Bluehost India’s Arbitration Agreement (the “Arbitration Agreement”) includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. Unless otherwise stated, defined terms in this Arbitration Agreement have the meanings provided to them in Bluehost India’s Terms of Service. Bluehost India may modify this Arbitration Agreement at any time with appropriate notice.
Bluehost India and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Arbitration Agreement between Bluehost India and you.
A party who intends to seek arbitration must first send written notice to Bluehost India's Legal Department of its intent to arbitrate ("Notice"). The Notice to Bluehost India should be sent by any of the following means: (i) electronic mail to [email protected]; or (ii) sending the Notice to Attn: Legal Department, Endurance International Group (India) Private Limited, Building No. 3, 5th Floor, Unit No. 501, North Wing IT, NESCO Complex, Western Express Highway, Goregaon(E), Mumbai 400063, Maharashtra, India. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Bluehost India may commence an arbitration proceeding by a sole arbitrator.
The seat and venue of the arbitration shall be Mumbai, India; and the arbitration shall be governed by the Mumbai Centre for International Arbitration (“MCIA”). The appointment of the arbitrator and arbitration proceedings shall be conducted in accordance with the rules of the MCIA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, provided, however, that the arbitrator is bound by the terms of this Arbitration Agreement.
If you initiate litigation or any other proceeding against Bluehost India in violation of this section, you agree to pay Bluehost India’s reasonable attorneys’ fees incurred in connection with its enforcement of this section.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR BLUEHOST INDIA MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Notwithstanding the above, in the event of any breach of the terms of this Arbitration Agreement, both parties shall be entitled, in addition to all other remedies, to obtain injunctive relief from appropriate courts including courts in India.
Last modified on: May 9, 2022.