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THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS BETWEEN AKMIN TECHNOLOGIES PVT. LTD., A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT NEW NO. NO 56, RAMAMOORTHY AVENUE, SAKTHI NAGAR, PORUR, CHENNAI -600 116 ("AKMIN") AND THE PERSON WHO OPENS THIS PACKAGE OR USES THE SOFTWARE WHICH ACCOMPANIES THIS AGREEMENT (THE "USER"). THIS AGREEMENT GIVES A USER THE RIGHT TO ACCESS AND USE THE COMPANY´S PRODUCTS AND SERVICES ("SERVICES") PURCHASED FROM THE COMPANY, ITS RESELLERS OR AGENTS. THE COMPANY IS WILLING TO GRANT A USER THE RIGHT TO ACCESS AND USE THE COMPANY´S SERVICES ONLY IF THE USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT, AND PAYS OR HAS PAID THE COMPANY, ITS RESELLERS OR AGENTS, THE FULL PURCHASE PRICE (TO INCLUDE ALL APPLICABLE TAXES AND FEES) FOR USE OF THE LICENSE TO THE PRODUCTS PURCHASED .

BY CLICKING THE "I AGREE" BUTTON BELOW AND ACCESSING THE PRODUCTS, THE USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT as of the date on which USER first click the "Accept" button, or otherwise first install or use the Software (such date, the "Effective Date"). IF THE USER DOES NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, THE USER SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE PRODUCTS BECAUSE NO LICENSE SHALL HAVE BEEN GRANTED THERETO.

WHEREAS AKMIN has developed an easy to use, feature-rich, online do-it-yourself all inclusive web site building service for Students to create, publish and update websites, called 'websiteforever', hereinafter referred to as the "Service" and is the exclusive owner of all rights in and to the said Service and has the exclusive right to allow users to create websites and publish contents. WHEREAS the USER is desirous of using the services of 'websiteforever' for an on behalf of his student nominee / child and NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, as set forth herein, the Parties agree as follows:

1.SCOPE OF THE AGREEMENT
This agreement is for the use of the web site building service for Students called websiteforever, developed by AKMIN

GENERAL CONDITIONS
Words used herein, incorporating the masculine gender also include the feminine gender, and words incorporating the singular include the plural and vice versa, and the word "he" shall include the word "it" where applicable.

DEFINITIONS
a) "Agreement" -means the End User License Agreement.
b) "Effective Date"- means the date on which the USER first clicks the "ACCEPT" button.
c) "Parental Control Password" means the unique and secure password that is generated by AKMIN and issued to the USER as mentioned in this Agreement and which has to provided by the USER to enable the student nominee to publish the website created by him / her on the internet.
c) "Service" means services offered by AKMIN to enable the student nominee to publish a website under its domain http://students.websiteforever.com as described in Clause 6 below.
c) "Site"- means http://students.websiteforever.com owned by AKMIN.
d) "Student nominee" means a student who desires to avail the facility offered by AKMIN to develop and publish a website and on behalf of whom the user is entering into this agreement.
f) "Term"- means the period commencing on the effective date and terminating as set forth in this agreement.
e) "User" means a Parent of the student nominee, in the absence of whom, a guardian being a grandparent, maternal or paternal uncles or aunts or any other person who is duly authorized to be the guardian by the parent or by court of law or a competent authority and recorded as a guardian in the school records

2.PERIOD OF AGREEMENT, EXTENTION AND TERMINATION
This Agreement shall be in effect for a period of 1 year starting from the effective date provided that this Agreement has not been terminated or extended as provided in accordance with this agreement.

The contract unless otherwise terminated can be extended by USER by exercising the renewal option from the link generated by AKMIN on expiration of the period of this Agreement and on payment of the subscription renewal amount payable thereto.

AKMIN may terminate this Agreement without notice to the USER, if the USER materially breaches any of the terms of this Agreement, including, without limitation, failure to make payment on time. The USER may terminate this agreement after giving seven (7) days notice to AKMIN.

Upon the termination of this Agreement, the USER shall pay AKMIN any outstanding amounts due for the Services provided to the USER prior to termination

3.ELIGIBILITY
The USER has to be an adult natural person with the capacity to acquire rights and incur obligations on behalf of his ward or the student nominee. The USER must be a person as defined above to subscribe to the services of WebsiteForever. The USER can nominate only one student nominee per account of Service covered by each subscription. By subscribing to the Service, the USER represents and warrants that he has the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Subscription of the Service is void where prohibited.

4.ACCEPTANCE OF TERMS
WebsiteForever is provided by AKMIN, which provides its services to the student represented by the parent/guardian (USER), subject to the terms and conditions of this agreement, which may be updated by the AKMIN from time to time without notice to the USER.

This user agreement will come into effect from the date (Effective date) when the USER clicks the "I Accept" button and accepts the terms and conditions of this agreement. On acceptance of the Agreement and the payment of the subscription amount, AKMIN shall then generate the Parental Control Password and have it sent to the USER to the contact numbers and email addresses provided by him. The USER is required to provide / enter this Parental Control Password provided by AKMIN to enable the website created by the student nominee to be finally published on the Internet. The USER is also required to accept the declaration generated by AKMIN during the website publishing process to declare that the USER has vetted the website created by the student nominee and that it is free from all offensive and/or objectionable material or images and is suitable for publishing on the internet. AKMIN shall not allow the student created website to be published unless and until the Parental Control Password is submitted and declaration made by the USER. The email address provided by the USER for communicating the Parental Control Password and other information regarding the publishing, editing/ modification and / or other use of the website created by the student nominee, is mandatory and cannot be changed without a written confirmation to that effect to AKMIN and on acceptance of the same.

The USER may opt to allow his student nominee to publish the website without providing the Parental Control Password and in such event, the USER accepts and affirms that he shall be solely responsible and liable for all the consequences and liabilities that may arise as a result of such un-vetted website being published by his student nominee and the USER shall be required to accept the declaration to that effect generated by AKMIN in order to enable the USER to exercise such an option to disable Parental Control Password. The USER may after disabling the Parental Control Password option, subsequently again enable the Parental Control Password option as and when he considers necessary.

AKMIN reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time at its sole discretion, and to determine whether and when any such changes apply to both existing and future USERS. AKMIN may make changes or modifications to referenced policies and guidelines without notice to the USER. The onus is on the user to regularly check the site and the TERMS and CONDITIONS to determine if there are any changes to the TERMS AND CONDITIONS and review the changes that may have been effected. The USER accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration. If any such changes or modification is not acceptable to the USER, he may discontinue the use of the services of WebsiteForever, by terminating the agreement in accordance with the terms of this agreement, as the continued use of the site would constitute acceptance to the changes.

5.DESCRIPTION OF SERVICES
AKMIN shall provide an easy to use, feature-rich, online do-it-yourself all inclusive web site building service for Students to create, publish and update websites. It will be a complete one-stop web presence package which will be powered by the AKMIN and would include the following:
a.Website Builder to Create Websites
b.A Free sub-domain name (Ex: yourname.websiteforever.com)
c.Hosting
d.Website Editing tool to edit and update the websites
e.Various Widgets for the Website

The parent or guardian of the student nominee has to necessarily accept this Terms and Conditions to enable the student to use or subscribe to WebsiteForever and avail the Services to create and publish websites.

The USER or his student nominee shall be allowed to publish contents only after entering the publishing pass-word provided by AKMIN to the USER and after acceptance and submission of the declaration mentioned hereinabove or in the event the USER is exercising the option of disabling the Parental Control Password option, then after acceptance and submission of the declaration to that effect as mentioned hereinabove.

Every time the website gets published, AKMIN will send the USER email intimation. If a new page is added, then the link to the page will be intimated to the USER by email. If a text is changed in a page by the student nominee, then that portion of the text will be highlighted and sent as part of the email to the USER, so as to enable the USER to track any changes made by his student nominee in the website.

All forms requiring information for creation of the website by the student nominee shall be forwarded by AKMIN by mail to the USER only, who may then in turn forward it to their child / ward / student. The service will be provided with precautionary measures to ensure proper usage of the service and security for the student created websites, however the USER shall be solely responsible for the contents published by his student nominee.

In websites created using WebsiteForever, a text footer with a hyperlink to WebsiteForever would be set and the USER agrees not to remove it. In order to access certain services, the USER may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of WebsiteForever services. If AKMIN believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same USER or nominee), it has the right to refuse the USER or his student nominee access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend the USER's account.

6.SUBSCRIPTION, PRICING AND PAYMENT
The subscription to services of 'websiteforever' is subject to acceptance by AKMIN. The USER's subscription to the services for and on behalf of his student nominee shall be deemed accepted by AKMIN when AKMIN provides a confirmation of the subscription to the USER together with the publishing pass-word. AKMIN reserves the right to refuse to provide the service for any reason within its discretion. The pricing for the services ("Fees/subscription amount") shall be AKMIN's then current pricing for such services as provided in the Sign Up page or in the Software packaging. The payments shall be made to AKMIN through paypal or online credit card or any other method approved by AKMIN. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by AKMIN) or other non-payment by the USER in connection with his payment of the applicable service or subscription fee, the USER acknowledges and agrees that the services under this agreement may be suspended, cancelled or terminated, at AKMIN's sole discretion. All fees are non-refundable, in whole or in part, even if the service under this agreement is suspended, cancelled or transferred prior to the end of the term of service under this agreement.

THE USER shall not be obligated to pay any fees during the trial or free period, if any, as and when it is made available to the USER by AKMIN.

7.RESPONSIBILITIES OF THE USER
The USER shall maintain the confidentiality of his account password and shall be responsible for all activities that occur under his account.

The USER agrees to immediately notify AKMIN of any unauthorized use of his password or account or any other breach of security. AKMIN cannot and will not be liable for any loss or damage arising from the USER's failure to provide it with accurate information or to keep his password secure.

The USER warrants that in the use of the services by him or his student nominee, he and his student nominee shall:-
i)use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the services by any third party;
ii)not engage in any conduct which is unlawful, defamatory or which may harass or cause distress or inconvenience to any person;
iii)not upload, post, transmit or distribute any material or information in which the USER/ his student nominee does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, malicious, defamatory, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable;
iv)not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the service of AKMIN or other users´ computer systems.
v)not disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right or personal proprietary right of any person;
vi)not upload, post, publish, distribute or otherwise transmit any content that they do not have a right to transmit under any law or under contractual or fiduciary relationships.
vii)not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs
viii)not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers to register another email address other than their own to distort auctions or other markets to threaten or harass others
ix)not create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication
x)not to use the services for any other purpose than that intended viz. use of web site building service for Students to create, publish and update websites.
xi)not engage in any other activity, commercial or otherwise, deemed by AKMIN to be in conflict with the spirit or intent of this Agreement or any AKMIN policy.

The USER agrees that AKMIN, and its partners, contractors, employees, directors, officers, representatives, agents and affiliates, shall not liable for loss or damages that may result from any of the above.

The USER acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the services will not be available to the User) for the purposes of repair, maintenance and upgrading. Accordingly, AKMIN does not guarantee uninterrupted availability of the services, but it shall make reasonable efforts to minimise any periods during which the Web Site building service is not available. The USER accepts that he shall have no claim for breach of contract or otherwise in respect of any such period of unavailability. While the WebsiteForever service is unavailable, the USER or his nominee will not be able to use it to create, edit or publish their site, but their site will not otherwise be affected.

The USER further acknowledges and agrees that:
i)AKMIN does not endorse or take responsibility for any goods, services etc that are posted within the sites and takes no liability in respect of any content uploaded, posted, published or otherwise transmitted by the USER or his ward.
ii)AKMIN has the right to refuse or move any content that is published by the student, which in its opinion is objectionable, without notice.
iii) The Internet is a complex world- wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond the control of AKMIN can occur. AKMIN will not be held liable for network outages nor damages resulting from network outages.
iv)AKMIN has the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any USER/ his ward or content published by his ward.

8.RIGHTS AND RESPONSIBILITIES OF AKMIN
AKMIN shall provide all hosting, maintenance and support services necessary to utilize the aforesaid service and operate the site.
(i)provide the website building services to the students under websiteforever in a Software as a Service Model
(ii) Require the User to directly sign up with AKMIN'S domain websiteforever.
(iii)Provide hosting for the Website Builder and manage the services.
(iv)Provide hosting for the websites published by the students.
(v)Implement the security related features
(vi)Manage the Subscribers
(vii)Provide Support to the Subscribers

AKMIN explicitly reserves the right and sole discretion to:
(i)Censor any content published that, in its sole discretion, is deemed inappropriate;
(ii)Modify its pricing through email notification to the USER;
(iii)Terminate its services for unsolicited, illegal access to other computers or networks; distribution of Internet viruses or similar destructive activities; non-payment of Website Builder fees; and other activities whether lawful or unlawful that AKMIN determines to be harmful to its other customers, operations, or reputation;
(iv)Terminate its services if the contents published result in, or are the subject of, legal action or threatened legal action, against AKMIN or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
(v)Terminate its services and take off the published site from the website with immediate effect if the Services are used by the USER for any other purpose (like commercial or promotional purposes) other than the intended purpose of this service viz. use of web site building service for Students to create, publish and update websites.

AKMIN shall further have the right to:
i)Cause immediate removal of any content published by the USER/ student upon notice by any Govt. Agency
ii)Cause removal of any content published by the USER/ student, after verification of the content by AKMIN, upon notice by any individual or corporate body.

9.LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY
"Background Technology" means computer programming and formatting code or operating instructions developed by or for WebsiteForever services and used to maintain the website. Background Technology does not include any content published by the student or any derivatives, improvements, or modifications of said Content. The USER or his ward shall not duplicate or distribute any Background Technology to any third party without the prior written consent of AKMIN. All rights to the Background Technology not expressly granted to the USER hereunder are retained by AKMIN.

10.INTELLECTUAL PROPERTY RIGHTS.
AKMIN retains the exclusive ownership of all rights, title and interest including, without limitation, all proprietary rights, in and to the Product/ service entitled 'websiteforever'. The USER recognizes that AKMIN is the sole and exclusive owner of all the rights including all the intellectual property rights in the said product/ service including but not limited to patents, trademarks, copyrights, whether registered or not, in any jurisdiction and will not at any time do or suffer to be done any act or thing which in any way may impair the right of AKMIN in the said Product/ Service and particularly will not represent that the USER or the student nominee has any ownership or assignable right in the said Product/ Service or any title or right of ownership to the said Product/ Service.

11.NO RESALE OF SERVICE
The USER agrees not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of WebsiteForever services, use of WebsiteForever services, or access to WebsiteForever services without the written permission of AKMIN.

12.PROPRIETARY TOOL LIMITATIONS
The WebsiteForever services are offered through the proprietary tools and processes. The USER agrees to work within the limitations of the proprietary tools used and the decision of AKMIN is final in any issue that might arise due to this.

13.DISCLAIMER AND WARRANTIES.
AKMIN's servers and any other software/ specification / documentation / application services are provided to the USER ´as is´ and ´where is´ basis and without any warranty of any kind.

AKMIN expressly disclaims all warranties and / or conditions, express or implied, including, but not limited to, the implied warranties and conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement of third party rights.

AKMIN does not warrant that the functions contained in any of the above will meet the USER´s/ his student nominee's requirements, or that the operation of any of the above will be uninterrupted or error-free, or that defects in any of the above will be corrected. AKMIN will not be liable for the consequences of any interruptions or errors.

AKMIN neither warrants nor makes any representations regarding the use or the results of the application services in terms of their correctness, accuracy, reliability, or otherwise.

AKMIN shall not be liable for any temporary delay, outages or interruptions of the services.

14.INDEMNITY
The USER agrees to release, defend, hold harmless and indemnify AKMIN, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to his or his ward's use of WebsiteForever services, violation of the Terms of this agreement or any other actions connected with use of WebsiteForever services, including any liability or expense arising from all claims, losses, damages (actual and consequential), demand, dispute, liability, losses, damages or costs, suits, judgments, litigation costs and attorneys´ fees, of every kind and nature. The USER shall defend and settle at his sole expense all proceedings arising out of the foregoing.

The USER agrees that AKMIN shall have the right to participate in the defense of any such claim through counsel of its own choosing and at its discretion. The USER shall notify AKMIN of any such claim promptly in writing. The USER shall cooperate fully with AKMIN during such proceedings.

The USER not be entitled to a refund of any fees paid to AKMIN if, for any reason, AKMIN takes corrective action with respect to the USER/ his student nominee's improper or illegal use of its Website Builder services.

In case where AKMIN is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account hosted by it, AKMIN in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the site or immediate removal of the site to comply with the actions or requirements of the governmental, administrative or judicial body.

15.LIMITATION OF LIABILITY.
In no event shall AKMIN be liable to the USER or any other person for any indirect, incidental, consequential or punitive damages of any kind, including but not limited to loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), strict liability or otherwise, even if AKMIN has been advised of the possibility of such damages. AKMIN's total liability for damages shall be limited to the total fees paid by the USER to AKMIN hereunder for the 1 year period prior to any act or omission giving rise to any potential liability.

The USER acknowledges that these limitations are an essential element of this agreement, and absent such limitations, AKMIN would not enter into this agreement.

16.LEGAL COMPLIANCE
The USER and his student ward shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of the WebsiteForever´s services

17.GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of India. In case of any dispute or differences between the parties with regard to the terms and conditions of this agreement or any action taken in furtherance of this agreement, the competent courts in Chennai, India alone shall have the jurisdiction to adjudicate upon the same.

18.SEVERABILITY
In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.

19.MISCELLANEOUS.
The USER agrees that, there shall be no third party beneficiaries to this agreement, other than the student nominated by him / her under this agreement.

20.ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.