PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE BUTTON MARKED "I ACCEPT" BELOW AND ENTERING YOUR SUBSCRIBER INFORMATION, AND BY VIRTUE OF YOUR USE OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK ON THE BUTTON MARKED "I DISAGREE," AND YOU WILL NOT BE SIGNED UP TO USE THE SPAMJADOO SERVICE.

A. SERVICE OFFERING. DATA INFOCOM LIMITED, its operating subsidiaries and affiliates ("DIL" or "Hosting Provider"), agrees to provide the Spamjadoo hosting, e-mail, dial-up and other services ("Services") referenced in this agreement. This Agreement (as defined below) between you ("you" may also be referred to as "Customer") and Hosting Provider sets forth the legal rights and obligations governing Hosting Provider provisioning or delivering Services to you and your use of those Services. This Agreement consists of the following terms and conditions, any applicable "Product Ts and Cs" (those terms applicable only to other Hosting Provider Services ordered or used by you and which are listed at www.spamjadoo.com ) (collectively, and as applicable, the "Terms and Conditions"), along with any applicable tariffs, which are fully incorporated herein (collectively, the "Agreement. For any Tariff Services, in the event of a conflict between the Terms and Conditions and a tariff, the tariff shall control unless cancelled, upon which the Terms and Conditions shall control. In the event of any inconsistency between the terms contained herein and other applicable documents, and only to the extent of the inconsistency, the additional terms and/or Product Ts and Cs shall control.

B. TERM. This Agreement shall become binding and effective upon the earlier of your acceptance or your first payment for services, and shall continue on a month-to-month basis until such time as terminated in accordance with the terms hereof. Either party may terminate the agreement and your subscription at any time for any reason or no reason upon 10 days notice. Hosting Provider may immediately restrict, suspend or terminate without notice, your access to and use of the Service upon any breach of this agreement. In the event of any termination for breach of this agreement, you may not establish a new Subscription with Hosting Provider for one year from the date of termination. Upon and after termination or suspension, Hosting Provider will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Hosting Provider in operating the Service, any change in the content of the Service, or any change in the amount or type of fees charged in connection with the Service, is to terminate this agreement by delivering notice to Hosting Provider, effective the day Hosting Provider receives notification of termination.

C. RATES AND PAYMENT. You agree to pay Hosting Provider the then-current monthly charges for the Service, along with any connect time charges, surcharges, applicable taxes and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment. You may find information regarding current rates for using: (i) the Spamjadoo Service by calling 91-9828025000, or by viewing http://www.spamjadoo.com  .Customer agree that Hosting Provider may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If Hosting Provider does not receive the full amount of Customer's Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 2%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. Hosting Provider reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. Hosting Provider may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit. You are responsible for obtaining, providing and paying for all means of access (for example, telephone, dial-up or ADSL or ISDN charges) associated with connecting to the Service (you are encouraged to contact your ISP to determine whether your means of access is a toll-charge or not). You are responsible for all activities and charges resulting from use of your principal account on the Service. Charges for Dial-Up Internet Access Services do not include costs associated with connecting through an available access number. To avoid unwanted toll or long-distance charges, please check with your local phone company to determine if the selected number is a non-toll/local call.

D. ACCEPTABLE USE POLICY. Your use of the Services is subject to, and you agree to be bound by, the DIL Acceptable Use Policy ("AUP") found at www.spamjadoo.com , and which is incorporated by reference herein. You acknowledge that you have read the AUP and agree to be bound by the current version of the AUP, which may be updated from time to time, and to comply with its terms, all laws, regulations and other legal requirements that apply to these terms and conditions, your use of the Service and your presence on the Internet.

E. RIGHT TO MAKE SERVICE CHANGES. Hosting Provider retains the right in its discretion and without liability to Customer, to change the methods, processes and/or the suppliers by which Hosting Provider provides Services to Customer, as well as to change, add to or delete Service offerings with appropriate notice to Customer.

F. SOFTWARE AND INFORMATION PRODUCTS AND SERVICES. You acknowledge that except for software, information products or services ("Software/IT Product") clearly identified as being owned and licensed by Hosting Provider under separate terms, Software/IT Products are owned and licensed by suppliers, licensors, or affiliates of Hosting Provider. Any Software/IT Product accessible through the Service, and all merchandise, information and services offered or made available or accessible through the Service, are provided "AS IS." NOTHING IN THIS AGREEMENT OR YOUR USE OF THE SERVICES CONSTITUTES A LICENSE OR TRANSFER OF ANY OWNERSHIP RIGHTS IN ANY SOFTWARE/IT PRODUCT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY SOFTWARE/IT PRODUCT ACCESSIBLE THROUGH THE SERVICE (i) MAY BE SUBJECT TO US AND INTERNATIONAL COPYRIGHT, PATENT AND TRADEMARK PROTECTION, AS WELL AS U.S. EXPORT CONTROLS AND RESTRICTIONS AND OTHER CONDITIONS IMPOSED BY LICENSOR(S); (ii) ARE TO BE USED SOLELY INCONNECTION WITH THE SERVICES; AND (iii) ARE PROVIDED WITHOUT WARRANTIES FROM HOSTING PROVIDER AS FURTHER DESCRIBED BELOW. YOU MAY NOT MAKE COPIES OF ANY SOFTWARE/IT PRODUCT, EXCEPT FOR BACKUP PURPOSES IF NECESSARY TO EFFECTUATE YOUR USE OF THE SERVICES, NOR MODIFY, REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE ANY SOFTWARE/IT PRODUCT. YOU MAY NOT, DIRECTLY OR INDIRECTLY, RENT, RESELL OR TRANSFER ANY SOFTWARE/IT PRODUCTS OR USE THEREOF TO ANYONE NOT AUTHORIZED UNDER THIS AGREEMENT. YOU UNDERSTAND THAT SOFTWARE/IT PRODUCTS MAY NOT BE FAULT TOLERANT AND ARE NOT INTENDED FOR USE WHERE ANY FAILURE THEREOF COULD LEAD TO INJURY, DEATH OR DAMAGE. The terms of this Section will survive any termination of this Agreement.

G. WEB COMMERCE. You acknowledge and accept that your use of the Services, and all associated communications and transactions conducted on -line, may not be absolutely secure, and that the Service is not guaranteed to be error free. By engaging in on-line activity, you accept the responsibilities and risks associated with the use of the Internet generally. You understand that information available to you through the Internet may include materials that are unedited, explicit or offensive to you, and that your access to such materials is at your own discretion and risk. Further, you acknowledge that all transactions relating to merchandise or services offered by you through the Service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. You also agree that your collection, storage, security, access, use and disclosure of your own customer's personal data will comply with all applicable federal, state and local laws, rules and regulations as they may be amended from time to time (the "Privacy Laws"). Hosting Provider and its affiliates make no warranties or representations whatsoever with respect to your goods and services, data handing and security practices, nor with respect to the qualifications of any third party purchaser, and shall not be liable in any way to any such third party user of or purchaser from your site.

H. SERVICE AND SERVICE USE.

1. Dial-up Access/Time Limitations. You hereby acknowledge that Hosting Provider may terminate any dial-up connection following 30 minutes of inactivity. Hosting Provider reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space, including CPU time, memory and disk space.

2. IP Addresses. If you are assigned an Internet Protocol ("IP") address for your use of the Service, the right to use that IP address will belong only to Hosting Provider, and you will have no right to use that Internet Protocol address except as allowed by Hosting Provider in its sole discretion in connection with the plan you have selected, during the term of this agreement.

3. Electronic Mail and USENET/Newsgroup Postings. Hosting Provider may, but is not obligated to, block any incoming or outgoing e-mail message that Hosting Provider determines, in its sole discretion, is unsolicited or otherwise violates these terms. Hosting Provider shall not be responsible for lost, misdirected, undeliverable or blocked e-mail, whether in transmission or receipt. You may not use any Service, related equipment or any e-mail address provided or used through the Services, in connection with the transmission of the same or substantially similar unsolicited message to fifty (50) or more recipients or fifteen (15) or more USENETs or newsgroups in a single day. For each day upon which your e-mail use is in excess of the limitations in this provision, you must pay additional service fees for such excess use. You must pay $10 or Rs. 500/- per day if you unintentionally exceed the limitation of this provision. In the case of an accidental transmission, Hosting Provider may waive all or part of the applicable charge. If you intentionally exceed the limitations of this provision, you must pay $1000 or Rs. 50000/- per day. Hosting Provider, in its sole discretion, shall determine whether a transmission is intentional. Payment under this provision will not prevent Hosting Provider from seeking legal remedies against you for any damages incurred as a result of such use, including damages or an injunction. All e-mail messages sent through the Services are transmitted through the Services in Jaipur (Rajasthan, India) and other jurisdictions whose laws and regulations may affect your email activity.

4. Storage Capacity. Your storage space and bandwidth utilization on the Service must remain within the Storage Space and Bandwidth Allocations associated with the access plan you have selected. For personal dial-up accounts, Hosting Provider will provide 2 megabytes of electronic mail storage. You are responsible for ensuring that stored electronic mail will not exceed this limit. For Spamjadoo and similar accounts, these allocations are set forth in the account plan selected during registration. Additional storage space and bandwidth may be available at an additional charge. Please contact Customer Care (support.spamjadoo@datainfocom.in ) if you are interested.

5. Traffic and Hits. If you publish any Web page or site using the Service, the usage of that Web page or site should be consistent with the access plan you have chosen.

6. Accounts and Passwords. Users are responsible for the security of all user id and password information. This agreement applies to all accounts, sub-accounts, alternative account names and passwords associated with your principal account. By enrolling for and using the Services, you accept sole responsibility for the security and confidentiality of all passwords. Accidental or unauthorized disclosure or use may have serious consequences and Hosting Provider shall have no liability for your failure to maintain this information securely. Additionally, you are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. In the event of a breach of security through your account, you should immediately contact Customer Care at +91 141 5110555.

7. Lawful Use, Spam, etc – Licensee warrants that products and services procured from Licensor will be used for Lawful purposes in all applicable jurisdictions (those of Licensee, Licensor, sender, recipient and all places of electronic access). Furthermore, Licensor agrees that resources shall not be knowingly used for (or employed in such a way to facilitate the) transmission of undesirable messaging (Spam), obscene materials, harassing contact, or any contact of which individually addressed recipients would not reasonably desire to be in receipt. To comply with this article, it is necessary for service subscribers who send unsolicited or commercial mail to be especially careful in determining that each recipient desires any contact transmitted or facilitated by the use of services provided by Licensor.

I. PERSONAL INFORMATION. You hereby certify that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide Hosting Provider with accurate, complete, and updated information required by the registration to the Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify Hosting Provider within thirty (30) days of any changes in your Member Registration Data. Hosting Provider may require a copy of a certificate of identification before making changes to the billing information or registration data on a Customer's account. By enrolling for the Services, you authorize Hosting Provider and its affiliates to use billing and usage information related to your account for additional marketing purposes.

J DISCLAIMER OF WARRANTIES. Hosting provider makes no representations or warranties, whether express, implied or statutory, regarding the services; any software/it products, including third party software/it products; and any system or equipment used by the customer or title thereto (except to the extent set forth in a separate sale transfer or license document). this includes, but is not limited to, any implied warranties of merchantability, title, fitness of the service or equipment for a particular purpose and non-infringement of or non-interference with any third party rights.

K LIMITATION OF LIABILITY. 1. with respect to claims or suits by customer, or any others, for damages relating to or arising out of acts or omissions under this agreement and/or services provided hereunder, DIL liability for service interruptions or problems, if any, shall be limited to credit allowances as expressly set forth in these terms and conditions, in any product terms and conditions, or in any applicable tariffs. 2. DIL shall not be liable for any losses or damages resulting from: (A) The delivery, installation, maintenance, operation, use or misuse of an account, equipment, or service; (B) Any act or omission of customer, or its end-users or agents, or any other entity furnishing equipment, products or services to customer; (C) Any personal or property damages due to the loss of stored, transmitted or recorded data resulting from the service or the equipment, even if dil has been advised of the possibility of such damages; or (D) Any failure to perform under this agreement caused by any unforeseen contingency beyond the reasonable control of dil including without limitation internet outages, communications outages, fire, flood, war or act of god, or other similar events. the only exception shall be to the extent property damage to customer's premises is caused due to DIL’s sole gross negligence or willful misconduct, provided, however, in no event shall DIL’s liability for direct damages be greater than the sum total of payments made by customer to dil during the three months immediately preceding the event for which damages are claimed, but in no event to exceed Rs. 1000 or $ 200. 3. In no event shall dil be liable for any indirect, incidental, exemplary, punitive or other consequential damages, whether or not foreseeable, including, but not limited to, damages for the loss of data, goodwill or profits, savings or revenue, or harm to business, whether under contract, tort (including negligence), strict liability or any cause whatsoever.

L. INDEMNIFICATION. You agree to indemnify, defend and hold DIL and its officers, directors, employees, agents, affiliates and suppliers harmless from and against any claims, actions, demands, losses and damages, including attorney's fees, relating to any violation of state or federal law or regulation, this Agreement, the DIL AUP, breach or violation of any applicable Privacy Laws by you, or related acts or omissions by Customer, its end users, or other users of its account, or the placement or transmission of any message, information, software or other materials on the Internet by Customer or end users of Customer's account. This indemnification shall survive the termination of the Agreement.

M. COMPLETE AGREEMENT/ADDITIONAL TERMS. This Agreement represents the complete agreement and understanding of the parties with respect to the Services and any related matters, and supersedes all other agreements whether written or oral, including but not limited to, any advertising, brochures, proposals, representations or understandings regarding the subject matter hereof. This Agreement may be modified only by written agreement, changes to the URL sites referenced herein, changes to the applicable tariffs or as otherwise specifically provided herein. Customer may not sell, transfer, or assign this Agreement, without the prior written consent of Hosting Provider; any impermissible assignment shall be null and void.

N. FORCE MAJEURE If at anytime, during the continuance of the service, the performance in whole or in part, of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy, civil commotion, sabotage, fire, flood, earthquake, riots, bomb-blasts, explosion, epidemic, quarantine, restriction, strikes, lock out, compliance with regulations, orders or instructions of any Central, State or Municipal Government or agencies thereof or any other Acts of God etc., Customer will not have any claim for damages against the Company in respect of such non-performance or delay in performance of the Service. The Company shall not be liable to the Customer in any manner whatsoever, for any delay or failure in providing the Service, if the same is related or connected, directly or indirectly, to any reason that is beyond the control of the Company. For this purpose, a matter beyond the control of the Company shall include, but shall not be limited, to the following:- Delay or disruption in the Service attributable directly or indirectly to the lines of the upstream gateway service provider; Delay or disruption in the Service attributable directly or indirectly to the directions of any Statutory and/ or Regulatory Authorities; and Delay or disruption in the Service attributable directly or indirectly to a change in law.

O. ARBITRATION In the event of any question, dispute or difference arising out of provisions of the Service, the matter shall be referred to Arbitration. The Arbitration shall be governed as per the Arbitration and Conciliation Act of 1996. The Arbitration shall be held in Jaipur.

P. ASSIGNMENT AND TRANSFER Company may assign this Contract at any time and that will be binding on Customer. This contract, the Service shall be non-transferable by Customer in nature and any private transfers effected by Customer shall not absolve Customer of its primary duty towards the Company for the charges levied pertaining to such particular contract/service. However, Customer may seek Company's prior permission in writing for intended transfer. In case of such permission being granted by the Company, Customer shall be under an obligation to fulfill requisite documentation formalities and payment of charges as specified by the Company from time to time. Customer shall be liable and under an obligation to fully discharge its payable dues till the date of such regularized transfer from the Company.

Q. GIVING NOTICE Save as specified in this Contract, any notice or other communication to be given by the Company under this Contract shall be in writing and shall be served by either e-mail, fax, courier or post at Customer address as specified in this Contract or as are notified by the Customer as per above.

R. LAW / JURISDICTION If any term or condition of this Contract becomes or is declared illegal, in valid or unenforceable for any reason, such term or condition shall be divisible from this Contract and shall be deemed to be deleted from this Contract. If any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract. The provisions of all obligations of and all restrictions on Customer will survive the termination of this Contract. No failure or delay on Company's part to exercise any right or remedy under this Contract shall be construed or operate as a waiver thereof nor shall any single or partial exercise or any right or remedy preclude the further exercise of such right or remedy as the case may be. The laws of India govern the Contract and the Customer hereby submits to the jurisdiction of the Courts of Jaipur, Rajasthan.

These terms and conditions, along with any software/it product TS and CS may be modified from time to time at DIL’s discretion or as required by applicable law. You agree to review such changed items from time to time and be bound by such changes, as they pertain to the particular services you choose now or may choose in the future. If DIL determines changes to the additional terms and/or product TS and CS will materially and detrimentally affect your service or rights thereto, DIL will use commercially reasonable efforts to provide notice of such changes and an opportunity to object in writing in the manner proscribed in such notice. In any case, the changes shall not diminish any service levels committed to customer in any applicable service level agreements at the service commencement date. You hereby consent to the incorporation of applicable tariffs and the additional terms and product TS and CS posted at (www.spamjadoo.com) . You agree that acceptance of this agreement constitutes consent to the use of electronic records. You may request hard copies of part or all of the terms at any time by calling [+91 9828025000]. The offering of services is subject to any and all final regulatory commission review, approval and requirements in accordance with applicable law. if you use the services, you are deemed to have accepted the terms and conditions, and the applicable tariffs.

You acknowledge that you have read this agreement, understand it, and agree that it is the complete and exclusive statement of the agreement between you and dil for the concentric services provided hereunder, and that it may be amended only in accordance with the terms stated above. By clicking "accept" below you represent that you have the authority and right to bind you and/or your company to these terms and conditions.