My-India AdNetwork: Terms of Service
ACCEPTANCE OF TERMS
Welcome to My-India AdNetwork. My-India Ad Network provides its service
to you, subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You can review the
most current version of the TOS at any time at: http://www.my-india.net/b/tos.shtml.
In addition, when using particular My-India Ad Network services, you and
My-India Ad Network shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the TOS.
THIS AGREEMENT BETWEEN My-India Ad NETWORK. (hereinafter referred to as
"My-India Ad NETWORK") and Account Holder (hereinafter referred to as
WHEREAS My-India Ad NETWORK provide the following services (the
1) free ad exchange, in exchange for the right to show advertisements on the
user's web site at a 3:2 exchange view ratio;
2) Advertising solutions for businesses/web sites on the banner network and on
other client sites for a nominal fee.
AND WHEREAS User desires to subscribe to the Service on the terms and
conditions contained herein;
NOW THEREFORE in consideration of the mutual covenants and agreements
contained in this Agreement and other good and valuable consideration (the
receipt and sufficiency of which are hereby irrevocably acknowledged by the
parties) My-India Ad NETWORK and User agree as follows:
- The Service. My-India Ad NETWORK agrees to provide user with an account (the
"Account") on the My-India Ad NETWORK for the purpose of promoting the
user's business or website (the "Site").
- Advertisements. User agrees that My-India Ad
NETWORK has the right to place banner advertisement at the first screen fold (
within first 480 pixels at the top ) of the main page on the Site.
- not to remove, modify or interfere with the display of these advertisements
in any way;
- not not to try or attempt to inflate credits by robots or modification of
code or any other means;
- to display the advertisements in their original form at all time; and
- that My-India Ad NETWORK has the right to include ad impressions and
click-through from the Account when accounting for total My-India Ad NETWORK ad
impressions and click-throughs.
- Limitations. The Service is subject to the following limitations:
- Banner File Size. Files larger than 10 KB is not allowed, such files will be
deleted automatically without notice to User.
- CPU Resources. User acknowledges that the Service is provided on a shared
server and agrees not to engage in any activity that could overwhelm the server
with heavy CPU usage or that requires a disproportionate amount of the resources
of the MY-INDIA server, including without limitation, use of highly active
scripts for rich media advertisements.
- User shall not include banners, or internet links to content on the Site
that contain, promote or involve any of the following:
- any infringement of copyright, trademark, patent, trade secret or other
intellectual property right;
- nudity or pornography;
- content that exploits children under 18 years of age;
- hate propaganda;
- racist, threatening, or otherwise abusive content;
- the promotion or incitement of, or instruction for, the commission of
- mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent
- content promoted through the sending of unsolicited e-mail (also known as
- warez, cracks, hacks, spam software & their associated utilities;
- mpeg layer two or three files (MP2 or MP3);
- Idem. User agrees that My-India Ad NETWORK is not responsible for the
content on pages hosted on member sites and acknowledges that My-India Ad
NETWORK does not endorse or verify any such material.
- Idem. User agrees to assume full responsibility for all ad banners and rich
media content associated with the Account and acknowledges that User may be held
legally for the contents of the Account.
- Backup and Monitoring. User is solely responsible for creating backups of
any rich media content or ad banners associated with the Account and for
monitoring the Account.
- Notice to Officials. If My-India Ad NETWORK determines that law enforcement
officials should be notified regarding potentially illegal content in the
Account, User agrees that My-India Ad NETWORK may provide copies of Userís ad
banners or rich media content to the appropriate officials without notice to
user. My-India Ad NETWORK will cooperate with all law enforcement efforts to
locate persons who have posted ad banners or rich media content that is illegal
or promotes illegal conduct.
- Policies and Guidelines. User agrees to abide by all policies or guidelines,
together with any amendments thereto, set out, from time to time, by My-India Ad
NETWORK anywhere on the site www.my-india.net.
- Amendments. User agrees to be bound by any amendments to this Agreement that
are set out, from time to time, by My-India Ad NETWORK anywhere on the site
- No Representations or Warranties. The Service is offered on an "as
is" basis without any representations or warranties of any kind either
expressed or implied. For greater certainty and without limitation to the
generality of the foregoing:
- My-India Ad NETWORK makes no representations, warranties or guarantees of
any kind whether written or verbal regarding the reliability of the services or
your account provided or any other services offered;
- My-India Ad NETWORK is not responsible for any deletion, alteration, or loss
of data due to network or system outages, data corruption, accidental deletion,
or any other reasons;
- My-India Ad NETWORK makes no representations, warranties or guarantees with
regards to server reliability, speed or consistency;
- My-India Ad NETWORK makes no representations, warranties or guarantees as to
the accurateness or correctness of any content on any of the Sites or their
Account and is not responsible for any errors or omissions arising from the use
of such information;
- My-India Ad NETWORK may also link to or include on its web resources,
information provided by 3rd party partners, sponsors and providers, My-India Ad
NETWORK does not guarantee or warrant the reliability of this information nor
does My-India Ad NETWORK recommend any of these services;
- Limitation of Liability. My-India Ad NETWORK is not responsible for any
failures, delays, or interruptions in the delivery of any content or services
contained on the My-India Ad NETWORK server; or losses or damages arising from
the use of the content or services provided by My-India Ad NETWORK. For greater
certainty and without limitation to the generality of the foregoing:
(a) My-India Ad NETWORK liability to User for actual damages for any cause
whatsoever, regardless of the form of action will be limited to a maximum of the
fees paid by User to My-India Ad NETWORK, if any, for the prior advertisement
(b) in no event will My-India Ad NETWORK be liable to User for any indirect,
incidental, or consequential damages arising out of the Service or in connection
with the Account or any other services or products provided to User;
(c) My-India Ad NETWORK, its officers, directors, owners, agents and
employees, shall in no way be liable to User or anyone else for any loss or
injury resulting from use of the Service or the Account;
(d) in no event shall My-India Ad NETWORK be liable for any damages,
whatsoever, as a result of the notifying any official of potentially illegal
content in the Account, providing copies of Userís advertisement content to
the appropriate officials or cooperating with law enforcement efforts to locate
persons who have posted content that is illegal or promotes illegal conduct;
(e) In no event shall My-India Ad NETWORK be liable for any damages,
whatsoever, as a result of the termination of this Agreement pursuant to Article
- Indemnity. User agrees to indemnify and hold My-India Ad NETWORK harmless
from and against, and to reimburse My-India Ad NETWORK with respect to, any and
all losses, damages, liabilities, claims, judgments, settlements, fines, costs
and expenses (including reasonable related expenses, legal fees and costs of
investigation) or every nature whatsoever incurred by My-India Ad NETWORK by
reason of or arising out of or in connection with (i) any breach of this
Agreement by User; (ii) any infringement of any copyright, trade-mark, patent,
trade secret or any other intellectual propriety right of any party by content
in the Account or on the Site; or (iv) illegal, libelous, or defamatory content
in the Account or on the Site.
- Either of My-India Ad NETWORK or User may terminate this Agreement at any
time upon providing five business days prior notice to the other party.
- My-India Ad NETWORK may terminate this Agreement, discontinue the Service
and delete the Account at any time without notice to User in any of the
- User violates any term of this Agreement, any municipal, provincial, state
or federal laws or regulations, or any policy or guideline set out, from time to
time, by My-India Ad NETWORK anywhere on the site www.my-india.net;
- User engages in conduct that amounts to artificial inflation of credits by
modifying the code provided by My-India Ad NETWORK or employing other techniques
such as robots, frequent refreshing of web pages, artificial clicks on network
banners or any other means that My-India Ad NETWORK in its sole discretion
believes is harmful to other Users, the business of My-India Ad NETWORK or any
- User engages in conduct or posts material in the Account that My-India Ad
NETWORK in its sole discretion believes is harmful to other Users, the business
of My-India Ad NETWORK or any third-party;
- there is no activity such as hits or edits in the Account for 60 days;
- User deletes, modifies or interferes with the display of advertisements by
My-India Ad NETWORK on the User's Site;
- User engages in any activity that could overwhelm the server with heavy CPU
usage or that requires a disproportionate amount of the resources of the
My-India Ad NETWORK server;
- User disputes the terms of this Agreement or any amendment set out, from
time to time, by My-India Ad NETWORK anywhere on the site www.my-india.net
- My-India Ad NETWORK receives any complaints regarding User or the Site from
any other Users or third parties.
- Following termination of this Agreement, for any reason, User agrees not to
use the Service or the Site in any manner or for any reason.
- Consent to Breach Not Waiver. No term or provision of this Agreement is
deemed waived and no breach excused, unless the waiver or consent is in writing
and signed by the party claiming to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether expressed or implied,
does not constitute a consent to, waiver of, or excuse for, any other different
or subsequent breach.
- Governing Law. This Agreement is governed by and construed in accordance
with the applicable laws of the state of india and the federal laws of India
and is treated in all respects as a india contract.
- Severability. If any provision of this Agreement is held to be invalid,
illegal or unenforceable, all other provisions will nevertheless continue in
full force and effect.
- Entire Agreement. This Agreement, together with all policies, guidelines and
amendments set out, from time to time, by My-India Ad NETWORK anywhere on the
site www.my-india.net constitutes the entire agreement between the parties with
respect to the subject matter of the Agreement and supersedes all previous
negotiations, proposals, commitments, writings and understandings of any nature
whatsoever, whether oral or written.
- Survival. Any terms and conditions of this Agreement which by their nature
extend beyond the term or expiry of this Agreement shall survive the termination
or expiry of this Agreement. This includes, without limitation, Article 5 (No
Representations or Warranties), Article 6 (Limitation of Liability), Article 7
(Indemnity), and this Article 9 (General).
- Headings. The headings and captions used in this Agreement are inserted only
as a matter of convenience and for reference and in no way are to be construed
as defining, limiting, or describing the scope or intent of this Agreement.
- Remedies Cumulative. Unless otherwise set out in this Agreement the rights
and remedies granted to each party under this Agreement are cumulative and are
in addition to each party's rights provided by law or otherwise. Each party may
exercise its rights concurrently or separately and the exercise of one remedy is
not deemed an exclusive election of that remedy or preclude the exercise of any
- Counterparts or Electronic Acceptance. This Agreement may be executed in
counterparts, each of which is deemed to be an original and all of which
together are deemed to be one and the same instrument, or may be executed by
indicating assent through electronic means.