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 mail service provided by us. This Agreement explains our obligation to you and explains your obligation to us for web mail 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 Web Mail services to the ‘‘Client’’. The Service is provided free of charge.

CLIENT COVENANTS:

We cannot check to see whether the mail sent by you in our server infringes legal rights of others. We urge you to investigate and ensure that mail sent by you do not infringes the legal right of others. During the period that ‘‘Net4India’’ provides Web Mail service, ‘‘Client’’ shall not send on the mail any content that: a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) is obscene, pornographic or indecent; or (e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information.

INDEMNITY:

‘Client’ shall indemnify, defend and hold ‘‘Net4India’’ harmless against any third party claim, action, suit or proceeding alleging any breach of the ‘Client Covenants’ as stated in clause 3 or arising from errors or inaccuracies in the content. ‘Client’ shall indemnify ‘‘Net4India’’, its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by ‘Net4India’ as a result of a judgement entered against ‘Net4India’ in any such claim, action, suit or proceeding. Net4India can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.

LIMITATION OF LIABILITY:

a)Notwithstanding anything contained herein to the contrary, ‘Net4India’ shall not be liable to the ‘‘Client’’ or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of ‘‘Net4India’’. ‘‘Net4India’’ and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if ‘Net4India’ has been advised of the possibility of such damages.

b)Under no circumstances aggregate liability payable by ‘‘Net4India’’ will exceed the total fee received from the ‘‘Client’’ under this Agreement.

AGENTS:

You agree that, if an agent for you (i.e and Internet Service Provider, Web design company, employee, etc) uses our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein

ANNOUNCEMENTS:

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.

DISCLAIMER OF WARRANTIES:

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ‘Net4India’ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

GOVERNING LAW:

This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction to the National Capital Territory Region of Delhi.

SEVERABILITY:

Waiver, if any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver of either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

HEADING:

Heading used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.

ASSIGNMENT:

The parties’ rights and obligations will bind and inure to the benefit of their respective successors and assigns

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.

INFANCY:

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

ACCEPTANCE OF AGREEMENT:

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.