Sujanians.org's End User Agreement
This is an agreement between YOU and the Sujanians.org, a website operated by Old Boys Association of Sainik School Sujanpupur Tira, Dt. Hamirpur, HP, India, for an account with Sujanians.org, an Internet based forum.I. ACKNOWLEDGMENT AND ACCEPTANCE
Sujanians.org ("the Service") is owned by Sujanians Old Boys Association ("OBA") and is provided to you under the terms and conditions of this agreement, any amendments to the agreement and any operating rules or policies (collectively, "the Agreement") that may be published from time to time by OBA. The Agreement comprises the entire agreement between you and OBA and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE AGREEING TO BE BOUND BY THE AGREEMENT.
II. REGISTRATION, ACCOUNT, PASSWORD AND SECURITY
A. During the registration process, and thereafter, you will provide true, accurate, current and complete information about yourself as requested by OBA, and maintain and update this information to keep it true, accurate, current, and complete.
B. Upon completing the registration process you will obtain the privilege to use the Service to the extent provided for in OBA operating rules and policies. You may also be eligible to enroll as a member of the Service which will allow you more privileges to use the Service. You may become a member by completing the membership enrollment process as provided for by OBA operating rules and polices, which include, but are not limited to, payment of a membership fee for each billing period you wish to remain a member.
C. In this Agreement, "Member" refers to such person who has completed the membership enrollment process, and "Registered User" refers to such person who has completed the registration process but not the membership enrollment process.
D. As a Registered User or a Member, you have an Account with OBA, which includes all your rights, privileges, and obligations under this Agreement. Your Account will be designated with a password and username. You are responsible for maintaining the confidentiality of the password and other account information, and are fully responsible for all activities which occur thereunder. You agree to immediately notify OBA of any unauthorized use of your password or account information or any other breach of security.
C. Your Account is for your sole, personal use, and you may not assign or sell your Account, or the rights therein, or otherwise allow anyone other than you to log on to the Service using your username, password, or other account information.
D. An Account is not available to any person under 18 years of age. You represent and warrant that you are at least 18 years of age, and agree to submit proof of your age to OBA upon registration, and from time to time thereafter upon OBA's request.
III. MODIFICATION OF THE AGREEMENT AND TO THE SERVICE
A. OBA may modify the Agreement from time to time, and such modifications will become effective upon notification to you. If you continue to use the Service after you have been notified of such modifications, then you agree to be bound by the Agreement as modified.
B. OBA reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you. You agree that OBA shall not be liable to you or any third·party for any modification or discontinuance of the Service.
IV. CANCELLATION OF ACCOUNT
A. General
(1) Either you or OBA may cancel your Account at any time, for any reason or no reason. Such cancellation will become effective upon notice to the other party, except that a cancellation by OBA due to your breach of this Agreement will become effective immediately, regardless of notice.
(2) Upon the effective moment of cancellation of your Account, your rights and privileges under this Agreement become null and void, except as explained below.
B. Cancellation for Breach
(1) OBA will cancel your Account for any breach of this Agreement. Such cancellation will be effective immediately, without prior notice to you, and will result in the immediate termination of any rights or privileges you have in the use of the Service, without refund of any outstanding credit balance in your account.
(2) Upon such cancellation, OBA may immediately delete any of your email files in your Account or posted on the Service, and bar any further access to such files or the Service, and shall have no obligation to forward any message to you or any third party.
C. Treatment of Outstanding Credit Balances
If you are a Member, then(1) in the event that you have an outstanding credit balance with OBA upon the cancellation of your Account, then such credit will be dealt with as follows:
(a) if your Account was canceled by you, then you may use the Service until the end of your current billing period, and OBA will not refund any outstanding credit;
(b) if your Account was canceled by OBA for any reason other than a breach of this Agreement by you, then OBA may, at its own discretion, (i) allow you to use the Service until the end of your current billing period, (ii) refund your outstanding credit balance, or (iii) any combination of (i) and (ii) of this subsection; and
(c) if your Account was canceled by OBA for breach of this Agreement by you, then OBA will not allow your continued use of the Service, and will not refund any outstanding credit balance.
V. PRIVACY AND CONFIDENTIALITY
A. OBA will respect the privacy of email and chat communications in the private areas of the Service, and consider such to be the private correspondence between the sender and recipient. OBA will not monitor, edit or disclose the contents of a your private communications, except: (1) as required by law; (2) to comply with legal process; (3) if necessary to enforce the Agreement; (4) to respond to claims that such contents violate the rights of third parties; (5) to protect the rights or property of OBA or others; and (6) under exigent circumstances, to protect the personal safety of its users or the public.
B. OBA will keep confidential the information supplied by you to OBA. OBA will only use such information for the purposes for which it was collected, or as otherwise required by law.
VI. ONLINE CONDUCT
A. General
(1) You will use the Service in a manner that is consistent with local, state and federal law and regulation.
(2) You will (a) not use the Service for illegal purposes; (b) not interfere with or disrupt the Service or servers or networks connected to the Service; (c) comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) comply with all applicable laws regarding the transmission of technical data. (3) You will be solely responsible for the contents of your transmissions through the Service.
(4) You will not attempt to gain unauthorized access to other computer systems or networks connected to the Service.
B. Content Limitations
(1) You will not post, publish, display, email, or otherwise communicate to any user of the Service or OBA employee, any message, material, content, depiction, description, or communication of any kind:
(a) that is, or contains, defamatory, misleading, abusive, obscene, profane, pornographic, offensively sexually oriented, threatening, harassing, racially offensive, or illegal content;
(b) of nudity, or any anatomical part that may be offensive;
(c) that infringes or violates any person's intellectual property rights, privacy rights, or any other right;
(d) that is, or contains, chain letters or junk mail, advertising or solicitation to sell or buy, or any material of a commercial nature;
(e) that interferes with any Service user's use and enjoyment of the Service or another person or entity's use and enjoyment of similar services; (
f) that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
(g) that attempts to attract new members for a service that is or may be in direct or indirect competition with the Service or OBA;
or (h) that provides, or attempts to provide, any information by which any user of the Service may contact you, unless such information is provided in a section of the Service that is only accessible to Members of the Service; you will not, in particular, provide such information in the headline or description part of any listing.
VII. MODIFICATION OR DELETION OF POSTED MATERIAL
OBA reserves the right to modify, or delete, any content or material, including but not limited any text, software, music, sound, photographs, graphics, and video, that you post on the Service, for any reason or for no reason.
VIII. MONITORING OF THE SERVICE
Except as otherwise provided in this Agreement, OBA may, but is not obligated to, monitor your activities on the Service, and in particular may (A) monitor and resolve disputes been you and other OBA members, and (B) monitor materials posted by you on the public areas of the Service.
IX. ASSUMPTION OF RISK
A. You assume any risk involved in posting any information on or with the Service or otherwise communicating with any Service member or any person whatsoever.
B. You assume any risk in reliance upon any opinion, advice, statement, offer, or other communication posted on, or made available by, OBA or the Service. OBA is not responsible for any loss or damage resulting from reliance upon any such communication.
C. You understand, and assume any risk, that you may be exposed to offensive or obscene material posted on the Service by authorized or unauthorized users, and have read the warning immediately below:
Warning: It is possible that other users of the Service (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Service, and that you may be involuntarily exposed to such offensive and obscene material. It is also possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. OBA is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
X. MAIL STORAGE OBA assumes no responsibility for the deletion or failure to store e·mail messages. OBA may establish an upper limit on the size of message storage it will maintain for you or on your behalf.
XI. LIMITATIONS ON LIABILITY AND DISCLAIMER OF WARRANTY
A. Limitations on Liability
(1) OBA will not be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, cost of procurement of substitute service or service interruptions) arising out of the use or inability to use the Service, even if OBA or its agents or representatives knows or have been advised of the possibility of such damages.
(2) Notwithstanding anything to the contrary contained herein, OBA's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to OBA for the Service during the period term of existence of your Account.
(3) OBA disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the Service.
(4) OBA disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or interruption in telephone service.
B. Disclaimer of Warranty
(1) OBA provides this service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with OBA or its representatives, or otherwise with respect to the Service.
(2) OBA disclaims any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
(3) OBA does not warrant that your use of the Service will be secure, uninterrupted, always available, or error·free, or will meet your requirements, or that any defects in the Service will be corrected.
C. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability, so the above disclaimers and limitations of liability may not apply to you.
XII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT POLICY
A. The rights in the intellectual property transmitted on or through the Service, including but not limited to text, software, music, sound, photographs, graphics, and video, are owned by OBA, advertisers, Service members, or other persons (unless such intellectual property is in the public domain). You will not use any such intellectual property except to the extent you are expressly authorized by the owner of the intellectual property rights. If you use your Account to, in any way, violate any person's intellectual property rights, OBA will immediately cancel your Account, and will not refund any outstanding credit balance in your account.
B. If you believe that your intellectual property rights have been violated by a Service Member or through the Service, you will immediately contact our Customer Care Team at support@Sujanians.org or at: President, Old Boys Association, Sainik School Sujanpur Tira, Distt. Hamirpur, HP.
C. You grant to OBA and other Service Members an irrevocable, perpetual, non·exclusive, worldwide license to use, copy, perform, display, distribute, to prepare derivative works of, and incorporate into other works, and to grant sublicenses of the foregoing, any information or content you post to any public area of the Service.
XIII. GENERAL PROVISIONS
A. You will defend, indemnify, and hold harmless OBA, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your Account or your use of the Service.
B. In the event you have a complaint or dispute regarding or arising out of the Service, prior to communicating such complaint or dispute to any other person or entity, you will first communicate such complaint or dispute to the Service's customer support at support@Sujanians.org. This Agreement shall be governed by Indian law without regard to its conflict of law provisions, and any dispute arising out of or relating to this Agreement shall be subject to the state courts in the state of Himachal Pradesh in India. You and OBA agree to submit to the personal and exclusive jurisdiction and venue of the courts located within India.
C. You and OBA further agree that any dispute between you and OBA filed in the courts must be filed in the state of Himachal Pradesh in India, and the parties agree to submit to the personal jurisdiction and venue of the state of Himachal Pradesh in India.
D. Unless otherwise stated, your obligations under this Agreement will survive the cancellation of your Account.
E. If any term of the Agreement is held invalid, the remainder of the Agreement shall continue in force and effect. F. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
G. Use of the singular form of a noun in this Agreement will also be construed to refer to the plural form of such noun where appropriate to the reasonable interpretation of the Agreement.
H. Regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to the use of, the Service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
I. The failure of OBA to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
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