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1.
Introduction
You will need to read this Agreement in its entirety
to review the general provisions of the Terms of Use
and Additional Terms specific to the product or service
for which you are now signing up. Your use of Cranberry
Communications constitutes your agreement to these Terms
of Use. Your use of a particular Cranberry Communications
Web site included within, or acceptance of a product,
service, or benefit obtained through Cranberry Communications,
may also be subject to additional terms specified in
this document, on the applicable Cranberry Communications
Web site or in other accompanying documentation (as
such terms that may be modified by Cranberry Communications
from time to time as described below in the "Additional
Terms").
If
any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms
and guidelines contained within or applicable to any
particular Cranberry Communications Web site, service,
product or benefit, then the applicable Additional Terms
shall control. You agree to familiarize yourself with
the Terms of Use and Notices, including the Additional
Terms, and other terms and guidelines found throughout
the Cranberry Communications Web site and abide by them
if you choose to use the sites, or accept the products,
services or benefits, to which such terms apply.
You
are required to agree to the following terms of use.
Please read these terms of use carefully before purchasing
any of cranberry communications's products and/or services
on this web site. By clicking on the box next to the
phrase "terms of use" on any order page (pursuant
to the instructions located thereon), you are agreeing
to be bound by the following terms of use, as amended
from time to time by cranberry communications (the "agreement").
2.
Registration Process
To use any Cranberry Communications SERVICE, you must
submit certain registration data. Such registration
data shall include, but shall not be limited to, your
name, address, e-mail address, phone number, and other
billing information. You hereby certify that all of
the registration data you provide to Cranberry Communications
is accurate and complete, and you agree to notify Cranberry
Communications within thirty (30) days of any changes
to such data.
3.
Changes to Agreement
Cranberry Communications reserves the right to modify
this Agreement at its own discretion. If any modification
to this Agreement is unacceptable to you, you may immediately
terminate or cancel this agreement by providing written
notice to Cranberry Communications; you will not receive
any refund of fees paid by you hereunder in connection
with any such termination. If you do not terminate or
cancel the Agreement, or if you continue to use a SUBSCRIPTION
SERVICE or any other SERVICE following any modification
to this Agreement, your continued use will mean that
you have accepted that modification. You are responsible
for regularly reviewing these terms and conditions.
4.
Limitations and Restrictions
As a condition of your use of Cranberry Communications,
you warrant to Cranberry Communications that you will
not use Cranberry Communications for any purpose that
is unlawful, or prohibited by these Terms of Use and
Notices or the Additional Terms (as may be modified
from time to time). You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products, services or benefits
obtained from Cranberry Communications, except as expressly
provided herein, or with written consent by both you
and Cranberry Communications. You may not use any SUBSCRIPTION
SERVICE (or any component thereof) or any other SERVICE
for the activities listed below. In the event you violate
this provision, this Agreement will immediately be terminated
and you will no longer be able to use the SUBSCRIPTION
SERVICE (or any component thereof) or any other SERVICE.
You may not use the SUBSCRIPTION SERVICE (or any component
thereof) or any other SERVICE to display or otherwise
use any material, content, software or information provided
through or in connection with Cranberry Communications
to:
- defame,
abuse, harass, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of
others;
conduct or forward illegal contests, pyramid schemes,
chain letters, unsolicited or unauthorized advertising,
promotional materials, unsolicited e-mail or multi-level
marketing campaigns;
- publish,
post, distribute, disseminate or link to any: (i)
inappropriate, profane, defamatory, infringing, obscene,
adult content, nude, indecent or unlawful topic, name,
material or information; (ii) software or other material
protected by intellectual property laws, copyright
licenses, rights of privacy or publicity, or other
proprietary rights, unless you own, control such rights
or have received all necessary consents for your use
of such software and other materials; (iii) software
or other material that contains viruses, corrupted
files, or that may or are intended to damage the operation
of another's computer (e.g., "cracks" or
other programs written to defeat the security measures
of any computer, system or programs);
- sell,
distribute, disseminate or link to any sites for marketing,
sales or distribution of: firearms, explosives, ammunition,
liquor, tobacco products, food that is not packaged
or does not comply with all applicable laws for sale
to consumers by commercial merchants, pharmaceuticals
and controlled substances, counterfeit, pirated or
stolen goods, fraudulent goods, any goods or services
that infringe or otherwise violate a third party's
rights, registered or unregistered securities, goods
or services that: (i) you cannot legally sell, (ii)
and/or are misrepresented ;
- harvest
or otherwise collect information about third parties,
including e-mail addresses, without the express consent
of such third parties;
- restrict
or inhibit any other user from using and enjoying
its rights in Cranberry Communications, interfering
with or disrupting the Cranberry Communications service
or servers or network connected to Cranberry Communications;
or, violate any applicable government laws or regulations.
- Cranberry
Communications is not obligated to monitor the content
on Cranberry Communications. However, with respect
to the use of the products and services offered on
Cranberry Communications. Cranberry Communications
reserves the right to disclose any information or
materials as necessary to satisfy any applicable law,
regulation, legal process or government request, or
to edit, refuse to post or to remove any information
or materials, in whole or in part, from the Cranberry
Communications Web sites, in Cranberry Communications's
sole discretion, without notice at any time.
5.
Payment and Fees
Some products and services available through or in connection
with Cranberry Communications require that you purchase
a SUBSCRIPTION SERVICE or otherwise pay a fee and/or
a monthly fee. Charges may apply for certain services
such as, web site design, web dite hosting, consulting,
subscription services, or any other service as described
on the Cranberry Communications websit.You agree to
pay Cranberry Communications all amounts due upon demand.
All fees and payments are nonrefundable. Amounts not
paid by you to Cranberry Communications when due, may
bear interest at the lesser of (a) one and one-half
percent (1.5%) per month, and (b) the maximum rate permitted
by applicable law. You must notify Cranberry Communications
in writing that you are terminating this Agreement,
fees pre-paid by you to Cranberry Communications for
Cranberry Communications products or services will not
be credited back to your applicable credit card or otherwise
refunded to you. Cranberry Communications is not required
to refund directly or indirectly to you any amounts
paid hereunder. You understand that if Cranberry Communications
does not receive timely payment of all amounts due for
any SUBSCRIPTION SERVICE or any other SERVICE you purchase,
your use of all SERVICES and SUBSCRIPTION SERVICES may
be severely restricted or terminated, at Cranberry Communications's
sole discretion. You agree to pay any taxes, duties,
and assessments arising out of your use of Cranberry
Communications. You agree to pay all attorney and collection
fees arising from our efforts to collect any past due
amounts from you to the extent allowed by law.
6.
Links to Third Party Sites
Links within Cranberry Communications may let you leave
Cranberry Communications. You acknowledge that the linked
sites are not under the control of Cranberry Communications
and that Cranberry Communications is not responsible
for the contents or operation of such linked sites or
any link contained in such linked site, or any changes
or updates to such sites. Cranberry Communications is
not responsible for web casting or any other form of
transmission received from any linked site. Cranberry
Communications is providing these links to you only
as a convenience, and the inclusion of any link does
not imply endorsement by Cranberry Communications of
the linked site or any association with their operators.
7.
Your License to Cranberry Communications
Cranberry Communications does not claim ownership of
the materials you provide to Cranberry Communications
(including feedback and suggestions) or post, upload,
input or submit in connection with your use of Cranberry
Communications or any web site ("Your Web Site")
created by Cranberry Communications for you or on your
behalf in connection with the use of Cranberry Communications
(collectively "Submissions"). However, you
grant Cranberry Communications a royalty-free license
to use (including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, sublicense and
reformat your Submission, and to publish your web site
name on the Cranberry Communications website as in a
section called "Our Clients") your Submission
only in connection with the operation and promotion
of Cranberry Communications. No compensation will be
paid or due you with respect to Cranberry Communications's
or its sublicensee's use of the materials as licensed.
Cranberry Communications is under no obligation to post
or use any materials you may provide, and may remove
such materials at any time in Cranberry Communications's
sole discretion. By posting messages, uploading files,
inputting data, submitting any feedback or suggestions,
or engaging in any other form of communication with
or through any Cranberry Communications Web site, you
warrant and represent that you own or otherwise control
the rights necessary to do so and to grant Cranberry
Communications the license set forth above, and you
will defend and indemnify Cranberry Communications and
its suppliers from any third party claim related to
a breach of any of the foregoing representations or
warranties.
8.
Limitation of Liability Disclaimer
You agree that our entire liability and that of any
third party providing services as part of the subscription
service or any other service, and your exclusive remedy,
with respect to the subscription service and any other
service, and any matter arising out of this agreement,
is solely limited to the amount you paid for such subscription
service or service. Cranberry communications, its contractors,
affiliates (including third parties providing services
as part of the subscription service or any other service)
and parent companies shall not be liable for any direct,
indirect, punitive, incidental, special, consequential
or exemplary damages or any damages whatsoever including,
without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with
the use or performance of cranberry communications or
resulting from the use or inability to use the subscription
service or any other service, or any of the cranberry
communications designed web sites, web site hosting
service, or other cranberry communications services
or for the cost of procurement of substitute services.
Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages,
in such states, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting
from acts of god; (4) loss or liability resulting from
the unauthorized use or misuse of your account information
(including any passwords); (5) loss or liability resulting
from errors, omissions, or misstatements in any and
all information or service(s) provided under this agreement;
(6) loss or liability relating to the deletion of or
failure to store e-mail messages; (7) loss or liability
resulting from the development or interruption of your
cranberry communications web site or any of the services
included in the subscription service or any other service;
(8) loss or liability from your inability to use any
component of the subscription service or other services;
(9) loss or liability that you may incur in connection
with our processing of your application for our services,
our processing of any authorized modification to your
cranberry communications web site or registration data,
or your agents failure to pay any fees, including the
monthly subscription service fee. You hereby acknowledge
that this provision will apply whether or not cranberry
communications is given notice of the possibility of
such damages and that this provision will apply to all content, merchandise or services available through Cranberry
Communications. The terms of this Section will survive
any termination or cancellation of this agreement.
The
information, products, services, and other material
included in or available through Cranberry Communications
may not be complete, and may include inaccuracies or
errors, and may also be modified or deleted from time
to time. Advice, information, products, services or
other materials received via Cranberry Communications
should not be relied upon for personal, medical, legal,
business, financial or other decisions and is not intended
to replace the advice of appropriate and qualified professionals.
You acknowledge that you should consult an appropriate
professional for specific advice tailored to your situation.The
terms of this Section will survive any termination or
cancellation of this agreement.
Without
limiting the foregoing, Cranberry Communications is
not responsible for any of your data residing on Cranberry
Communications hardware. You are responsible for backing-up
your data and information that may reside on the Cranberry
Communications hardware, or any 3rd party hardware,
whether or not such information is produced through
the use of Cranberry Communications. It is your responsibility
to take the necessary steps to ensure your primary means
of business is maintained. The terms of this Section
will survive any termination or cancellation of this
agreement.
9.
Disclaimer of Warranty
You agree and understand that you are using any SUBSCRIPTION
SERVICE or any other SERVICE at your own risk. The SUBSCRIPTION
SERVICE or any other SERVICE is provided on an AS IS,
AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. Cranberry Communications EXPRESSLY
DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIPTION
SERVICE OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS,
BE ERROR-FREE, SECURE OR UNINTERRUPTED. Cranberry Communications
DOES NOT GUARANTEE YOUR RECEIPT OF SERVICE AT ANY PARTICULAR
TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED
VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY Cranberry Communications, ITS EMPLOYEES, LICENSORS
OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY
ON ANY SUCH INFORMATION OR ADVICE. The terms of this
Section will survive any termination or cancellation
of this agreement.
10.
Access Restriction
Cranberry Communications reserves the right to deny
in its sole discretion any user access to Cranberry
Communications or any portion thereof without notice.
You are responsible for safeguarding the confidentiality
of your password(s) and user name(s) issued to you by
Cranberry Communications, and for any use or misuse
of your account or Cranberry Communications resulting
from any third party using a password or user name issued
to you.
11.
Termination
Cranberry Communications may terminate this Agreement
and your access to Cranberry Communications (in whole
or in part) and related services at any time, with or
without cause, and with or without notice. Anyone determined
by Cranberry Communications to have violated these Terms
of Use and Notices, or any Additional Terms may be barred
from using Cranberry Communications, or from receiving
any products, services or benefits from Cranberry Communications.
In addition, if you violate any of these Terms of Use
and Notices, or Additional Terms (as applicable) you
will forfeit all in-kind credits and any other amounts
accruing to you (if any) in connection with Cranberry
Communications.
A.
Cancellation Policy
All fees are non-refundable once your request for a
Cranberry Communications DESIGNED WEB SITE, a SUBSCRIPTION
SERVICE, the WEB SITE HOSTING SERVICE, or any SERVICE,
is received. If you cancel your subscription before
the end of any initial minimum term, Cranberry Communications
will not refund any subscription fees or payments for
the customized web site development service paid prior
to such cancellation. You will also be required to pay
the entire standard monthly charge for each month remaining
in any initial minimum term. To cancel your Cranberry
Communications subscription, you must submit your request
for termination to Cranberry Communications. For security
reasons, all requests for cancellation of a subscription
must be made by the primary contact person on the account
and must specify the exact SERVICE to be cancelled and
the applicable registered login email address for the
account. Subscription cancellations will be effective
upon Cranberry Communications's receipt of such information.
Cancellation of any Cranberry Communications service
(whether by Cranberry Communications or by you) will
not relieve you of any payment obligations as set forth
in these Terms of Use and Notices.
B.
Effect of Termination
Upon any termination of this Agreement, your right to
use the SUBSCRIPTION SERVICE (and, therefore, your license
to use the Cranberry Communications WEB SITE) or any
other SERVICE will automatically terminate, and you
shall immediately cease any use of the Cranberry Communications
WEB SITE and the SUBSCRIPTION SERVICE or any other SERVICE;
Cranberry Communications shall immediately cease providing
the SUBSCRIPTION SERVICE or any other SERVICE. Unless
otherwise specified in writing by Cranberry Communications,
you will not receive any refund for monthly payments
already made by you as of the date of termination. If
termination of this Agreement is due to your default
hereunder, you shall bear all costs of such termination,
including any reasonable costs Cranberry Communications
incurs in closing your account. You agree to pay any
and all costs incurred by Cranberry Communications in
enforcing your compliance with this Section.
12.
General
This agreement constitutes the entire agreement between
you and Cranberry Communications with respect to any
SUBSCRIPTION SERVICE, or any other SERVICE and your
use of Cranberry Communications supersedes all prior
agreements between you and Cranberry Communications
pertaining to the same. Cranberry Communications's failure
to enforce any provision of this agreement will not
be construed as a waiver of any provision or right.
In the event that a portion of this agreement is held
unenforceable, the unenforceable portion will be construed
in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties, and
the remainder of the provisions will remain in full
force and effect. Interpretation and enforcement of
this agreement will be governed by the laws of the State
of Delhi, India (excluding its choice of law rules).
You hereby consent to personal jurisdiction in the federal
courts in the district of the State of Delhi (New Delhi),
Delhi for any action arising out of or related in any
way to this Agreement or relating to your use of Cranberry
Communications (or any component thereof). Nothing in
this agreement will be construed as creating a joint
venture, partnership, employment or agency relationship
between you and Cranberry Communications, and you do
not have any authority to create any obligation or make any representation on Cranberry Communications's behalf,
unless a specific written agreement between you and
Cranberry Communications is made. Other than as specified
herein, neither party makes any representations, or
assumes or creates any obligations, on behalf of the
other. You may not assign this agreement, by operation
of law or otherwise, without Cranberry Communications's
written consent. Subject to the foregoing, this agreement
will be binding on, inure to the benefit of and be enforceable
against you and Cranberry Communications and their respective
successors and assigns. Other than services provided
as a part of the SUBSCRIPTION SERVICE or any other Cranberry
Communications SERVICE, Cranberry Communications is
not responsible for and shall have no liability with
respect to any products and/or services purchased by
you from other parties, whether through the Cranberry
Communications Web site or otherwise, and the provision
of any such other products and/or services shall be
subject to your agreement, if any, with the party providing
the other products and/or services. The terms of this
Section will survive any termination of this agreement.
13.
Indemnification
You agree to defend, indemnify, and hold Cranberry Communications
and its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns harmless from and
against any and all claims, liabilities, damages, costs
and expenses (including reasonable attorneys' fees and
expenses) of third parties arising from or related to
(a) any information, material, content products, or
services available on your licensed Cranberry Communications
DESIGNED WEB SITE; (b) your use of the WEB SITE HOSTING
SERVICE or the licensed Cranberry Communications DESIGNED
WEB SITE, or any other SERVICE; or (c) any use of your
licensed Cranberry Communications DESIGNED WEB SITE.
The obligations in this Section will not be limited
in any way by any other provisions of this Agreement,
including the limitation of liability section set forth
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