Terms and conditions

This Agreement is entered into between Aareeva and you ("you" or "Customer"), and governs the terms and conditions of your use of the Aareeva eMessaging Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference or published from time to time by Aareeva (collectively, the "Agreement"), constitutes the entire Agreement between Aareeva and you regarding the Aareeva eMessaging Services, and supersedes all prior agreements between the Parties regarding the subject matter of this Agreement. For purposes of this Agreement, "Aareeva eMessaging Services" or "Aareeva Services" or "Services" are defined as any and all services provided by Aareeva to you either now or in the future. By using Aareeva eMessaging Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

BY CLICKING ON "I AGREE" OR BY ACCESSING, BROWSING, OR USING THIS SITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU WILL NOT BE GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND OUR SERVICES. BY ACCEPTING THIS AGREEMENT, YOU WILL ALSO BE DEEMED TO HAVE (I) REPRESENTED AND WARRANTED THAT THE INFORMATION PROVIDED BY YOU IN THE APPLICATION IS TRUE AND CORRECT IN ALL RESPECTS AND THAT YOU WILL UPDATE SUCH INFORMATION IF IT CHANGES, (II) AGREED TO PAY ALL CHARGES TO YOUR ACCOUNT THAT YOU INCUR AS A RESULT OF USE OF THE SERVICES THROUGH YOUR ACCOUNT, AND (III) REPRESENTED AND WARRANTED THAT YOU ARE AT LEAST 18 YEARS OF AGE.

USER NAME AND PASSWORD: Upon approval of your Application, an account will be opened in your name and a user name and password will be provided to you that will enable you to access the Aareeva Web Site and use the Aareeva Services. Please remember that your user name and password are unique to you and should not be communicated to any other person. UNDER NO CIRCUMSTANCES WILL ANY REPRESENTATIVE OR EMPLOYEE OF Aareeva ASK FOR YOUR PASSWORD. By accepting this Agreement, you represent and warrant to Aareeva that you will not communicate your user name and/or password to any unauthorized user. You agree to assume sole responsibility for all harm resulting from the use of the user name and/or password by anyone other than yourself.

INVOICING AND PRICING: Customers will be invoiced monthly via email. Payment is due net 10 days from invoice date. Customers needing a printed invoice can print one from the Aareeva Web Site. Monthly invoicing by mail is available for an additional fee. Aareeva's current fees for services are incorporated by reference. Aareeva reserves the right to change its fees at any time, and such changes shall be effective upon publication to the Aareeva Account Management Center, which is accessible on the Aareeva website.

LATE PAYMENTS AND TERMINATION: Late payments will be charged interest fees of 1.5% per month. Delinquent accounts are subject to immediate termination and will only be reactivated upon payment of a two hundred dollar ($200.00) reactivation fee.

CONTENT: Aareeva has no control of the content of the information passing through Aareeva accounts. Aareeva does not represent or endorse the accuracy or reliability of any opinion, advice or statement made through a Aareeva account, and shall have no liability for any harassing, offensive or obscene material distributed through a Aareeva account, and for any material distributed through a Aareeva account which is distributed in violation of any third party's copyright or other intellectual property right, or for any use of its services that may violate, state, or local laws or regulations.

PERMITTED USAGE: Customer represents and warrants that it will only use Aareeva's services for lawful purposes and that its use of Aareeva's services will be in compliance with all state and local laws and regulations including, without limitation, the provisions of the Telephone Consumer Protection Act. Customer represents and warrants that it will not use Aareeva's services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, federal or other law or regulation. Customer represents that and warrants that it will not use Aareeva's services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right holder.

Aareeva'S WEB SITE: Conditioned on Customer's continued compliance with this Agreement, Aareeva grants Customer a non exclusive, non transferable, limited license during the terms of this Agreement to use and access the Aareeva Web Site ("Site"), all software, graphics and design elements contained in the Site and all other information and materials regarding your use of the services contained in the Site ("Content"). Except as expressly permitted by Aareeva in writing, you may not copy, upload, post, transmit, download, modify, distribute, sell, sublicense, transfer, mirror, frame or create derivative works of the Site or any part thereof, or any Proprietary Elements or Content. Further, you may not use any meta tags or any other "hidden text" utilizing Aareeva's name or any Proprietary Elements without Aareeva's prior written consent.

NATURE OF THE INTERNET: Customer acknowledges and agrees that the nature of the Internet is such that Aareeva cannot and does not guarantee access to the Site or its Services. Aareeva may, from time to time, temporarily suspend your access without any prior notice to you. Moreover, you understand and agree that Aareeva will not
be liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster or security breach that may prevent or interrupt access to or use of the Site, or cause information or communications transmitted through Aareeva's accounts to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information or communications or error.

LINKS: Aareeva makes no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and you agree that Aareeva has no responsibility for such links. Any linked sites are not under Aareeva's control, and it is not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Aareeva of the linked site or any information contained therein. When leaving this Site, you should be aware that Aareeva's terms and policies may no longer govern your use of linked sites, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data gathering practices, of each linked site.

CONFIDENTIALITY ON THE INTERNET: Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. You agree that Aareeva is not responsible for the security of any communication or information transmitted over the Internet by or for you. You assume all risks in transmitting information or communications to or from this Site, you must make your own determination as to these matters and Aareeva is not responsible for making any recommendations whatsoever to you.

WAIVER OF LIABILITY: AS A MATERIAL INDUCEMENT FOR Aareeva TO PROVIDE THE SERVICES HEREUNDER, CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Aareeva OR ANY AFFILIATED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES TO THIS AGREEMENT. THIS SITE AND THE SERVICES OFFERED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

DISCLAIMER: The Site and any information or communication transmitted from or through the Site is provided "AS IS," "AS AVAILABLE," and all warranties (whether express, implied or statutory) are hereby disclaimed by Aareeva and expressly waived by Customer (including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose).

TERM: This Agreement shall have a term of one (1) year commencing on the date that both Aareeva and Customer have executed this Agreement, and thereafter, this Agreement shall automatically renew for additional one (1) year periods absent written notice by either Aareeva or Customer to the other at least 60 days prior to the end
of the then current one (1) year period (collectively, the "Term").

INDEMNIFICATION: CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Aareeva, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY BREACH OF THIS AGREEMENT OR ARISING FROM THE TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER CONTENT USING THE Aareeva SERVICES. Aareeva SHALL BE DEFENDED BY ATTORNEYS OF THEIR CHOICE AT CUSTOMER'S EXPENSE.

GOVERNING LAW AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the New Delhi, India. The Parties stipulate to the exclusive jurisdiction of the federal and state courts located in New Delhi, India to hear any controversy or claim between the Parties arising out of or related in any way to this Agreement. The Parties also stipulate to personal jurisdiction in such courts and expressly agree not to contest venue or jurisdiction in such courts.

ATTORNEYS' FEES: In the event that Aareeva uses legal means to enforce any of its rights under this Agreement against you and is successful, then, in addition to any other remedy to which Aareeva is entitled, it shall also be entitled to be reimbursed by you for all costs and expenses Aareeva incurs to enforcing its rights, including,
without limitation, reasonable attorneys' fees.

NOTICES: Except as expressly stated otherwise, all notices to Aareeva shall be sent to 12/1,Mathura Road, Faridabad, India. All notices to you shall be sent to the email address that you provide to Aareeva in your Application. It is your responsibility to update your email address if it changes. Such notice shall be deemed received one (1) business day after the email is sent.

SEVERABILITY: If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

MISCELLANEOUS: This Agreement constitutes the sole Agreement between you and Aareeva relating to your use of this Site, the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either party. No waiver of any right under this Agreement by Aareeva will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Aareeva reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without your prior consent. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without Aareeva's prior written consent. This Agreement shall be binding upon and inure to the benefit of each Party to this Agreement and to their respective successors and permitted assigns. Any action or claim against Aareeva must be brought within one (1) month following the date on which the claim first accrued or shall be deemed forever waived. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION: Aareeva reserves the right to suspend or terminate access to the Site or its Services provided to Customer, at its sole discretion, for any reason or for no reason at all. Should Aareeva cancel Service, prepaid monthly fees for Service not rendered will be prorated and refunded. Set-up fees are not refundable. Upon the termination of your account, you remain liable for all charges to your account through termination. Aareeva will not be liable for any damages suffered by Customer due to Aareeva's suspension or termination of access to the Site or the Services.

THIRD PARTY BENEFICIARIES: This Agreement has been made and is made solely for the benefit of Aareeva and the Customer, and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights/remedies under or by reason of this Agreement on any third party.

Last updated June 20, 2006