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Terms and Conditions

          This is a legal and binding agreement between you and MDI Datanet India Pvt. Ltd. which owns and operates the thememorials.org web site. Please read this entire agreement carefully before accepting its terms. 
                     - thememorials.org 

 Terms of Use

 1. Definitions

       The following words marked in bold will have specific meanings in this contract. 

'thememorials.org '- an interactive on-line service operated by MDI Datanet 
                     India Pvt. Ltd.(MDI) on the World Wide Web of the         
                     Internet.

'Subscriber'       - means each person whether individual or a business, who  
                     establishes or accesses a connection ('Account') for accessing  
                     and using 'thememorials.org '.

 2. General

    (A)  This Agreement sets forth the terms and conditions that apply to users of  
 thememorials.org  by the Subscriber.By using thememorials.org  (other than to read 
 this agreement for the first time), Subscriber agrees to comply with all of the 
 terms and conditions hereof. The right to use thememorials.org  is personal to  
 Subscriber and is not transferable to any other person or entity.Subscriber is 
 responsible for all use of Subscriber's Account(under any login name or password) 
 and for ensuring that all the use of the Subscriber's Account complies fully with 
 the provisions of this Agreement. Subscriber shall be responsible for protecting  
 the confidentiality of Subscriber's password(s), if any.

   (B)    MDI shall have the right at any time to change or discontinue any aspect or feature of thememorials.org , including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms

        MDI shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of thememorials.org , or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on thememorials.org , or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of thememorials.org  by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment

        Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of thememorials.org  and all charges related thereto.




5. Subscriber Conduct

(A)    Subscriber shall use thememorials.org  for lawful purposes only. Subscriber shall not post or transmit through thememorials.org  any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability 
or otherwise violate any law. Any conduct by a Subscriber that in MDI 's discretion restricts or inhibits any other Subscriber from using or enjoying thememorials.org will not be permitted. Subscriber shall not use thememorials.org to solicit other users to become Subscribers of other on-line information services competitive with thememorials.org .


 (B)    thememorials.org contains copyrighted material, trademarks and other 
 proprietary information, including, but not limited to, text, software, photos, 
 video, graphics, music and sound, and the entire contents of thememorials.org  
 are copyrighted as a collective work under the Indian copyright laws. MDI owns 
 a copyright in the selection, coordination, arrangement and enhancement of such  
 content, as well as in the content original to it. Subscriber may not modify,  
 publish, transmit, participate in the transfer or sale, create derivative works, 
 or in any way exploit, any of the content, in whole or in part. Subscriber may 
 download copyrighted material for Subscriber's personal use only. Except as 
 otherwise expressly permitted under copyright law, no copying, redistribution, 
 retransmission, publication or commercial exploitation of downloaded material 
 will be permitted without the express permission of MDI and the copyright owner. 
 In the event of any permitted copying, redistribution or publication of 
 copyrighted material, no changes in or deletion of author attribution, trademark 
 legend or copyright notice shall be made. Subscriber acknowledges that it does 
 not acquire any ownership rights by downloading copyrighted material.


 (C)   Subscriber shall not upload, post or otherwise make available on 
 thememorials.org any material protected by copyright, trademark or other 
 proprietary right without the express permission of the owner of the copyright, 
 trademark or other proprietary right and the burden of determining that any 
 material is not protected by copyright rests with Subscriber. Subscriber shall 
 be solely liable for any damage resulting from any infringement of copyrights, 
 proprietary rights, or any other harm resulting from such a submission. By 
 submitting material to any public area of thememorials.org , Subscriber 
 automatically grants, or warrants that the owner of such material has expressly 
 granted MDI the royalty-free, perpetual, irrevocable, non-exclusive right and 
 license to use, reproduce, modify, adapt, publish, translate and distribute such 
 material (in whole or in part) worldwide and/or to incorporate it in other works  
 in any form, media or technology now known or hereafter developed for the full 
 term of any copyright that may exist in such material. Subscriber also permits 
 any other Subscriber to access, view, store or reproduce the material for that 
 Subscriber's personal use. Subscriber hereby grants MDI the rights to edit, 
 copy, publish and distribute any material made available on thememorials.org  
 by Subscriber.


 (D)   The foregoing provisions of Section 5 are for the benefit of MDI, its 
 subsidiaries, affiliates and its third party content providers and licensors and 
 each shall have the right to assert and enforce such provisions directly or on 
 its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

 (A)   Subscriber EXPRESSLY AGREES THAT USE OF thememorials.org  IS AT Subscriber'S 
 SOLE RISK. NEITHER MDI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, 
 AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT thememorials.org 
 WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE 
 RESULTS THAT MAY BE OBTAINED FROM USE OF thememorials.org , OR AS TO THE ACCURACY, 
 RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED 
 THROUGH thememorials.org .

 (B) thememorials.org  IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY 
 KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF 
 TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR 
 PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF 
 EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS 
 AGREEMENT.

 (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY 
 FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
 OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
 DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
 FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
 OF ACTION. Subscriber SPECIFICALLY ACKNOWLEDGES THAT MDI IS NOT LIABLE FOR THE
 DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER Subscribers OR THIRD-PARTIES 
 AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH Subscriber.

 (D) IN NO EVENT WILL MDI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING 
 OR DISTRIBUTING thememorials.org OR THE thememorials.org  SOFTWARE, BE LIABLE FOR
 ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
 CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
 thememorials.org .Subscriber HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO ALL CONTENT ON thememorials.org .

 (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MDI, NOR ITS AFFILIATES,
 INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE 
 CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,
 OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN 
 thememorials.org OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO 
 THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. 
 NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR 
 LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR 
 CONSEQUENTIAL DAMAGES. MDI, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT 
 PARTNERS SHALL HAVE NO LIABILITY FOR PROCUREMENT OR SALES DECISIONS BASED ON THE
 INFORMATION PROVIDED. NEITHER, MDI, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
 CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
 COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
 RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

 7. Monitoring

        MDI shall have the right, but not the obligation, to monitor the content 
 of thememorials.org , including listings and forums, to determine compliance with 
 this Agreement and any operating rules established by MDI and to satisfy any law, 
 regulation or authorized government request. MDI shall have the right in its sole
 discretion to edit, refuse to post or remove any material submitted to or posted
 on thememorials.org . Without limiting the foregoing, MDI shall have the right to
 remove any material that MDI, in its sole discretion, finds to be in violation of
 the provisions hereof or otherwise objectionable.

 8. Indemnification

      Subscriber agrees to defend, indemnify and hold harmless MDI, its affiliates 
 and their respective directors, officers, employees and agents from and against
 all claims and expenses, including attorneys' fees, arising out of the use of
 thememorials.org  by Subscriber or Subscriber's Account.


 9. Termination

      Either MDI or Subscriber may terminate this Agreement at any time. Without
 limiting the foregoing, MDI shall have the right to immediately terminate
 Subscriber's Account in the event of any conduct by Subscriber which MDI, in its
 sole discretion, considers to be unacceptable, or in the event of any breach by
 Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8,
 10 and this Section 9 shall survive termination of this Agreement. 

 10. Trademarks

      All trademarks appearing on thememorials.org  are the property of their respective owners.

 11. Third Party Content

      MDI is a distributor of content supplied by third parties and Subscribers.
 Accordingly, MDI has no more editorial control over such content than does a
 public library, bookstore, or newsstand. Any opinions, advice, statements,
 services, offers, or other information or content expressed or made available by
 third parties, including information providers, Subscribers or any other user of
 thememorials.org , are those of the respective author(s) or distributor(s) and 
 not of MDI. Neither MDI nor any third-party provider of information guarantees 
 the accuracy, completeness, or usefulness of any content, nor its merchantability
 or fitness for any particular purpose. (Refer to Section 6 above for the complete
 provisions governing limitation of liabilities and disclaimers of warranty.)In
 many instances, the content available through thememorials.org  represents the
 opinions and judgments of the respective information provider, Subscriber, or
 other user not under contract with MDI. MDI neither endorses nor is responsible
 for the accuracy or reliability of any opinion, advice or statement made on
 thememorials.org  by anyone other than authorized MDI employee spokespersons 
 while acting in their official capacities. Under no circumstances will MDI be
 liable for any loss or damage caused by a Subscriber's reliance on information
 obtained through thememorials.org . It is the responsibility of Subscriber to
 evaluate the accuracy, completeness or usefulness of any information, opinion,
 advice or other content available through thememorials.org . Please seek the
 advice of professionals, and perform additional due diligence, as appropriate,
 regarding the evaluation of any specific information, opinion, advice or other
 content.

 12. Miscellaneous

      This Agreement and any operating rules for thememorials.org  established by
 MDI constitute the entire agreement of the parties with respect to the subject
 matter hereof, and supersede all previous written or oral agreements between the
 parties with respect to such subject matter. This Agreement shall be construed in
 accordance with the laws of India, without regard to its conflict of laws rules.
 No waiver by either party of any breach or default hereunder shall be deemed to be
 a waiver of any preceding or subsequent breach or default. The section headings
 used herein are for convenience only and shall not be given any legal import. 

 13. Copyrights and Copyright Agent 

        MDI respects the rights of all copyright holders and in this regard, MDI
 has adopted and implemented a policy that provides for the termination in
 appropriate circumstances of Subscribers and account holders who infringe the
 rights of copyright holders. If you believe that your work has been copied in a
 way that constitutes copyright infringement, please provide MDI with the 
 following information required by the Online Copyright Infringement Liability
 Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: 

•    A physical or electronic signature of a person authorized to act on behalf 
     of the owner of an exclusive right that is allegedly infringed; 

•    Identification of the copyright work claimed to have been infringed, or, if 
     multiple copyrighted works at a single online site are covered by a single 
     notification, a representative list of such works at that site; 

•    Identification of the material that is claimed to be infringing or to be the
     subject of infringing activity and that is to be removed or access to which
     is to be disabled, and information reasonably sufficient to permit us to  
     locate the material; 

•    Information reasonably sufficient to permit us to contact the complaining 
     party; 

•    A statement that the complaining party has a good-faith belief that use of
     the material in the manner complained of is not authorized by the copyright
     owner, its agent, or the law; and 

•    A statement that the information in the notification is accurate, and under
     penalty of perjury, that the complaining party is authorized to act on 
     behalf of the owner of an exclusive right that is allegedly infringed.

  Your Relationship with Merchants, Advertisers, and Users

       Your correspondence with merchants, advertisers, or users on the Site, 
 including the development 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 merchant, advertiser, or user. You 
 agree not to hold MDI Datanet India Pvt. Ltd. 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 merchants, advertisers, or users on the Site.

  Guard Your Password
 
       You must safeguard the User ID and password You use to access this Site. 
 You authorize us to assume that any person using the Site with Your User ID and
 password is either You or is authorized to act for You.

  Penalties

     Without limiting thememorials.org  other remedies, We may issue a warning,
 temporarily suspend, indefinitely suspend or terminate your membership and refuse
 to provide any services to You,
 
   (a) if You breach any terms and conditions of this Use Agreement or the
       agreements incorporated herein by reference, including our written policies 
       and procedures posted on the Site; 


   (b) if We are unable to verify or authenticate any information You provide to
       Us; or 

   (c) if We believe that your actions may cause legal liability for You, our 
       users or for thememorials.org . Once temporarily suspended, indefinitely
       suspended or terminated, you may not continue to use the thememorials.org
       service under the same account, a different account or reregister under a
       new account. Violations of this Use Agreement will be prosecuted to the
       fullest extent of the law and may result in additional penalties and 
       sanctions. 

  Project Policy

 You agree to NOT post any of the following: 

•	Projects that are fake, posted without the intention to award or complete      
      the project or posted only to receive pricing information unless specifically 
      mentioned in the Description of Project.
•	Projects that offer commission, equity compensation or request free services, 
      unless it is mentioned in the Description as Non Profit projects. 
•	Advertisements or service offers.
•	Full time employment or recruitments.
•	Projects related to adult content or businesses.
•	Projects related to bulk email/"SPAM" including but not limited to bulk email 
      hosting, scripts, programs, proxies, lists, and relay servers.

     Violation of these rules may result in suspension of your account. If you are
 aware of a potential violation, please Report Violations.

  Jurisdiction
  
  All disputes are subject to Thiruvananthapuram (state of Kerala), India
  jurisdiction.
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