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Welcome to IndianDost a
service of IndianDost Network, Inc. (hereinafter referred to
as "IndianDost Network, Inc." , "IndianDost",
"IndianDost Site" or "Site"). You must
read and agree to these terms and conditions before you may
access or view our Site. Please read them carefully. By visiting
the IndianDost Site, you are agreeing to its terms. This
Agreement is subject to change at any time, and changes are
effective upon posting. Bookmark this page and check it
frequently as it is up to you to refer to this page for any
amendments/changes to the original Agreement.
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1. Eligibility:
You
must be eighteen or over to register as a member of or use this
Site. Membership in the service is void where prohibited. By
using and/or viewing this site, you represent and warrant that
you have the right, authority, and capacity to enter into this
Agreement and to abide by all of its terms and conditions and
that you are at least 18-years old. (21-years old in AL, MS, NE,
WY, and any other location where 18 is not the age of majority).
2. Fees/Termination:
IndianDost's and
IndianDost Network, Inc. usage and/or
subscription fees and duration of services were provided to you
upon registration and may change from time to time upon
electronic notice to you. IndianDost Network, Inc. reserves
the right to terminate your access to the Site for any reason or
no reason. IndianDost Network, Inc. may terminate your
membership upon sending notice to you at the email address you
provide in your application for membership or such other email
address as you may later provide to us. If IndianDost Network,
Inc. terminates your membership in the IndianDost service
because you have breached this Agreement, you will not be
entitled to any refund of any unused subscription fees. Even
after this Agreement is terminated by us, certain provisions
will remain in effect including sections 1, 3, 12, 13, 14,
inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any
penalty or obligation, at any time prior to midnight of the
original contract seller's third business day following the date
of this contract, excluding Sundays and holidays. To cancel this
agreement, mail or deliver a signed and dated notice, or send a
telegram which states that you, the buyer, are canceling this
agreement, or words of similar effect. This notice shall be sent
to: IndianDost Network, Inc., Customer Service –
Cancellations, 445 Sherman Avenue, Suite C, Palo Alto, CA 94306.
If by reason of death or Disability you, the buyer, are unable
to receive all services for which the buyer has contracted, the
buyer and the buyer's estate may elect to be relieved of the
obligation to make payments for services other than those
received before death or the onset of Disability.
"Disability" means a condition which precludes the
buyer from physically using the services specified in the
contract during the term of disability and the condition is
verified in writing by a physician designated and remunerated by
the buyer. The written verification of the physician shall be
presented to IndianDost, the seller. If you, the buyer, have
prepaid any amount for services, so much of the amount prepaid
that is allocable to services that the buyer has not received
due to death or Disability shall be promptly refunded to the
buyer or his or her representative.
3. Non-Commercial Use by Members/Viewers:
This IndianDost
site is for the personal use of individual members
and viewers only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or
businesses may not become members of this IndianDost site and
shall not use the IndianDost service or site for any purpose
including but not limited to: sending unsolicited commercial
e-mail to members, sending advertisements for other web sites
and services in this site's chat rooms, or using member personal
identifying information for commercial purposes. Illegal and/or
unauthorized uses of the site, including unauthorized framing of
or linking to the site or the sending of unsolicited commercial
email will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and
injunctive redress and/or termination of membership at IndianDost's sole discretion. In order to prevent the sending
of unsolicited commercial email or chat messages to its members,
IndianDost Network, Inc. may take reasonable steps, including
the limiting of the numbers of emails or chat messages sent or
received by a member and electronically filtering or throttling
or terminating e-mail and chat messages at IndianDost Network,
Inc.'s sole discretion.
4. Proprietary Rights of Content on IndianDost:
IndianDost
Network, Inc. owns and retains other proprietary
rights in the IndianDost site and the IndianDost service.
The site contains the copyrighted material, trademarks, and
other proprietary information of IndianDost Network, Inc., and
its licensors. Except for that information which is in the
public domain or for which you have been given permission, you
may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) IndianDost
Network, Inc. claims immunity from liability to the
fullest extent under the law and as provided under the
Communications Decency Act for Content provided by third parties
and members and nothing in this Agreement is intended to waive,
remove, or usurp such immunity. You understand and agree that IndianDost
Network, Inc. may delete any content, messages,
photos or profiles (collectively, "Content") that in
the sole judgment IndianDost Network, Inc. violates the Terms
of Use or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of IndianDost Network, Inc. and/or its members.
B) You are solely responsible for the content that you publish
or display (hereinafter, "post") on the IndianDost,
or transmit to other IndianDost Network, Inc. members.
C) By posting content to any public area of IndianDost, you
automatically grant, and you represent and warrant that you have
the right to grant, to IndianDost Network, Inc. and its
members, an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to
prepare derivative works of, or incorporate into other works and
other media, such information and content, and to grant and
authorize sublicenses of the foregoing. For privacy terms,
please refer to our Privacy
Policy.
D) IndianDost Network, Inc.will investigate and take
appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation,
removing the offending communication from the site or service
and terminating the membership of such violators. The following
is a partial list of the kind of content that is illegal or
prohibited on the site - it includes content that: is patently
offensive to the online community, such as content that promotes
racism, bigotry, hatred or physical harm of any kind against any
group or individual; harasses or advocates harassment of another
person or invades their privacy; involves the transmission of
"junk mail", "chain letters," or unsolicited
commercial e-mail or "spamming"; promotes information
that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; promotes an illegal or unauthorized copy
of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page); displays pornographic or sexually explicit material of
any kind; provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18; provides content that involves
cursing, swearing, incest, falsifying gender, violence,
necrophilia, impersonating another member, threat of suicide or
harm to oneself or others, drug paraphernalia, or beastiality;
provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; solicits
passwords or personal identifying information for commercial or
unlawful purposes from other users; sending advertisements in
chat or instant messaging messages; and engages in commercial
activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, and pyramid
schemes.
E) You must use the IndianDost service in a manner consistent
with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web
pages or the content contained herein without our prior
expressed written permission. You agree that you will not use
any device, software or routine to bypass or to interfere or
attempt to interfere with the proper working of the IndianDost Site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated
on a real time basis and is proprietary or is licensed to IndianDost
Network, Inc. by our users or third parties.
G) You may not engage in advertising to, or solicitation of,
other members to buy or sell any products or services through
the service. You will not transmit any chain letters or junk
email to other IndianDost members. Although IndianDost Network, Inc. cannot monitor the conduct of its members off the
IndianDost site, it is also a violation of these rules to use
any information obtained from the service in order to harass,
abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any member without their prior explicit
consent.
6. Copyright Policy/DMCA Notice:
You may
not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such
proprietary rights or otherwise have a valid basis under the
law, including "fair use". Without limiting the
foregoing, if you believe that your work has been copied and
posted on the IndianDost service in a way that constitutes
copyright infringement, please provide our Copyright Agent with
the following information consistent with the Digital Millennium
Copyright Act (DMCA): an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you
claim is infringing is located on the our site including the
URLs of web pages and/or hyperlinks; your address, telephone
number, and email address; a written statement by you that you
have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. IndianDost
Network, Inc.'s Copyright Agent for Notice of
claims of copyright infringement or those under the DMCA can be
reached as follows:
www.indiandost.com
aloka13@rediffmail.com
It is the intention of IndianDost Network, Inc. to fully
comply with the DMCA, including the Notice and "take
down" provisions and to benefit from the safe harbors
immunizing it from liability to the fullest extent provided by
law, and to the extent the Notice and "take down"
requirements above deviate from the requirements under the DMCA
then the Notice requirements as provided by the DMCA shall
control and are herein incorporated by reference.
7. Member Disputes:
IndianDost
Network, Inc. does not control the information
provided by other users that are made available through our
system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common
sense, and safety when using our site. You are solely
responsible for your interactions with other IndianDost members. Because it is not involved in member interactions, in
the event that you have a dispute with one or more members or
those who have posted, viewed, or used information on the IndianDost
site, you release IndianDost Network, Inc.,
including its officers, directors, agents, subsidiaries and
employees, from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code § 1542,
which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by
him must have materially affected his settlement with the
debtor." IndianDost Network, Inc. reserves the right, but
has no obligation, to monitor disputes between you and other
members.
8. Privacy:
Use of
the IndianDost site and/or its service is governed by our Privacy
Policy, which may change from time to time upon electronic
notice to you.
9. Disclaimers:
IndianDost
Network, Inc., including its officers, directors,
agents, subsidiaries and employees is not responsible for any
incorrect or inaccurate content posted on the IndianDost site
or in connection with the IndianDost service, whether caused
by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct
of any user and/or member of the IndianDost service whether
online or offline. IndianDost Network, Inc. assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, user and/or member communications. IndianDost Network, Inc. is not responsible for any problems or technical
malfunction of any telephone network or lines, computer
on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website
or combination thereof, including injury or damage to users
and/or members or to any other person's computer related to or
resulting from participating or downloading materials in
connection with the IndianDost site and/or in connection with
the IndianDost service. Under no circumstances IndianDost Network, Inc., be responsible for any loss or damage resulting
from anyone's use of the Site or the service and/or any content
posted on the IndianDost site or transmitted to IndianDost Members. The Site and the service are provided "AS-IS"
and IndianDost Network, Inc. expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. IndianDost
Network, Inc. cannot guarantee and does not promise
any specific results from use of the site and/or the IndianDost service.
Note to WebTV users: Our current Site technology does not
support WebTV access for the following:
* Instant Message Center
* Toolbar
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos
10. Limitation on Liability:
Except in
jurisdictions where such provisions are restricted (and in that
event liability is disclaimed to the fullest extent permitted by
law), in no event will IndianDost Network, Inc. be liable to
you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Site or the IndianDost
service, even IndianDost Network, Inc. has been
advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, IndianDost Network,
Inc.'s liability to you for any cause whatsoever, and regardless
of the form of the action, will at all times be limited to the
amount paid, if any, by you to IndianDost for the service
during the term of membership.
11. U.S. Export Controls:
Software
from this site is further subject to United States export
controls. No software from this Site may be downloaded or
otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such
list.
12. Arbitration of Disputes:
Any and
all disputes arising out of or related to these Terms of Use
and/or your relationship with IndianDost Network, Inc. and/or
your use of this Site shall be submitted to binding arbitration
according to the rules of the American Arbitration Association.
The parties to the arbitration shall evenly divide any and all
costs of the arbitration. Neither party shall be entitled to
attorney fees. All parties submit to exclusive jurisdiction in
Santa Clara County, California. The arbitration shall take place
exclusively in Santa Clara County, California at JAMS before a
retired judge and shall be governed by California law without
regard to its conflict of law provisions.
13. Indemnity:
You agree
to indemnify and hold IndianDost Network, Inc., its
subsidiaries, affiliates, officers, agents, and other partners
and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorney's fees, made by any third
party due to or arising out of your use of the service in
violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and
warranties set forth above.
14. Notices/Other:
Except as
explicitly stated otherwise, any notices shall be given by
postal mail to:
www.indiandost.com
aloka13@rediffmail.com
or to the email address you provide to IndianDost during the
registration process. Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that
the email address is invalid. Alternatively, IndianDost Network, Inc. may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to
IndianDost during the registration process. In such case,
notice shall be given 3 days after the date of mailing. You
agree that this Agreement and all incorporated Agreements may be
automatically assigned by IndianDost Network, Inc., in our
sole discretion, to a third party. Headings are for reference
purposes only and in no way define, limit, construe or describe
the scope or extent of such section. References to IndianDost Network, Inc. shall include its subsidiaries, affiliates,
officers, agents, and other partners and employees. IndianDost Network, Inc.'s failure to act with respect to a breach by you
or others does not waive its right to act with respect to
subsequent or similar breaches. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
IndianDost
www.indiandost.com
aloka13@rediffmail.com
(Revised March, 2005) |
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