LANSIGO DIGITAL SITES
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Terms of Service
8:01 PM 07-Sep-05
1. ACCEPTANCE OF TERMS
LANSIGO DIGITAL SITES, the Registered owner of domain name "websitenumber.com", and hereinafter referred to briefly as LDS ,welcomes you.LDS provides its services to you, registered users ,hereinafter referred to as users, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.websitenumber.com/tos.htm
2. DESCRIPTION OF SERVICE AND CHARGES:
a) LDS provides its users , access to webspace and necessary provision for display therein, of textual matter for purposes of advertisement or information, and also enables provision of links to URL addresses.This Service is charged at Rs.295/- (Two Hundred and Ninety Five) only per year, payable in advance. The charges will be reviewed from time to time, and any revision of rate will take effect from the end of the period of validity,then current.
b) LDS reserves the right to reject any application without assigning reasons.
c) The charges once paid will not be refunded under any circumstances.
d) If the annual charge is not renewed by the user before the end of the period of validity, then the services provided by LDS are liable to be withdrawn temporarily, or cancelled altogether, at the sole discretion of LDS, and the number earlier assigned to the user may be allotted to another .The LDS is not liable to compensate
any alleged consequential loss to the user .
e) The Service may include certain communications from LDS , such as service announcements, administrative messages, and the user shall not object to them, or opt out of receiving them.
f) Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall also be subject to the TOS.
g) The Service is provided "AS-IS" and that LDS assumes no responsibility for the promptness, timeliness, display, deletion, or failure to display or store any user material.
3) Advertisements of LDS. LDS may display, advertisements of its own or ,for a consideration, advertisements on behalf of others, in the same webpage in which the user is allowed to advertise. Income from these advertisements accrues to LDS only( in addition to the charges levied for the service from the user) .The user cannot object to display of such advertisements, and will not have any claim to any part of the income ,if any, arising out of such advertisements.
The advts mentioned in previous paragraph may include any advts inviting visitors to register with the site "www.websitenumber.com". LDS may at its discretion decide from time to time, whether and if so to what extent and in what manner, and for what period, the user can be given any incentive for having introduced new customers to
the site. The decision of LDS in this regard will be final and binding on the user.
4). YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the Govt of India or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or LDS has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, LDS has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof).
5) PRIVACY POLICY
You acknowledge, consent and agree that LDS may access, preserve, and
disclose your account information and Content if required to do so by law
or in a good faith/ belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of LDS, its member users and
the public.
6) MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and user ID account designation upon completing the
Service's registration process. and making payment. You are responsible for
maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to (a)
immediately notify LDS of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. LDS cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section.
7) MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether directly posted at the user site, or linked to therefrom, are at the sole
responsibility of the user who is registered with LDS. This means that you, and not LDS, are entirely responsible for all Content that you upload, post, transmit or link to, or otherwise make available via the Service. Under no circumstances will LDS be liable in any way for any Content, that is offensive, indecent or objectionable or contains errors or omissions , or for any loss or damage of any kind incurred as a result of the use of any Content posted ,or otherwise made available via. the service.
You acknowledge that LDS may or may not pre-screen Content, but that
LDS and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. LDS has the right to withhold the publication of matter if
necessary, in this regard, and for a reasonable period, if the situation warrants it. Without limiting the foregoing, LDS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
The user shall not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, or otherwise make available "junk mail," "spam," "chain letters," "pyramid schemes," etc
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Govt of India. and any rules of any national or other securities exchange, or any regulations having the force of law;
k) provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources)
to any organization(s) designated by any government as a terrorist organization;
l) "stalk" or otherwise harass another; and/or
m) collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through m
above.
8) SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the country in which you reside.
9) INDEMNITY
You agree to indemnify and hold LDS , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10) MODIFICATIONS TO SERVICE
LDS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LDS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11) TERMINATION
You agree that LDS may, under certain circumstances and without prior notice, immediately terminate your account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your LDS account includes (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made in LDS's sole discretion and that LDS shall not be liable to you or any third-party for any termination of your account, or access to the Service.
12) DEALINGS WITH ADVERTISERS:
Your correspondence or business dealings with, or participation in promotion of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LSD shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers on the Service.
13) PROPRIETY RIGHTS
You acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as
expressly authorized by LDS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service , in whole or in part.
14) DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. LDS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LDS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LDS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LDS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DISPLAY OR DATA; (iii) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; AND/OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
16) SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
LDS and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
17) NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
18) GENERAL INFORMATION
Choice of Law and Forum. The TOS and the relationship between you and
LDS shall be governed by the laws of the Government of India. You and LDS agree to submit to the personal and exclusive jurisdiction of the courts located at Chennai, India.
Waiver and Severability of Terms. The failure of LDS to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
account with LDS is non-transferable and any rights to your user I.D. or
contents within your account terminate upon your death, if it occurs
during the period of validity.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within two months after such
claim or cause of action arose or be forever barred. This will not however apply
to recovery of dues, if any, by LDS from the user.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
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