideas about how to improve NetForChoice from our users. If you share feedback or ideas with us, you're letting us use that information to improve NetForChoice, and we own any of those improvements we make.
The Service is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, NetForChoice, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. NetForChoice does not warrant that your use of the Service will be uninterrupted or error-free. Although NetForChoice strives to provide seamless services, NetForChoice does not warrant that your use of the Service will be without any bugs or downtime. NetForChoice does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that NetForChoice does not own, operate, or control, and that NetForChoice is not responsible for any of your data lost, altered, intercepted or stored across such networks. NetForChoice will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside NetForChoice's reasonable control. The control of any data that is put on NetForChoice servers is exclusive responsibility of the Users and providers of that data. NetForChoice does not access your data in any form or way. NetForChoice can facilitate you to keep your data in encrypted format and provides secure transmission protocols to transfer data securely. It is the responsibility of the Users to use these services to the best of their ability, knowledge and security.
You may elect to use the Service in conjunction with third-party websites, platforms or apps. Your use of a Third-Party Service is subject to the terms and conditions applicable to that Third Party Service. NetForChoice makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third-Party Services.
You agree, to the extent permitted by law, to defend, indemnify and hold harmless NetForChoice and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
If NetForChoice suffers harm due to your content or your violation of these Terms, or if someone tries to hold NetForChoice responsible for your content or your violations, you'll be responsible for any costs incurred by NetForChoice and defending NetForChoice.
A. COMPLIANCE WITH APPLICABLE LAW. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. NetForChoice agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
B. GOVERNING LAW AND VENUE. These Terms will be governed by and construed in accordance with the laws India, without regard to any conflict of laws provisions.
D. DISPUTE RESOLUTION. If you have a dispute arising out of these Terms, contact us. First and foremost, we'll attempt to work with you to resolve the dispute. In the event that we're unable to resolve a dispute directly, you and NetForChoice each agree to resolve any claim, dispute, or controversy (excluding any NetForChoice claims for injunctive or other equitable relief) arising out of or in connection with these Terms and/or the Service (collectively, "Claims"). In case of any disputes remaining, Courts of State of Delhi in India will have the exclusive jurisdiction.
E. NETFORCHOICE CONTRACTING ENTITY. The NetForChoice entity contracting with you under these Terms and the address to which you should send legal notices at:
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F. ASSIGNMENT. You may not assign these Terms or any of your rights under these Terms without NetForChoice's consent except to any successor by way of a merger, acquisition, or change of control. NetForChoice may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
G. SEVERABILITY. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions, and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
H. WAIVER. NetForChoice's express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect NetForChoice's ability to enforce any provision thereafter.
I. NOTICES. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
J. CHANGES TO THESE TERMS. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on NetForChoice.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
K. CHANGES TO THE SERVICE. NetForChoice may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. NetForChoice will migrate or make available to you a substantially similar service provided by NetForChoice (if available). NetForChoice may charge a platform / convenience fee from the users.
L. FORCE MAJEURE. There can be exceptional circumstances where NetForChoice and / or the third party Service Providers may be unable to provide the uninterrupted supply of services due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues etc. or any other reason beyond the control of NetForChoice. If NetForChoice has advance knowledge of any such situations where disruptions of services may happen, it will make its best efforts to provide similar alternative to the User. The User agrees that NetForChoice being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User must contact the third party Service Provider directly for any further resolutions, resumption of services or for any refunds etc.
M. ENTIRE AGREEMENT. These Terms and the terms and policies referenced herein constitute the entire agreement between you and NetForChoice with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and NetForChoice,whether written or oral, with respect to the Service including previousversions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.
A. In an event of violation of any of these user terms or conditions, or any act which is in contravention of the acceptable use policies, security policies, data privacy policies, or any other policy issued by NetForChoice, from time to time, the company reserves the right to terminate the user accounts. NetForChoice also reserves the right to permanently terminate the user accounts if users are found to be in the gross violation of the applicable laws.
