MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the MaitKon Web Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also need to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MaitKon immediately of any unauthorized use of your account or any other breach of security. MaitKon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MaitKon or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MaitKon Services, you will not use the information, Documentation, Software, products, APIs, and Web Services obtained from MaitKon for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, Software, products, APIs, and Web Services in any manner that could damage, disable, overburden, or impair any MaitKon server, or the network(s) connected to any MaitKon server, or interfere with any other party’s use and enjoyment of any information, Documentation, Software, products, APIs, and Web Services available from MaitKon. You may not attempt to gain unauthorized access to any information, Documentation, Software, products, APIs, and Web Services obtained from the Web Sites, other accounts, computer systems or networks connected to any MaitKon server or to any of the Websites, information, Documentation, Software, products, APIs, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the services or otherwise make it available to any third party; (ii) provide any service based on the services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of MaitKon; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Illegal Activities and/or Spamming
You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the services if there are reasonable grounds to believe that you have used the services for any illegal or unauthorized activity.
Neither party will disclose, sell or transfer to any third party, other than for the performance of this Agreement, any Confidential Information of the other party without the express, prior written consent of the other party. Confidential information shall mean information including, without limitation, computer programs, code, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), and information marked “Confidential”, or if disclosed verbally, is identified as confidential at the time of disclosure but does not include information (1) generally known to the public, (2) already known to the party receiving the information, or (3) legally obtained from a third party without further duties of confidentiality. MaitKon will use commercially available security software for encrypting the transmission of your Data. “Data” shall mean the data inputted by you, Authorized Users, or MaitKon on your behalf for the purpose of using the services or facilitating your use of the services. You acknowledge that transmission of data over the Internet may not be secure, however, even after reasonable security measures have been taken.
USE OF WEB SERVICES
The MaitKon services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Web Sites and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Services or other user or usage information or any portion thereof.
MaitKon has no obligation to monitor the Communication Services. However, MaitKon reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. MaitKon reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
MaitKon reserves the right at all times to disclose any information MaitKon deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Maitkon’s sole discretion.
Always use caution when providing any personally identifiable information in any Communication Service. MaitKon does not control or endorse the content, messages or information found in any Communication Service and therefore, MaitKon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MaitKon spokespersons, and their views do not necessarily reflect those of MaitKon. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MAITKON OR POSTED AT ANY MAITKON WEB SITE
By posting, uploading, inputting, providing or submitting any information or feedback (“Submission”) you are granting Maitkon, its affiliated companies, and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a MaitKon Technologies or service that includes the Submission), without charge, the right to use, share and commercialize your Submission in any way and for any purpose.
LINKS TO THIRD PARTY SITES
THIRD PARTY LINKS WILL LET YOU LEAVE MAITKON’s SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MAITKON AND MAITKON WOULD NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MAITKON OF THE SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MAITKON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAITKON MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM MAITKON, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT MAITKON SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MAITKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL MAITKON’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST TWELVE (12) MONTHS OF FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless MaitKon, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the services, except where such use is authorized by MaitKon.
Where such use is authorized by MaitKon, MaitKon shall defend, indemnify and hold you harmless from any and all claims, costs, damages, judgments and reasonable attorney’s fees resulting from or arising out of MaitKon’s material breach with its agreements with third parties provided that: (a) you promptly notify MaitKon of any event requiring indemnification promptly following your discovery of third party claims, promptly following the receipt of notice of the commencement of any action or proceeding; (b) MaitKon shall have sole control of the defense, and compromise and defend any third party action or proceeding in connection with which indemnification is sought; and (c) you shall cooperate with MaitKon with respect to such defense and settlement. Finally, you shall have the right to participate at your own expense in any such action or proceeding.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Government of India. All matters relating to your access to or use of any MaitKon website are governed by the laws of the Government of India. Any legal action or proceeding relating to your access to or use of any MaitKon Websites shall be instituted in a court in New Delhi, India. You agree to submit to the authority of, and agree that venue is proper in, these courts.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal @ maitkon.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta service in case of unexpected technical issues or discontinuation of the Beta service. You have the right to terminate your user account if MaitKon breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all services.
Entire Agreement between MaitKon and You