Terms and Conditions & Policies

END USER AGREEMENT
ALL END USERS SUBSCRIBING TO/OTHERWISE USING ZENGA MAIL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREINBELOW. IT IS FURTHER UNDERTAKEN BY THE SUBSCRIBER THAT THE CONTENTS HEREINBELOW INCLUDING WORDS/PARAGRAPHS CONTAINED IN FINE PRINT ARE FULLY READ AND UNDERSTOOD BEFORE ACCEPTANCE OF THE SAME. IT IS ALSO SPECIFICALLY UNDERSTOOD AND ACCEPTED THAT THE END USER AGREES TO BE BOUND BY ANY ADDITIONAL TERMS AND CONDITIONS THAT ZENGA MAIL MAY POST ON ITS SITE FROM TIME TO TIME.
IT IS FURTHER SPECIFICALLY UNDERSTOOD THAT THE WORD ‘END USER’ OR ‘SUBSCRIBER’ SHALL MEAN ANY NATURAL PERSON INCLUDING A SOLE PROPREITORSHIP SUBSCRIBING TO USE THE SERVICE [AS DEFINED IN THIS AGREEMENT] INCLUDING ALL SUCH PERSONS USING THE SERVICE ON BEHALF OF OR ON THE ACCOUNT OF SUCH END USER.
THE WORD ‘ZENGA MAIL’ SHALL REFER TO ZENGA MAIL PVT. LTD., A COMPANY INCORPORATED IN INDIA WITH ITS REGISTERED OFFICE AT 185, SECTOR 19, POCKET 3, DWARKA, NEW DELHI – 110 075, INDIA.
ZENGA MAIL FURTHER STATES THAT NOT ALL MOBILE TELEPHONE DEVICES SUPPORT THE SERVICE BEING SUBSCRIBED TO. THE END USER IS ALWAYS ADVISED TO VERIFY IF THE MOBILE TELEPHONE HE/SHE INTENDS TO USE SUPPORTS THE SERVICE.
IT IS ALSO MADE CLEAR BETWEEN THE PARTIES THAT ZENGA MAIL IS MAKING AVAILABLE THE SERVICES IN TERMS OF THIS AGREEMENT FREE OF ANY COST AND AT ITS SOLE DISCRETION AND THEREFORE THIS AGREEMENT SHALL NOT AS CREATING ANY OBLIGATION WHATSOEVER ON ZENGA MAIL.
I. DESCRIPTION OF SERVICE PROVIDED
SUBSCRIPTION TO ZENGA MAIL WOULD PROVIDE THE END USER ALL OR ANY OF THE FOLLOWING SERVICES ON THEIR MOBILE TELEPHONES – (I) ACCESS TO THE SUBSCRIBER TO THEIR E-MAILS; (II) ACCESS TO SELECTED NEWS CHANNELS; (III) ACCESS TO CHAT FACILITIES; (IV) TICKER CONTAINING ANY INFORMATION THAT IS DISPLAYED FROM TIME TO TIME; (IV) WEATHER UPDATES ; (V) TIME; (VI) ANY OTHER FACILITIES THAT THE SERVICE PROVIDER MAY PROVIDE FROM TIME TO TIME. [HEREINAFTER REFERRED TO AS ‘SERVICE’] NOTWITHSTANDING THE DESCRIPTION OF SERVICES CONTAINED HEREIN, THE END USER SPECIFICALLY AGREES TO HAVE SUBSCRIBED TO THE SERVICE UPON A SATISFACTION OF ITS PERFORMANCE. THE SAME IS THEREFORE SUBSCRIBED TO ON AN ‘AS IS’ AND ‘AS PROVIDED’ BASIS.
THE END USER MAY, IF HE/SHE SO DESIRES, CHOOSE ONLY SOME OF THE SERVICES LISTED ABOVE.
II. END USER’S SPECIFIC COVENANTS

THE END USER AGREES THAT HE/SHE HAS FULLY EXAMINED AND UNDERSTOOD THE SERVICE BEING SUBSCRIBED TO, WITH ALL ITS LIMITATIONS, AND IS SUBSCRIBING TO THE SAME WITH FULL UNDERSTANDING OF THE SAME.
THE END USER AGREES NOT TO HOLD ZENGA MAIL OR ITS LICENSORS RESPONSIBLE FOR ANY DEFICIENCIES ON ACCOUNT OF TIMELINESS, MISDELIVERY, DELETION OR OTHERWISE OF USER COMMUNICATION OR PERSONALIZED SETTINGS.
THE END USER AGREES THAT THE SUBSCRIPTION IS LIMITED TO THE SERVICE DETAILED IN CLAUSE I ABOVE AND ANY ADDITIONAL SERVICE DOWNLOADED MAY INVOLVE PAYMENT OF THIRD PARTY FEES, WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE END USER. FURTHER THE END USER IS OTHERWISE RESPONSIBLE FOR ANY LIABILITY THAT MAY ARISE OUT OF SUCH DOWNLOADS.
THE END USER SPECIFICALLY UNDERSTANDS THAT SOME OF THE CONTENT MADE AVAILABLE AS PART OF THE SERVICE MAY NOT BE SUITABLE FOR ACCESS TO PERSONS BELOW THE AGE OF 18 YEARS. THE END USER AGREES TO ENSURE THAT HE/SHE SHALL NOT MAKE THE SERVICE AVAILABLE TO ANY PERSON BELOW THE AGE OF 18 YEARS, EXCEPT WITH THE CONSENT OF SUCH PERSON’S PARENT OR GUARDIAN. FOR THIS PURPOSE, THE PARENT OR GUARDIAN SHALL BE IN THE BEST POSITION TO JUDGE THE SUITABILITY OF THE CONTENT.
THE END USER AGREES NOT TO HOLD ZENGA MAIL OR ITS LICENSORS RESPONSIBLE FOR ANY LOSSES OR OTHER DAMAGE CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY BY THE USE OF THE SERVICE.

III OBLIGATIONS AT THE TIME OF REGISTRATION

THE END USER SPECIFICALLY AGREES THAT HE/SHE IS FULLY AND LEGALLY COMPETENT TO UNDERSTAND AND ENTER INTO THIS AGREEMENT.
THE END USER SPECIFICALLY UNDERTAKES THAT THE INFORMATION PROVIDED AT THE TIME OF SUBSCRIPTION IS TRUE, FULL AND COMPLETE AND IS NOT MISLEADING IN ANY MANNER WHATSOEVER. THE END USER FURTHER UNDERTAKES TO UPDATE THE INFORMATION TO ENSURE THAT THE INFORMATION AT ALL TIMES REPRESENTS THE TRUE AND COMPLET PICTURE.
THE INFORMATION PROVIDED BY THE END USER IN TERMS OF THE ABOVE SHALL NOT BE USED OR DISCLOSED TO ANY PERSON OUTSIDE OF ZENGA MAIL, FOR ANY PURPOSE EXCEPT FOR (i)PROMOTIONAL PURPOSES; (ii) IF STATUTORILY REQUIRED TO BE SO USED OR DISCLOSED; (iii) TO COMPLY WITH LEGAL PROCESS; (iv) TO ENFORCE THIS AGREEMENT; (v) RESPOND TO CLAIMS THAT ANY CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES; (vi) RESPOND TO END USERS REQUESTS FOR CUSTOMER SERVICE; OR (vii) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF ZENGA MAIL, ITS USERS AND THE PUBLIC.
THE END USER FURTHER UNDERSTANDS THAT ALL INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES, TAGS, OR OTHER MATERIALS (HEREINAFTER CALLED "CONTENT"), WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED USING THE SERVICES, ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. CONSEQUENTY, THE END USER SHALL BE RESPONSIBLE FOR ANY SUCH CONTENT POSTED OR TRANSMITTED BY HIM/HER.
THE END USER FURTHER AGREES THAT AT ANY TIME DURING THE VALIDITY OF THE SUBSCRIPTION BEING REFERRED TO HEREIN, ZENGA MAIL SHALL BE ENTITLED TO DEMAND PROOF OF THE INFORMATION SUBMITTED AS ABOVE, AND IF SUCH INFORMATION IS FOUND TO BE FALSE OR MISLEADING, SHALL BE ENTITLED TO DISCONTINUE THE PROVISION OF ITS SERVICES IMMIDEATELY. THIS SHALL NOT ENTAIL ANY REFUNDS BY ZENGA MAIL.
THE END USER FURTHER AGREES AND UNDERSTANDS THAT WHILE ZENGA MAIL MAY OR MAY NOT SCREEN THE CONTENT POSTED BY ITS VARIOUS USERS, ZENGA MAIL SHALL AT ALL TIMES BE ENTITLED TO SCREEN CONTENT AND SHALL BE ENTITLED TO DELETE THE SAME IF SUCH CONTENT SHALL BE FOUND TO BE VIOLATIVE OF THE TERMS OF THIS AGREEMENT OR OTHERWISE OBJECTIONABLE. THIS SHALL NOT HOWEVER BE CONSTRUED AS LIMITING THE LIABILITY OF THE USER WHO HAS UPLOADED THE CONTENT;
THE END USER AGREES THAT HE/SHE SHALL BE RESPONSIBLE FOR EVALUATING, AND BEARING ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
THE END USER UNDERSTANDS THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF THE SERVICE, INCLUDING THE CONTENT, MAY INVOLVE (i) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (ii) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. THE END USER UNDERSTANDS THAT THE SERVICE AND SOFTWARE EMBODIED WITHIN THE SERVICE MAY INCLUDE SECURITY COMPONENTS THAT PERMIT DIGITAL MATERIALS TO BE PROTECTED, AND THAT USE OF THESE MATERIALS IS SUBJECT TO USAGE RULES SET BY ZENGA MAIL AND/OR CONTENT PROVIDERS WHO PROVIDE CONTENT TO THE SERVICE. ANY UNAUTHORIZED REPRODUCTION, PUBLICATION, FURTHER DISTRIBUTION OR PUBLIC EXHIBITION OF THE MATERIALS PROVIDED ON THE SERVICE, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED.
THE END USER AGREES AND UNDERSTANDS THAT ZENGA MAIL MAY ALLOW END USERS AND THE PEOPLE WITH WHOM END USERS COMMUNICATE TO SAVE THEIR CONVERSATIONS IN THEIR ZENGA MAIL ACCOUNTS LOCATED ON ZENGA MAIL SERVERS. THIS MEANS AN END USER CAN ACCESS AND SEARCH HIS/HER MESSAGE HISTORY FROM A DEVICE WITH ACCESS TO THE INTERNET. THEREFORE SOME USERS MAY CHOOSE TO USE IT TO SAVE CONVERSATIONS WITH AN END USER IN THEIR ACCOUNT ON ZENGA MAIL. THIS AGREEMENT CONSTITUTES THEIR CONSENT TO ALLOW ZENGA MAIL TO STORE THESE COMMUNICATIONS ON ITS SERVERS.
THE END USER AGREES NOT TO REPRODUCE, DUPLICATE, COPY, SELL, TRADE, RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE (INCLUDING HIS/HER ZENGA MAIL ID), USE OF THE SERVICE, OR ACCESS TO THE SERVICE.

IV.           END USER ACCOUNT, PASSWORD OR SECURITY
                UPON COMPLETION OF THE SUBSCRIPTION PROCESS, THE END USER SHALL RECEIVE A PASSWORD AND ACCOUNT DESIGANTION. THE END USER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND SHALL BE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THAT ACCOUNT. THE END USER AGREES TO (a) IMMIDEATELY NOTIFY ZENGA MAIL OF ANY UNAUTHORIZED USE OF THE PASSWORD OR ACCOUNT OR ANY OTHER BREACH OF SECURITY; AND (b) ENSURE THAT THE USERS EXIT FROM HIS/HER ACCOUNT AT THE END OF EACH SESSION.
V.            END USER’S CONDUCT
                WITHOUT PREJUDICE TO THE TERMS AND CONDITIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, THE END USER UNDERTAKES NOT TO USE THE SERVICE TO:
(a)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE;
(b)           IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, A ZENGA MAIL OFFICIAL, FORUM LEADER, GUIDE OR HOST, OR FALSELY STATE OR OTHERWISE MISREPRESENT HIS/HER AFFILIATION WITH A PERSON OR ENTITY;
(c)           FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY CONTENT TRANSMITTED THROUGH THE SERVICE;
(d)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT THE END USER DOES NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OBLIGATIONS.
(e)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS ("RIGHTS") OF ANY PARTY;
(f)            UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, "JUNK MAIL," "SPAM," "CHAIN LETTERS," "PYRAMID SCHEMES," OR ANY OTHER FORM OF SOLICITATION, EXCEPT IN THOSE AREAS THAT ARE DESIGNATED FOR SUCH PURPOSE;
(h)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT OR IN ANY MANNER DISRUPT OR OTHERWISE NEGATIVELY AFFECT OTHER USERS' ABILITY TO ENGAGE IN REAL TIME EXCHANGES;
(i)            INTERFERE WITH OR DISRUPT THE SERVICE OR SERVERS OR NETWORKS CONNECTED TO THE SERVICE, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO THE SERVICE;
(k)           IN ANY MANNER VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW;
(l)            ENGAGE IN ANY MANNER OF UNLAWFUL CONDUCT WHATSOEVER THAT MAY BE IN VIOLATION OF THE INFORMATION TECHNOLOGY ACT, 2000, OR OF ANY OTHER LAW FOR THE TIME BEING IN FORCE. FURTHER, RECOGNIZING THE GLOBAL NATURE OF THE INTERNET, THE END USER AGREES TO COMPLY WITH ALL LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT. SPECIFICALLY, END USER AGREES TO COMPLY WITH ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM INDIA OR THE COUNTRY IN WHICH THE SERVICE IS USED.
VI.           CONTRIBUTIONS BY END USERS
                BY SUBMITTING IDEAS, SUGGESTIONS, DOCUMENTS, AND/OR PROPOSALS (HERIENAFTER CALLED "CONTRIBUTIONS") TO ZENGA MAIL THROUGH ITS SUGGESTION OR FEEDBACK WEBPAGES OR THROUGH OTHER MEANS, THE END USER ACKNOWLEDGES AND AGREES THAT: (a) HIS/HER CONTRIBUTIONS DO NOT CONTAIN CONFIDENTIAL OR PROPRIETARY INFORMATION; (b) ZENGA MAIL IS NOT UNDER ANY OBLIGATION OF CONFIDENTIALITY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTRIBUTIONS; (c) ZENGA MAIL SHALL BE ENTITLED TO USE OR DISCLOSE (OR CHOOSE NOT TO USE OR DISCLOSE) SUCH CONTRIBUTIONS FOR ANY PURPOSE, IN ANY WAY, IN ANY MEDIA WORLDWIDE; (d) ZENGA MAIL MAY HAVE SOMETHING SIMILAR TO THE CONTRIBUTIONS ALREADY UNDER CONSIDERATION OR IN DEVELOPMENT; (e) END USER’S CONTRIBUTIONS AUTOMATICALLY BECOME THE PROPERTY OF ZENGA MAIL WITHOUT ANY OBLIGATION OF ZENGA MAIL TO THE END USER; AND (f) END USER SHALL NOT BE ENTITLED TO ANY COMPENSATION OR REIMBURSEMENT OF ANY KIND FROM ZENGA MAIL UNDER ANY CIRCUMSTANCES.
VII           INDEMNITY
                END USER AGREES TO INDEMNIFY AND HOLD ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT THE END USER SUBMITS, POSTS, TRANSMITS OR OTHERWISE MAKES AVAILABLE THROUGH THE SERVICE, THE END USER’S USE OF THE SERVICE, END USER’S CONNECTION TO THE SERVICE, END USER’S VIOLATION OF THIS AGREEMENT, OR END USER’S VIOLATION OF ANY RIGHTS OF ANOTHER.
VIII         GENERAL PRACTICES
                THE END USER ACKNOWLEDGES THAT ZENGA MAIL MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE MAXIMUM NUMBER OF DAYS THAT EMAIL MESSAGES, MESSAGE BOARD POSTINGS OR OTHER UPLOADED CONTENT WILL BE RETAINED BY THE SERVICE, THE MAXIMUM NUMBER OF EMAIL MESSAGES THAT MAY BE SENT FROM OR RECEIVED BY AN ACCOUNT ON THE SERVICE, THE MAXIMUM SIZE OF ANY EMAIL MESSAGES THAT MAY BE SENT FROM OR RECEIVED BY AN ACCOUNT ON THE SERVICE, THE MAXIMUM DISK SPACE THAT WILL BE ALLOTTED ON ZENGA MAIL'S SERVERS ON THE END USER’S BEHALF, AND THE MAXIMUM NUMBER OF TIMES (AND THE MAXIMUM DURATION FOR WHICH) THE END USER MAY ACCESS THE SERVICE IN A GIVEN PERIOD OF TIME. THE END USER AGREES THAT ZENGA MAIL HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE. THE END USER FURTHER ACKNOWLEDGE THAT ZENGA MAIL RESERVES THE RIGHT TO MODIFY THESE GENERAL PRACTICES AND LIMITS FROM TIME TO TIME.
IX            MODIFICATIONS
                ZENGA MAIL RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. THE END USER AGREES THAT ZENGA MAIL SHALL NOT BE LIABLE TO HIM/HER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE

X             TERMINATION
                THE END USER AGREES THAT ZENGA MAIL MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE, IMMEDIATELY TERMINATE HIS/HER ZENGA MAIL ACCOUNT AND ACCESS TO THE SERVICE.
XI            ADVERTISERS
                THE END USER’S CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN THE END USER AND SUCH ADVERTISER. THE END USER AGREES THAT ZENGA MAIL SHALL NOT BE RESPONSIBLE OR 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 ADVERTISERS ON THE SERVICE
XII          THIRD PARTY LINKS
                ZENGA MAIL MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEB SITES OR RESOURCES. THE END USER ACKNOWLEDGES AND AGREES THAT ZENGA MAIL IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.
XIII         PROPRIETARY RIGHTS
                THE END USER ACKNOWLEDGES AND AGREES THAT THE SERVICE AND ANY NECESSARY SOFTWARE USED IN CONNECTION WITH THE SERVICE (HEREINAFTER CALLED "SOFTWARE") CONTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION THAT IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS. THE END USER FURTHER ACKNOWLEDGES AND AGREES THAT CONTENT CONTAINED IN SPONSOR ADVERTISEMENTS OR INFORMATION PRESENTED TO THE END USER THROUGH THE SERVICE OR BY ADVERTISERS IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY PERMITTED BY APPLICABLE LAW OR AUTHORIZED BY ZENGA MAIL OR ITS LICENSORS OR ADVERTISERS, THE END USER AGREES NOT TO MODIFY, REVERSE ENGINEER, DECODE RENT, LEASE, LOAN, SELL, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR THE SOFTWARE, IN WHOLE OR IN PART.
XIV         DISCLAIMERS & WARRANTIES
                IN ADDITION TO THE DISCLAIMER AND WARRANTIES EXPLICITLY AND IMPLIEDLY CONTAINED ELSEWERE IN THIS AGREEMENT, THE END USER EXPRESSELY UNDERSTANDS AND AGREES THAT:

THE END USER’S USE OF THE SERVICE IS AT HIS/HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS PROVIDED" BASIS. ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY DEFICIENCY IN SERVICE ON ACCOUNT OF A LACK OF MOBILE TELEPHONE NETWORK, DEFECT IN THE DEVICE BEING USED OR ON ACCOUNT OF ANY OTHER REASON NOT DIRECTLY ATTRIBUTABLE TO ZENGA MAIL;
ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE END USER’S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE END USER THROUGH THE SERVICE WILL MEET HIS/HER EXPECTATIONS;
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT THE END USER’S OWN DISCRETION AND RISK, AND THAT HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE END USER FROM ZENGA MAIL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT;
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR TRADING OR INVESTING PURPOSES. ZENGA MAIL AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS BASED ON SUCH INFORMATION;
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF THE END USER HAS AN EPILEPTIC CONDITION, THEN HE /SHE SHOULD CONSULT HIS/HER PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT HIS/HER PHYSICIAN IF THE END USER EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

XV          LIMITATION OF LIABILITY
                THE END USER EXPRESSLY UNDERSTAND AND AGREE THAT ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO THE END USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
XVI         NOTICE
                ZENGA MAIL MAY PROVIDE THE END USER WITH NOTICES, INCLUDING THOSE REGARDING CHANGES TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO EMAIL, REGULAR MAIL, SMS, MMS, TEXT MESSAGE, POSTINGS ON THE SERVICE, OR OTHER REASONABLE MEANS NOW KNOWN OR HEREINAFTER DEVELOPED AND SUCH NOTICE SHALL CONSTITUTE ADEQUATE NOTICE TO END USER.
                THE END USER MAY PROVIDE ZENGA MAIL WITH NOTICES, BY REGISTERED POST AND EMAIL AT SUCH NOTICE ADDRESS AS NOTIFIED ON ITS WEB PAGE AND THIS SHALL CONSTITUTE ADEQUATE NOTICE TO ZENGA MAIL.
XVII        MISCELLANEOUS

ENTIRE AGREEMENT.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE END USER AND ZENGA MAIL AND GOVERNS THE USE OF THE SERVICE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN THE END USER AND ZENGA MAIL WITH RESPECT TO THE SERVICE [EXCEPT WHERE SUCH PRIOR AGREEMENT MAKES A SPECIFIC REFERNCE TO THIS AGREEMENT]. THE END USER ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN THE END USER USES OR PURCHASES CERTAIN OTHER ZENGA MAIL SERVICES, AFFILIATE SERVICES, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE.

SEVERABILITY

IF ANY PROVISION OF THIS AGREEMENT IS PROHIBITED OR HELD OR DETERMINED TO BE VOID, INVALID, ILLEGAL OR UNENFORCEABLE IN ANY JURISDICTION UNDER ANY LAW APPLICABLE FOR THE TIME BEING, SUCH PROVISIONS SHALL BE DEEMED AMENDED OR MODIFIED OR DELETED IN SO FAR AS IS REASONABLY INCONSISTENT WITH THE PROVISIONS OF THIS AGREEMENT AND TO THE EXTENT NECESSARY TO CONFORM TO APPLICABLE LAWS AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN VALID, LEGAL AND ENFORCEABLE IN ACCORDANCE WITH THIS AGREEMENT. A FAILURE BY ZENGA MAIL TO ENFORCE ANY OF ITS RIGHTS UNDER THIS AGREEMENT SHALL NOT AT ANY TIME BE CONSTRUED AS A WAIVER THEREOF.

GOVERNING LAW & ARBITRATION

THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF INDIA. ANY DISPUTE PERTAINING TO THE PROVISION OF THE SERVICE, SHALL BE SUBJECTED TO ARBITRATION. EITHER PARTY MAY REFER THE MATTER TO A SOLE ARBITRATOR TO BE NOMINATED BY ZENGA MAIL. THE DECISION OF THE ARBITRAL TRIBUNAL SHALL BE BINDING AND FINAL. THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996, OR ANY OTHER STATUTORY AMENDMENT, FOR THE TIME BEING IN FORCE, SHALL APPLY. THE ARBITRATION SHALL BE CONDUCTED AT NEW DELHI.
(d) WITHOUT PREJUDICE TO ANY OTHER TERM OF THIS AGREEMENT, IT IS SPECIFICALLY AGREED BY THE END USER THAT NO CLAIM OR CAUSE OF ACTION SHALL LIE AGAINST ZENGA MAIL AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS AT ANY TIME LATER THAN ONE YEAR FROM THE DATE OF SUBSCRIPTION TO THE SERVICE.

ENTERPRISE USER AGREEMENT
ALL ENTERPRISE USERS SUBSCRIBING TO/OTHERWISE USING ZENGA MAIL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREINBELOW. IT IS FURTHER UNDERTAKEN BY THE SUBSCRIBER THAT THE CONTENTS HEREINBELOW INCLUDING WORDS/PARAGRAPHS CONTAINED IN FINE PRINT ARE FULLY READ AND UNDERSTOOD BEFORE ACCEPTANCE OF THE SAME. IT IS ALSO SPECIFICALLY UNDERSTOOD AND ACCEPTED THAT THE ENTERPRISE USER AGREES TO BE BOUND BY ANY ADDITIONAL TERMS AND CONDITIONS THAT ZENGA MAIL MAY POST ON ITS SITE FROM TIME TO TIME.

ZENGA MAIL FURTHER STATES THAT NOT ALL MOBILE TELEPHONE DEVICES SUPPORT THE SERVICE BEING SUBSCRIBED TO. THE ENTERPRISE USER IS ALWAYS ADVISED TO VERIFY IF THE MOBILE TELEPHONE IT INTENDS TO USE SUPPORTS THE SERVICE. IN CASE THE ENTERPRISE USER SO DESIRES, NECESSARY MODIFICATIONS MAY BE CARRIED OUT BY ZENGAMAIL [AT ITS DISCRETION] SUBJECT TO THE ENTERPRISE USER BEARING THE ADDITIONAL COST.

IT IS FURTHER SPECIFICALLY UNDERSTOOD THAT THE WORD ‘ENTERPRISE USER’ OR ‘SUBSCRIBER’ SHALL MEAN ANY JURISTIC ENTITY INCLUDING A COMPANY OR A PARTNERSHIP FIRM SUBSCRIING TO USE THE SERVICE [AS DEFINED IN THIS AGREEMENT] INCLUDING ALL SUCH PERSONS USING THE SERVICE ON BEHALF OF OR ON THE ACCOUNT OF THE ENTERPRISE USER.
THE WORD ‘ZENGA MAIL’ SHALL REFER TO ZENGA MAIL PVT. LTD., A COMPANY INCORPORATED IN INDIA WITH ITS REGISTERED OFFICE AT 185, SECTOR 19, POCKET 3, DWARKA, NEW DELHI – 110 075, INDIA.

I. DESCRIPTION OF SERVICE PROVIDED
SUBSCRIPTION TO ZENGA MAIL WOULD PROVIDE THE ENTERPRISE USER ALL OR ANY OF THE FOLLOWING SERVICES ON THEIR MOBILE TELEPHONES – (I) ACCESS TO THE SUBSCRIBER TO THEIR E-MAILS; (II) ACCESS TO SELECTED NEWS CHANNELS; (III) ACCESS TO CHAT FACILITIES; (IV) TICKER CONTAINING ANY INFORMATION THAT IS DISPLAYED FROM TIME TO TIME; (IV) WEATHER UPDATES ; (V) TIME; (VI) ANY OTHER FACILITIES THAT THE SERVICE PROVIDER MAY PROVIDE FROM TIME TO TIME. [HEREINAFTER REFERRED TO AS ‘SERVICE’] NOTWITHSTANDING THE DESCRIPTION OF SERVICES CONTAINED HEREIN, THE ENTERPRISE USER SPECIFICALLY AGREES TO HAVE SUBSCRIBED TO THE SERVICE UPON A SATISFACTION OF ITS PERFORMANCE. THE SAME IS THEREFORE SUBSCRIBED TO ON AN ‘AS IS’ AND ‘AS PROVIDED’ BASIS.

THE ENTERPRISE USER MAY, IF IT SO DESIRES, CHOOSE ONLY SOME OF THE SERVICES LISTED ABOVE.
THE ENTERPRISE USER MAY, IF IT SO DESIRES REQUEST ADDITIONAL CUSTOM CHANGES TO THE SERVICE. THIS MAY BE CARRIED OUT BY ZENGA MAIL [AT ITS DISCRETION], AT ADDITIONAL COST AND SUBJECT TO TERMS AND CONDITIONS MUTUALLY AGREED TO BETWEEN THE PARTIES.

II. ENTERPRISE USER’S SPECIFIC COVENANTS

THE ENTERPRISE USER AGREES THAT IT HAS FULLY EXAMINED AND UNDERSTOOD THE SERVICE BEING SUBSCRIBED TO, WITH ALL ITS LIMITATIONS, AND IS SUBSCRIBING TO THE SAME WITH FULL UNDERSTANDING OF THE SAME.
THE ENTERPRISE USER AGREES NOT TO HOLD ZENGA MAIL OR ITS LICENSORS RESPONSIBLE FOR ANY DEFICIENCIES ON ACCOUNT OF TIMELINESS, MISDELIVERY, DELETION OR OTHERWISE OF USER COMMUNICATION OR PERSONALIZED SETTINGS.
THE ENTERPRISE USER AGREES THAT THE SUBSCRIPTION IS LIMITED TO THE SERVICE DETAILED IN CLAUSE I ABOVE AND ANY ADDITIONAL SERVICE DOWNLOADED MAY INVOLVE PAYMENT OF THIRD PARTY FEES, WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE ENTERPRISE USER. FURTHER THE ENTERRPRISE USER IS OTHERWISE RESPONSIBLE FOR ANY LIABILITY THAT MAY ARISE OUT OF SUCH DOWNLOADS.
THE ENTERPRISE USER SPECIFICALLY UNDERSTANDS THAT SOME OF THE CONTENT MADE AVAILABLE AS PART OF THE SERVICE MAY NOT BE SUITABLE FOR ACCESS TO PERSONS BELOW THE AGE OF 18 YEARS. THE ENTERPRISE USER AGREES TO ENSURE THAT IT SHALL NOT MAKE THE SERVICE AVAILABLE TO ANY PERSON BELOW THE AGE OF 18 YEARS, EXCEPT WITH THE CONSENT OF SUCH PERSON’S PARENT OR GUARDIAN. FOR THIS PURPOSE, THE PARENT OR GUARDIAN SHALL BE IN THE BEST POSITION TO JUDGE THE SUITABILITY OF THE CONTENT.
THE ENTERPRISE USER AGREES NOT TO HOLD ZENGA MAIL OR ITS LICENSORS RESPONSIBLE FOR ANY LOSSES OR OTHER DAMAGE CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY BY THE USE OF THE SERVICE.

III OBLIGATIONS AT THE TIME OF REGISTRATION

THE ENTERPRISE USER SPECIFICALLY AGREES THAT IT IS FULLY AND LEGALLY COMPETENT TO UNDERSTAND AND ENTER INTO THIS AGREEMENT. FURTHER THE INDIVIDUAL ENTERING INTO THIS AGREEMENT SPECIFICALLY UNDERTAKES TO HAVE BEEN AUTHORISED TO DO SO BY THE ENTERPRISE USER.
THE ENTERPRISE USER SPECIFICALLY UNDERTAKES THAT THE INFORMATION PROVIDED AT THE TIME OF SUBSCRIPTION IS TRUE, FULL AND COMPLETE AND IS NOT MISLEADING IN ANY MANNER WHATSOEVER. THE ENTERPRISE USER FURTHER UNDERTAKES TO UPDATE THE INFORMATION TO ENSURE THAT THE INFORMATION AT ALL TIMES REPRESENTS THE TRUE AND COMPLET PICTURE.
THE INFORMATION PROVIDED BY THE ENTERPRISE USER IN TERMS OF THE ABOVE SHALL NOT BE USED OR DISCLOSED TO ANY PERSON OUTSIDE OF ZENGA MAIL, FOR ANY PURPOSE EXCEPT FOR (i)PROMOTIONAL PURPOSES; (ii) IF STATUTORILY REQUIRED TO BE SO USED OR DISCLOSED; (iii) TO COMPLY WITH LEGAL PROCESS; (iv) TO ENFORCE THIS AGREEMENT; (v) RESPOND TO CLAIMS THAT ANY CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES; (vi) RESPOND TO ENTERPRISE USERS REQUESTS FOR CUSTOMER SERVICE; OR (vii) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF ZENGA MAIL, ITS USERS AND THE PUBLIC.
THE ENTERPRISE USER FURTHER UNDERSTANDS THAT ALL INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES, TAGS, OR OTHER MATERIALS (HEREINAFTER CALLED "CONTENT"), WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED USING THE SERVICES, ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. CONSEQUENTY, THE ENTERPRISE USER SHALL BE RESPONSIBLE FOR ANY SUCH CONTENT POSTED OR TRANSMITTED BY IT.
THE ENTERPRISE USER FURTHER AGREES THAT AT ANY TIME DURING THE VALIDITY OF THE SUBSCRIPTION BEING REFERRED TO HEREIN, ZENGA MAIL SHALL BE ENTITLED TO DEMAND PROOF OF THE INFORMATION SUBMITTED AS ABOVE, AND IF SUCH INFORMATION IS FOUND TO BE FALSE OR MISLEADING, SHALL BE ENTITLED TO DISCONTINUE THE PROVISION OF ITS SERVICES IMMIDEATELY. THIS SHALL NOT ENTAIL ANY REFUNDS BY ZENGA MAIL.
THE ENTERPRISE USER FURTHER AGREES AND UNDERSTANDS THAT WHILE ZENGA MAIL MAY OR MAY NOT SCREEN THE CONTENT POSTED BY ITS VARIOUS USERS, ZENGA MAIL SHALL AT ALL TIMES BE ENTITLED TO SCREEN CONTENT AND SHALL BE ENTITLED TO DELETE THE SAME IF SUCH CONTENT SHALL BE FOUND TO BE VIOLATIVE OF THE TERMS OF THIS AGREEMENT OR OTHERWISE OBJECTIONABLE. THIS SHALL NOT HOWEVER BE CONSTRUED AS LIMITING THE LIABILITY OF THE USER WHO HAS UPLOADED THE CONTENT;
THE ENTERPRISE USER AGREES THAT IT SHALL BE RESPONSIBLE FOR EVALUATING, AND BEARING ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
THE ENTERPRISE USER UNDERSTANDS THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF THE SERVICE, INCLUDING THE CONTENT, MAY INVOLVE (i) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (ii) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. THE ENTERPRISE USER UNDERSTANDS THAT THE SERVICE AND SOFTWARE EMBODIED WITHIN THE SERVICE MAY INCLUDE SECURITY COMPONENTS THAT PERMIT DIGITAL MATERIALS TO BE PROTECTED, AND THAT USE OF THESE MATERIALS IS SUBJECT TO USAGE RULES SET BY ZENGA MAIL AND/OR CONTENT PROVIDERS WHO PROVIDE CONTENT TO THE SERVICE. ANY UNAUTHORIZED REPRODUCTION, PUBLICATION, FURTHER DISTRIBUTION OR PUBLIC EXHIBITION OF THE MATERIALS PROVIDED ON THE SERVICE, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED.
THE ENTERPRISE USER AGREES AND UNDERSTANDS THAT ZENGA MAIL MAY ALLOW ENTERPRISE USERS AND THE PEOPLE WITH WHOM ENTERPRISE USERS COMMUNICATE TO SAVE THEIR CONVERSATIONS IN THEIR ZENGA MAIL ACCOUNTS LOCATED ON ZENGA MAIL SERVERS. THIS MEANS AN ENTERPRISE USER CAN ACCESS AND SEARCH ITS MESSAGE HISTORY FROM A DEVICE WITH ACCESS TO THE INTERNET. THEREFORE SOME USERS MAY CHOOSE TO USE IT TO SAVE CONVERSATIONS WITH AN ENTERPRISE USER IN THEIR ACCOUNT ON ZENGA MAIL. THIS AGREEMENT CONSTITUTES THEIR CONSENT TO ALLOW ZENGA MAIL TO STORE THESE COMMUNICATIONS ON ITS SERVERS.
THE ENTERPRISE USER AGREES NOT TO REPRODUCE, DUPLICATE, COPY, SELL, TRADE, RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE (INCLUDING ITS ZENGA MAIL ID), USE OF THE SERVICE, OR ACCESS TO THE SERVICE.

IV.           ENTERPRISE USER ACCOUNT, PASSWORD OR SECURITY

                UPON COMPLETION OF THE SUBSCRIPTION PROCESS, THE ENTERPRISE USER SHALL RECEIVE A PASSWORD AND ACCOUNT DESIGANTION. THE ENTERPRISE USER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND SHALL BE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THAT ACCOUNT. THE ENTERPRISE USER AGREES TO (a) IMMIDEATELY NOTIFY ZENGA MAIL OF ANY UNAUTHORIZED USE OF THE PASSWORD OR ACCOUNT OR ANY OTHER BREACH OF SECURITY; AND (b) ENSURE THAT THE USERS EXIT FROM ITS ACCOUNT AT THE END OF EACH SESSION.

V.            ENTERPRISE USER’S CONDUCT
                WITHOUT PREJUDICE TO THE TERMS AND CONDITIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, THE ENTERPRISE USER UNDERTAKES NOT TO USE THE SERVICE TO:

(a)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE;

(b)           IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, A ZENGA MAIL OFFICIAL, FORUM LEADER, GUIDE OR HOST, OR FALSELY STATE OR OTHERWISE MISREPRESENT ITS AFFILIATION WITH A PERSON OR ENTITY;

(c)           FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY CONTENT TRANSMITTED THROUGH THE SERVICE;

(d)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT THE ENTERPRISE USER DOES NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OBLIGATIONS.

(e)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS ("RIGHTS") OF ANY PARTY;

(f)            UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, "JUNK MAIL," "SPAM," "CHAIN LETTERS," "PYRAMID SCHEMES," OR ANY OTHER FORM OF SOLICITATION, EXCEPT IN THOSE AREAS THAT ARE DESIGNATED FOR SUCH PURPOSE;

(h)           UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT OR IN ANY MANNER DISRUPT OR OTHERWISE NEGATIVELY AFFECT OTHER USERS' ABILITY TO ENGAGE IN REAL TIME EXCHANGES;

(i)            INTERFERE WITH OR DISRUPT THE SERVICE OR SERVERS OR NETWORKS CONNECTED TO THE SERVICE, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO THE SERVICE;

(k)           IN ANY MANNER VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW;

(l)            ENGAGE IN ANY MANNER OF UNLAWFUL CONDUCT WHATSOEVER THAT MAY BE IN VIOLATION OF THE INFORMATION TECHNOLOGY ACT, 2000, OR OF ANY OTHER LAW FOR THE TIME BEING IN FORCE. FURTHER, RECOGNIZING THE GLOBAL NATURE OF THE INTERNET, THE ENTERPRISE USER AGREES TO COMPLY WITH ALL LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT. SPECIFICALLY, ENTERPRISE USER AGREES TO COMPLY WITH ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM INDIA OR THE COUNTRY IN WHICH THE SERVICE IS USED.

VI.           CONTRIBUTIONS BY ENTERPRISE USERS

                BY SUBMITTING IDEAS, SUGGESTIONS, DOCUMENTS, AND/OR PROPOSALS (HERIENAFTER CALLED "CONTRIBUTIONS") TO ZENGA MAIL THROUGH ITS SUGGESTION OR FEEDBACK WEBPAGES OR THROUGH OTHER MEANS, THE ENTERPRISE USER ACKNOWLEDGES AND AGREES THAT: (a) ITS CONTRIBUTIONS DO NOT CONTAIN CONFIDENTIAL OR PROPRIETARY INFORMATION; (b) ZENGA MAIL IS NOT UNDER ANY OBLIGATION OF CONFIDENTIALITY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTRIBUTIONS; (c) ZENGA MAIL SHALL BE ENTITLED TO USE OR DISCLOSE (OR CHOOSE NOT TO USE OR DISCLOSE) SUCH CONTRIBUTIONS FOR ANY PURPOSE, IN ANY WAY, IN ANY MEDIA WORLDWIDE; (d) ZENGA MAIL MAY HAVE SOMETHING SIMILAR TO THE CONTRIBUTIONS ALREADY UNDER CONSIDERATION OR IN DEVELOPMENT; (e) ENTERPRISE USER’S CONTRIBUTIONS AUTOMATICALLY BECOME THE PROPERTY OF ZENGA MAIL WITHOUT ANY OBLIGATION OF ZENGA MAIL TO THE ENTERPRISE USER; AND (f) ENTERPRISE USER SHALL NOT BE ENTITLED TO ANY COMPENSATION OR REIMBURSEMENT OF ANY KIND FROM ZENGA MAIL UNDER ANY CIRCUMSTANCES.

VII           INDEMNITY
                ENTERPRISE USER AGREES TO INDEMNIFY AND HOLD ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT THE ENTERPRISE USER SUBMITS, POSTS, TRANSMITS OR OTHERWISE MAKES AVAILABLE THROUGH THE SERVICE, THE ENTERPRISE USER’S USE OF THE SERVICE, ENTERPRISE USER’S CONNECTION TO THE SERVICE, ENTERPRISE USER’S VIOLATION OF THIS AGREEMENT, OR ENTERPRISE USER’S VIOLATION OF ANY RIGHTS OF ANOTHER.

VIII         GENERAL PRACTICES
                THE ENTERPRISE USER ACKNOWLEDGES THAT ZENGA MAIL MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE MAXIMUM NUMBER OF DAYS THAT EMAIL MESSAGES, MESSAGE BOARD POSTINGS OR OTHER UPLOADED CONTENT WILL BE RETAINED BY THE SERVICE, THE MAXIMUM NUMBER OF EMAIL MESSAGES THAT MAY BE SENT FROM OR RECEIVED BY AN ACCOUNT ON THE SERVICE, THE MAXIMUM SIZE OF ANY EMAIL MESSAGES THAT MAY BE SENT FROM OR RECEIVED BY AN ACCOUNT ON THE SERVICE, THE MAXIMUM DISK SPACE THAT WILL BE ALLOTTED ON ZENGA MAIL'S SERVERS ON THE ENTERPRISE USER’S BEHALF, AND THE MAXIMUM NUMBER OF TIMES (AND THE MAXIMUM DURATION FOR WHICH) THE ENTERPRISE USER MAY ACCESS THE SERVICE IN A GIVEN PERIOD OF TIME. THE ENTERPRISE USER AGREES THAT ZENGA MAIL HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE. THE ENTERPRISE USER FURTHER ACKNOWLEDGE THAT ZENGA MAIL RESERVES THE RIGHT TO MODIFY THESE GENERAL PRACTICES AND LIMITS FROM TIME TO TIME.

IX            MODIFICATIONS
                ZENGA MAIL RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. THE ENTERPRISE USER AGREES THAT ZENGA MAIL SHALL NOT BE LIABLE TO IT OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE

X             TERMINATION
                THE ENTERPRISE USER AGREES THAT ZENGA MAIL MAY, UNDER CERTAIN CIRCUMSTANCES AND WITHOUT PRIOR NOTICE, IMMEDIATELY TERMINATE ITS ZENGA MAIL ACCOUNT, ANY ASSOCIATED EMAIL ADDRESS, AND ACCESS TO THE SERVICE. CAUSE FOR SUCH TERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, (a) BREACHES OR VIOLATIONS OF THIS AGREEMENT OR OTHER INCORPORATED AGREEMENTS OR GUIDELINES, (b) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (c) A REQUEST BY THE ENTERPRISE USER (SELF-INITIATED ACCOUNT DELETIONS), (d) DISCONTINUANCE OR MATERIAL MODIFICATION TO THE SERVICE (OR ANY PART THEREOF) BY THE ENTERPRISE USER, (e) UNEXPECTED TECHNICAL OR SECURITY ISSUES OR PROBLEMS, (f) EXTENDED PERIODS OF INACTIVITY, (g) ENGAGEMENT BY THE ENTERPRISE USER IN FRAUDULENT OR ILLEGAL ACTIVITIES, AND/OR (h) NONPAYMENT OF ANY FEES OWED BY THE ENTERPRISE USER IN CONNECTION WITH THE SERVICES.

XI            ADVERTISERS
                THE ENTERPRISE USER’S CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN THE ENTERPRISE USER AND SUCH ADVERTISER. THE ENTERPRISE USER AGREES THAT ZENGA MAIL SHALL NOT BE RESPONSIBLE OR 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 ADVERTISERS ON THE SERVICE

XII          THIRD PARTY LINKS
                ZENGA MAIL MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEB SITES OR RESOURCES. THE ENTERPRISE USER ACKNOWLEDGES AND AGREES THAT ZENGA MAIL IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.

XIII         PROPRIETARY RIGHTS
                THE ENTERPRISE USER ACKNOWLEDGES AND AGREES THAT THE SERVICE AND ANY NECESSARY SOFTWARE USED IN CONNECTION WITH THE SERVICE (HEREINAFTER CALLED "SOFTWARE") CONTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION THAT IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS. THE ENTERPRISE USER FURTHER ACKNOWLEDGES AND AGREES THAT CONTENT CONTAINED IN SPONSOR ADVERTISEMENTS OR INFORMATION PRESENTED TO THE ENTERPRISE USER THROUGH THE SERVICE OR BY ADVERTISERS IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY PERMITTED BY APPLICABLE LAW OR AUTHORIZED BY ZENGA MAIL OR ITS LICENSORS OR ADVERTISERS, THE ENTERPRISE USER AGREES NOT TO MODIFY, REVERSE ENGINEER, DECODE, RENT, LEASE, LOAN, SELL, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR THE SOFTWARE, IN WHOLE OR IN PART.

XIV         DISCLAIMERS & WARRANTIES
                IN ADDITION TO THE DISCLAIMER AND WARRANTIES EXPLICITLY AND IMPLIEDLY CONTAINED ELSEWERE IN THIS AGREEMENT, THE ENTERPRISER USER EXPRESSELY UNDERSTANDS AND AGREES THAT:

THE ENTERPRISE USER’S USE OF THE SERVICE IS AT ITS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS PROVIDED" BASIS. ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY DEFICIENCY IN SERVICE ON ACCOUNT OF A LACK OF MOBILE TELEPHONE NETWORK OR ON ACCOUNT OF ANY OTHER REASON NOT DIRECTLY ATTRIBUTABLE TO ZENGA MAIL;
ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE ENTERPRISE USER’S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE ENTERPRISE USER THROUGH THE SERVICE WILL MEET ITS EXPECTATIONS;
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT THE ENTERPRISE USER’S OWN DISCRETION AND RISK, AND THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE ENTERPRISE USER FROM ZENGA MAIL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT;
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR TRADING OR INVESTING PURPOSES. ZENGA MAIL AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS BASED ON SUCH INFORMATION;
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF THE ENTERPRISE USER, HAS AN EPILEPTIC CONDITION, THEN HE /SHE SHOULD CONSULT HIS/HER PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT HIS/HER PHYSICIAN IF THE ENTERPRISE USER EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

XV          LIMITATION OF LIABILITY
                THE ENTERPRISE USER EXPRESSLY UNDERSTAND AND AGREE THAT ZENGA MAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO THE ENTERPRISE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
XVI         NOTICE
                ZENGA MAIL MAY PROVIDE THE ENTERPRISE USER WITH NOTICES, INCLUDING THOSE REGARDING CHANGES TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO EMAIL, REGULAR MAIL, SMS, MMS, TEXT MESSAGE, POSTINGS ON THE SERVICE, OR OTHER REASONABLE MEANS NOW KNOWN OR HEREINAFTER DEVELOPED AND SUCH NOTICE SHALL CONSTITUTE ADEQUATE NOTICE TO ENTERPRISE USER.
                THE ENTERPRISE USER MAY PROVIDE ZENGA MAIL WITH NOTICES, BY REGISTERED POST AND EMAIL AT SUCH NOTICE ADDRESS AS NOTIFIED ON ITS WEB PAGE AND THIS SHALL CONSTITUTE ADEQUATE NOTICE TO ZENGA MAIL.
XVII        MISCELLANEOUS

ENTIRE AGREEMENT.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE ENTERPRISE USER AND ZENGA MAIL AND GOVERNS THE USE OF THE SERVICE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN THE ENTERPRISE USER AND ZENGA MAIL WITH RESPECT TO THE SERVICE [EXCEPT WHERE SUCH PRIOR AGREEMENT MAKES A SPECIFIC REFERNCE TO THIS AGREEMENT]. THE ENTERPRISE USER ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN THE ENTERPRISE USER USES OR PURCHASES CERTAIN OTHER ZENGA MAIL SERVICES, AFFILIATE SERVICES, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE.

SEVERABILITY

GOVERNING LAW & ARBITRATION

THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF INDIA. ANY DISPUTE PERTAINING TO THE PROVISION OF THE SERVICE, SHALL BE SUBJECTED TO ARBITRATION. EITHER PARTY MAY REFER THE MATTER TO A SOLE ARBITRATOR TO BE NOMINATED BY BOTH THE PARTIES WITH MUTUAL CONSENT. THE DECISION OF THE ARBITRAL TRIBUNAL SHALL BE BINDING AND FINAL. THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 OR ANY OTHER STATUTORY AMENDMENT, FOR THE TIME BEING IN FORCE, SHALL APPLY. THE ARBITRATION SHALL BE CONDUCTED AT NEW DELHI.
(d) WITHOUT PREJUDICE TO ANY OTHER TERM OF THIS AGREEMENT, IT IS SPECIFICALLY AGREED BY THE ENTERPRISE USER THAT NO CLAIM OR CAUSE OF ACTION SHALL LIE AGAINST ZENGA MAIL AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS AT ANY TIME LATER THAN ONE YEAR FROM THE DATE OF SUBSCRIPTION TO THE SERVICE.

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