AGREEMENT: In this service Agreement ("Agreement") you and your refer to each customer, we, us and our refer to Net 4 India Ltd. (hereinafter referred to as 'Net4India') and services refer to the web hosting service provided by us. This Agreement explains our obligation to you and explains your obligation to us for internet service. By using the services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published / mailed by us.

SERVICES: ''Net4India'' has agreed to provide internet services to the ''Client'' on receipt of applicable fee.

DEFINITIONS:

In this Agreement the following terms will have the following meanings:

Database: The compilation of the Data in electronic format;

Documentation: Explanatory text describing the Service and the Data, supplied in machine-readable format;

Internet Service Provider: Service provider for dial-up, leased line or ISDN access to the Service via the Internet;

Licensed User: Client including its employee, partner, student, member or other user entitled to bona fide access to the Service for reasons linked to the activities of the Client; in the case of a personal license the Client is the only Licensed User;

Client: The person, company, organisation, institution or other corporate body subscribing to the Service;

Order Form: The initial document and any subsequent document, whether in paper or electronic format, delivered from the client and accepted by the Net4India indicating the Service required initially and subsequent changes to the Service required;

Software: All parts of any software and any electronic user interface provided by the Net4India to the client in connection with the Service;

Start Date: The Date when the providing of service is started by Net4India.

Subscription Fee: The fee payable by the client for use of the Service for the period indicated on the Order Form from the Start Date;

Usage Fee(s): the fees payable for usage of the Service as indicated on the Order Form.

1. LICENSE:

1.1 This Agreement is a license agreement for the use of the Service by the Client and not an agreement for sale.

1.2 From the Start Date, Net4India grants to the client a non-exclusive, non-transferable license to use the Service in accordance with this License and only for the business purposes of the Client.

1.3 Where the Client makes acknowledgements, gives undertakings, or undertakes liabilities under this Agreement, it does so for itself and the Licensed users and where limitations or exclusions are imposed on the Client under this Agreement, the client accepts that these will bind both the client and the Licensed Users as if they were one entity. The Client warrants that it is authorised to agree to this Clause by the Licensed Users.

1.4 Where the client is a body other than an individual, the person accepting this Agreement represents that s/he is authorised by the client to accept this Agreement for and on behalf of the Client, and to bind the Client and Licensed Users thereby.

FEES AND PAYMENT:As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Dial up Access Agreement ("Agreement"), represents that the statements in its application are true and so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Web hosting is not done for any unlawful purpose.

All payments are to be made in favour of "Net 4 India Ltd." payable at New Delhi and is to be sent at the mailing address as mentioned in this Agreement by courier/registered post. No outstation cheques are accepted. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of 'Net4India', where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. 'Net4India' reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

You will not be provide dial up access services unless we receive actual payment of the registration or renewal or reasonable assurance of payment of the registration or renewal from some other entity (such reasonable assurance as determined by 'Net4India' at its sole discretion).

In the event of a charge back by a credit card company or dishonour of cheque / demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that the 'Net4India' can stop providing the services unless it receives the due payment alongwith the administrative charges. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

We will try to notify thirty (30) days prior to when a renewal fee is due (We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment). Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by 'Net4India'. due to non payment of dues or any other reason attributable to you do not amount to Hacking under Section 66 of the Information Technology Act, 2000.

All payments should be made through Cheque/Bank draft favouring 'Net 4 India Limited' payable at New Delhi. The payments are required to be paid in advance other wise 'Net4India' would not proceed with providing of its Services. No outstation cheques are accepted.

SERVICE ACCESS:

5.1 Where access to the Database(s) is provided online the Service will normally be available 24 hours a day throughout the subscription period. The normal availability of the Service may be varied on occasions. The Net4India reserves the right to suspend the Service temporarily and without notice for reasons beyond its control.

5.2 The Net4India reserves the right to make modifications or improvements to the Service and will make every reasonable effort to give the Client notice of such changes.

5.5 The Client shall pay all third party telecommunications or Internet service charges incurred by the Client connecting through the telecommunications network in order to access the Service.

PERMITTED ACTIVITIES:

6.1 The results of bona fide searches of the Service by the Client or Licensed Users may be viewed on screen, and extracts are permitted in print form subject to existing legislation, and to the client clearly acknowledging the source and ownership of the copyright in the extracted Data.

6.2 Transmission of extracts from the results of bona fide searches of the Service made by the Client or by Licensed Users is permitted through an electronic mail or facsimile system between Licensed Users and third parties only in connection with the provision of bona fide advice, provided that no additional fee is directly or indirectly levied for such transmission.

6.3 The Client agrees and acknowledges that one or more Data Providers may have a proprietary interest in parts of the Service, and the Client agrees not to remove, conceal or obliterate any copyright or other proprietary notices included in the Service.

6.4 The Client may make such temporary local electronic copies, by means of caching or mirrored storage, of all or part of the licensed Databases as are necessary to ensure efficient use by Licensed Users provided that such use is subject to all the terms and conditions of this Agreement.

PROHIBITED ACTIVITIES:

6.1 Except as permitted by law, and as permitted expressly by this Agreement, the Client shall not itself, nor allow any third party to duplicate or otherwise reproduce in whole or in part the Service or any part thereof.

6.2 Except to the extent permitted by law, the Client shall not modify, reverse assemble, decompile, or reverse engineer the Service or any part thereof or merge the Database or Software with any other software.

6.3. For purposes of the Prohibited/Abusive Activities, the term "content" means information or material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic, pictorial audio, or audio-visual form. When using the Access Service:

1. Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in India or elsewhere.
2. Fraud. You agree not to post or transmit any fraudulent content on or through the Access Service. This includes any content that you know or have reason to know is false, and that you intend for others to rely on.
3. False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
4. Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose. You further agree not to involve or associate NET4INDIA in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising an NET4INDIA-hosted web page, and unsolicited advertisements sent from another service provider which request that replies be sent to an NET4INDIA email address.
5. Copyright Violations. You agree not to post or transmit on or through the Access Service any content that infringes another person's or entity's copyright in all or any part of the content.
6. Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any content that infringes, dilutes or otherwise violates another person's rights in its trademarks, service marks, trade dress, or other indicia of origin.
7. Trade Secret Violations. You agree not to post or transmit on or through the Access Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
8. Obscenity. You agree not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Access Service.
9. Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
10. False Pretenses. You agree not to use the Access Service to impersonate any person, including but not limited to, an NET4INDIA official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
11. Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.
12. Inappropriate Content. You agree not to post or transmit on or through the Access Service content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
13. Scrolling. You agree not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service.
14. Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other subscribers, users, individuals, or entities.
15. Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
16. Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.
17. Abuse of NET4INDIA Procedures. You agree not to make false or unverified complaints against any NET4INDIA subscriber, or otherwise abuse any of NET4INDIA Complaint Response Procedures.
18. Systems Abuse. You agree not to abuse Net4India system, or any other system accessible through the Internet via NET4INDIA, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at NET4INDIA or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
19. SPAM. You agree not to post or cross post, regardless of content, copies of the same message to 20 or more newsgroups.
    (t) Support Abuse. You agree not to harass, threaten or abuse authorized representatives of NET4INDIA, including but not limited to tech support representatives, customer relations representatives, and sales representatives, or otherwise abuse Net4India support services.
20. Inappropriate software, products, and services. You agree not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of NET4INDIA or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
21. Reselling. You agree not to resell NET4INDIA services or products without an express written agreement with NET4INDIA to do so.

PRIVACY OF COMMUNICATIONS: NET4INDIA intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that NET4INDIA has the right, but not the obligation, to monitor or disclose the contents of private communication, if NET4INDIA, in its sole discretion, reasonably believes that such action is necessary:

(a) to comply with applicable law or valid legal process;
(b) to protect NET4INDIA rights or property; or
(c) in emergencies when a person's physical safety is at issue.

ONLINE GOODS AND SERVICES: NET4INDIA does not control or take responsibility for any Content, goods, or services which independent third parties may available on or through the Access Service. Subscribers may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. Please remember that NET4INDIA does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such Content, goods, or services, and your use thereof is solely at your own risk.

You should use your best judgment and exercise caution when purchasing a product or service through the Access Service. NET4INDIA will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. NET4INDIA assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. NET4INDIA disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.

GENERAL RESPONSIBILITIES OF THE CLIENT:

9.1 The Client will take all reasonable steps to ensure that the Service is used in accordance with the terms and conditions of this Agreement.

9.2 The Client agrees to indemnify the Net4India for losses and expenses incurred by the Net4India which arise out of any misuse of the Service by the Client or any misuse by any third party, where such misuse occurs as a result of breach by the Client of this Agreement.

9.3 The Client agrees that it is in a better position to foresee and evaluate any loss it may suffer in connection with this Agreement and that the fees payable to the Net4India have been calculated on the basis of limitations and exclusions below and that it is the Client's responsibility to effect such insurance as the Client considers necessary in respect of such loss having regard to its particular circumstances.

9.4 The Client undertakes to take all reasonable steps to prevent unauthorised access to the Service including usage beyond the limits indicated on the Order Form.

9.5 The Client is responsible for ensuring that its hardware and software are capable of accessing the Service. The Client is responsible for making regular backup copies of the contents of the hard disks of any computer on which the Service is being installed or used. The Client is advised to use appropriate anti-virus software when accessing the Service. The Net4India is not responsible for the availability of access to or links from the Service.

LIMITATION OF LIABILITIES:
10.1 The Net4India warrants that it owns or has obtained all necessary rights to grant this License.

10.2 The Service is supplied to the Client on an "as is" basis and neither the Databases nor the Software nor any part thereof has been written to meet the individual requirements of the Client. It is the sole responsibility of the Client to satisfy itself prior to entering this Agreement that the Service will meet its requirements and be compatible with its hardware/software configuration. The Net4India makes no warranty or representation in that respect and no failure of any part or the whole of the Service to be suitable for the Client's requirements shall entitle the Client not to accept the same or give rise to any right or claim against the Net4India.

10.3 None of the clauses above shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Net4India or its appointed agents.

10.4 The Net4India is not liable for any indirect or consequential loss (including without limitation loss of profits, goodwill or data) howsoever arising suffered by the Client and arising in any connection with this Agreement, whether or not the possibility of such loss has been discussed by the parties pre-contract.

10.5 Save where such liability arises out of breach of the warranty contained in Clause 11.1, the Net4India will have no liability for any liability of the Client to any third party.

10.6 The Net4India makes no express representations or warranties which are to the effect that the Database is free of errors or omissions and the Client shall not base any commercial decisions on the Data without independent verification of the Data.

10.7 The Net4India's aggregate maximum liability to the Client in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 11.3 and 11.4 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to the total Subscription Fee or Usage Fee for one year.

NO WARRANTY:

11.1. YOU AGREE THAT YOUR USE OF THE ACCESS SERVICE, THE ACCESS SERVICE SOFTWARE, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE ACCESS SERVICE AND THE ACCESS SERVICE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

11.2. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, Net4India DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO:
(A) LOSS OR CORRUPTION OF DATA;
(B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE;
(C) ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(D) COMPUTER VIRUSES;
(E) NON-DELIVERY OR MIS-DELIVERY OF DATA;
(F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF Net4India OR Net4India SUBSCRIBERS;
(G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS SERVICE,
(H) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND Net 4 India CONTROL.

11.3. You may not rely on oral or written information or advice given by Net4India officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and Net4India responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by NET4INDIA to govern the use of the Access Service.

INDEMNIFICATION:

12.1. You agree to defend, release, indemnify, and hold Net4India, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Access Service.

12.2. You agree that Net4India has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

CONFIDENTIALITY: The Net4India shall use all reasonable endeavours to ensure that no servant or agent of the Net4India shall, without the consent of the Client, disclose to any third party confidential information relating to searches carried out by the Client using the Service.

INTELLECTUAL PROPERTY RIGHTS:

14.1 The Client acknowledges that it obtains no copyright or other right in the nature of copyright or any other intellectual property right whatsoever in the Service or any part thereof or in the Software, Databases, or any documentation or print-out by virtue of this Agreement.

14.2 Copyright subsists in the Software. The Software was created and developed by the owners of the copyright in the Software as displayed on the screen. The copyright owners retain title and ownership of the original and all copies of the Software regardless of the form or media in or on which the original or other copies may exist. This Agreement is not a sale of the original or any copy, and nothing contained in this Agreement shall be construed as granting or otherwise transferring to the Client any copyright or ownership interest whatsoever in the Software.

TITLE AND ASSIGNMENT:

15.1 Neither this License nor any of the rights and obligations of the Client hereunder may be assigned, transferred, charged, sub-licensed, delegated or disposed of in whole or in part on a temporary or a permanent basis without the prior written consent of the Net4India.

15.2 The physical media on which any part of the Service is delivered to the Client remains the legal property of the Net4India.

TERM AND TERMINATION:

16.1 This License shall have an initial period of 12 months from the Start Date unless a different initial period is indicated on the Packages as mentioned in the site. This License shall continue automatically on an annual basis after the initial period unless another renewal cycle is indicated on the Order Form until terminated in accordance with this Clause 13.

16.2 The Client may terminate this Agreement by giving written notice at least 30 days prior to the start of the next period. Failure to give such notice will result in the automatic renewal of this Agreement as described in Clause 13.1.

16.3 The Net4India may terminate this Agreement at any time immediately by written notice to the Client in the event of an irremediable breach by the Client of this Agreement or after the Client, in the Net4India's reasonable opinion, has failed to remedy a remediable breach of these terms and conditions within 14 days of being given notice to do so. Net4India can terminate contract on non receipt of due service fees within the due period.

16.4 The Net4India may terminate this Agreement immediately on written notice if an agreement between the provider of one or more of the Databases and the Net4India is terminated. In this event, the Net4India shall promptly make a pro rata refund to the Client of any monies paid by the Client for the Service covering a period, which has not expired.

16.5 In the event of termination of this Agreement other than in accordance with Clause 17.2, the Client shall cease to have access to or have any rights or license in respect of any Service provided on any media.

16.6 Termination of this Agreement shall be without prejudice to the parties' other rights or remedies.

GENERAL:

17.1 Force Majeure. Neither party shall be liable for any loss suffered by the other or be deemed to be in default for any delays or failures in performance (other than failure to make payments) hereunder resulting from acts or causes beyond its reasonable control.

17.2 No Waiver Any delay or forbearance by the Net4India in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

17.3 Entire Agreement. This Agreement, Packages as mentioned in the site constitutes the entire agreement between the parties hereto.

17.4 Severability. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

17.5 Variations. This Agreement may only be varied in writing by means of a variation of its clauses signed by both parties or by an updated Order Form.

17.6 Independent Contractors. The parties are independent contractors and nothing in this agreement shall be deemed to place the parties in the relation of employer-employee, principal-agent or partners or in joint venture.

NOTICE: Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by registered mail or courier, postage prepaid, 5 days after the date of mailing.

Net 4 India Limited
504, Bhikaji Cama Bhawan,
Bhikaji Cama Place,
New Delhi- 110 066

ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

Net 4 India Limited
504, Bhikaji Cama Bhawan,
Bhikaji Cama Place,
New Delhi- 110 066

GOVERNING LAW: This Agreement shall be governed by the law of Union of India and the parties thereto submit to the non-exclusive jurisdiction of the Courts National Capital Territory of Delhi.

ANNEXURES: Packages as mentioned in the site is part of this agreement and shall be read along with the agreement.

HEADING: Heading used in this agreement are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

NON ASSIGNMET: This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Notwithstanding the above, this Agreement may not be assigned in whole or in part by a party, without the written consent of the other party, without the written consent of the other party, which shall not be unreasonably withheld, provided, however that this Agreement may be assigned to the successor to the whole of a party's business without such consent. Any assignment in violation of this paragraph shall be null and void.

INFANCY: You attest that you are of legal age to enter into this Agreement.