The Num TV Web site is designed to provide Internet Broadcasting services to persons with an Internet connection. The Num TV Web site is offered to you conditioned on their acceptance without modification of the terms, conditions and notices contained herein. Your use of the Num TV Web site constitutes your agreement to all such terms, conditions and notices. Your use of a particular service included within the Num TV Web site may also be subject to additional terms outlined elsewhere in this agreement. PentaMedia reserves the right to change the terms, conditions and notices under which the Num TV Web Site is offered including but not limited to charges associated with the use of the Num TV Web Site with or without notice to you. You are responsible for regularly reviewing these terms and conditions. You can always find the current Subscription Fees and charges posted in the Subscription Details section, under Subscription information. You agree to pay or have paid all fees and charges incurred in connection with your user name and password for PentaMedia (including any applicable taxes) at the rates in effect when the charges were incurred. Refund of all fees and charges will be effected as described below. The rates considered will be the one at which the users subscribed. For DIALUP Account users ------------------------ 1. No refund for the monthly subscription accounts 2. For Quarterly subscription accounts, the refunds will be allowed in the first month of subscribed period after deducting the subscription for the completed month (a part of month will be treated as full month) on the monthly subscription basis. There will be no refund for the cancellations after the first month. 3. For Half-yearly subscription accounts, the refund will be allowed in the first two months of subscribed period after deducting the subscription for the completed months (a part of month will be treated as full month) on the monthly subscription basis. There will be no refund for the cancellations after the second month. For BROADBAND Account users --------------------------- 1. No refund for the monthly subscription accounts 2. For Quarterly subscription accounts, the refunds will be allowed in the first month of subscribed period after deducting the subscription for the completed month (a part of month will be treated as full month) on the monthly subscription basis. There will be no refund for the cancellations after the first month. 3. For Half-yearly subscription accounts, the refund will be allowed in the first two months of subscribed period after deducting the subscription for the completed months (a part of month will be treated as full month) on the monthly subscription basis. There will be no refund for the cancellations after the second month. PentaMedia may change the fees and charges then in effect, or add new fees or charges by giving you notice in advance or by posting the changed fees or charges under the section Subscription Details. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name and password will be billed to the credit card you designate during the registration process. You and not PentaMedia are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you. PentaMedia provides the services under its web site on an "as-is" basis and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication or personalized settings. The Num TV Web site may also contain links to other web sites which are not under the control of PentaMedia and PentaMedia is not responsible for the contents of any such web sites including without limitation any link contained in such web sites. PentaMedia is providing these links to you only as a convenience and the inclusion of any link does not imply an endorsement by PentaMedia of the site or any association with its operators. As a condition of your use of the web site, you agree to provide (a) a true, accurate current and complete information about yourself as prompted by the registration forms (b) maintain and promptly update the above information to keep it true, accurate, current and complete (c) you will not use the Num TV web site for any purpose that is unlawful or prohibited by these terms, conditions and notices (d) you may not use the Num TV web site in any manner which could damage, disable over - burden or impair the Num TV web site or interfere with any other users use or enjoyment of the Num TV web site. (e) you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for in the Num TV web site. If PentaMedia has reasonable grounds to suspect that any of the above has not been complied with, PentaMedia has the right to suspend or terminate your account with out any refund and refuse any and all current or future use of the web site or any portion thereof. PentaMedia is also concerned with the safety and privacy of all its users, particularly the children. As the web site is designed to appeal to a broader audience, as a legal guardian it is your responsibility to determine whether any of the web sites and their content is appropriate for your children. The Num TV web site may contain bulletin board services, chat areas, user groups, forums, communities, personal web pages, and other communication facilities to enable you to communicate with the public at large or with a group (collectively communication tools). You agree to use the communication tools only to post , send and receive messages and materials that are proper and related to a particular communication tool. You must understand that the content of all information whether publicly posted or privately transmitted is the sole responsibility of the person from whom such content originated. You are therefore entirely responsible for all the contents that you upload, post, e-mail, or otherwise transmit the web site. PentaMedia does not control the content of the posting. Nor does it guarantee the accuracy, integrity or quality of such content. By using the web site, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will PentaMedia liable in any way for any content including but not limited to any errors or omissions in any content or for any loss or damage of any kind incurred, as a result of the use of any content posted, e-mail or otherwise transmitted using the Web Site. You agree not to use the web site to i. defame, abuse, harass, stalk, Spam, threaten or otherwise violate the legal rights (such as rights of publicity or privacy) of others. ii. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary contents. iii. Harm minors in any way. iv. Impersonate any person or entity or otherwise mis represent your affiliation with a person or entity. v. Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interact, destroy or limit the functionality of any computer software/hardware or tele-communication equipment. vi. Upload, post, e-mail, or transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, chain letters or any other form of solicitation except in those areas that are designated for such purpose. vii. Harvest or otherwise collect information about others including e-mail addresses without their consent. viii. Upload, post, e - mail or otherwise transmit any pornographic or obscene material that tend to deprave or corrupt users who read, see or hear the matter contained a embedded unit. ix. Down load any file posted by another user that you know or reasonably should know cannot be legally distributed in such manner. x. Violate any applicable laws or regulations. You understand and agree that all information, software, music, sound, photographs, graphics, video or any other material or communications are the sole responsibility of the person from whom such content originated and not PentaMedia. PentaMedia does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will PentaMedia be liable for any of the content, including but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any content posted, e-mailed or otherwise transmitted via the service. PentaMedia does not monitor the content of the web site but reserves the right to review any material posted on the web site and to remove any material in their sole discretion that is objectionable or otherwise violates the terms and service. PentaMedia also reserves the right to terminate your access to any or all of the communication tools at any time without notice to you for any reason what so ever. PentaMedia reserves the right at all times to disclose any information that is necessary to satisfy any applicable law, regulation, legal process or Governmental request or to edit, refuse post or remove any information in whole or in part in its sole discretion. You agree to bear all risks associated with the use of any content and acknowledge that you may not rely on any content created by PentaMedia or submitted to PentaMedia in any part of the web site. PentaMedia does not control or endorse the content and therefore specifically disclaims any liability with regard to the content. You acknowledge and agree that PentaMedia may preserve content and may disclose the same if required to do so by law or in good faith belief that such disclosure or preservation is necessary to (a) comply with legal process, (b) enforce the user agreement, (c) respond to claims that the contents violate the rights of 3rd parties or (d) protect the rights, property of personal safety of PentaMedia, its users and the public. You agree to comply with all local rules regarding online conduct and acceptable content. With respect to all content you elect a post to the publicly accessible areas of the web site, you agree to grant PentaMedia, a royalty free, perpetual, irrevocable, non exclusive and fully sub-licensable right and license to use, reproduce, modify, adopt, translate, create derivative works from, distribute, perform and display such content world wide and incorporate in other words in any form, media, technology now known or later developed. You agree to indemnify and hold PentaMedia and its officers, agents, affiliates or partners and employees harmless from any claim or demand including reasonable attorney's fees made by any third party from any liability arising out of any content submitted, posted or transmitted by you through the web site, your use of the web site, your connection to web site, your violation of the user agreement or your violation of any rights of another. You acknowledge that all material on this site, including, but not limited to, editorial content, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, patents or other proprietary rights which are owned and controlled by either PentaMedia or by other parties that have licensed their material to PentaMedia, including other users. No material from Num TV may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. All claims of copyright infringement should be in writing and should be directed to PentaMedia's designated agent at the following address, facsimile number or electronic mail address as given in privacy policy. Claims of copyright infringement should include the following: 1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of a copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single claim, a representative list of such works a t that site; 3. Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PentaMedia to locate the material; 4. Information reasonably sufficient to permit PentaMedia to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of material in the manner complained if is not authorised by the copyright owner, its agent, or the law; 6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that PentaMedia may establish general practices and limits, concerning the use of the web site including without limitation, the maximum number of days that e-mail messages, bulletin board postings or other uploaded content will be retained by the web site, the maximum number of e-mail message that may be sent from or received by an account from the web site, the maximum size of any e-mail messages that may be sent from or received by an account of the web site, the maximum disk space that will be allotted on e-mail server on your behalf. You agree that PentaMedia is not responsible or liable for the deletion or failure to store any messages or other communication or content maintained or transmitted through the web site. You acknowledge that PentaMedia reserves the right to log off accounts that is inactive for an extended period of time. You further acknowledge that PentaMedia reserves the right to change these general practices or limits at any time in its sole discretion with or without notice. PentaMedia reserves the right at any time and from time to time to modify or discontinue temporarily or permanently the Num TV web site with or without notice. You agree that PentaMedia shall not be liable to you or to any third party for any modifications, suspension or discontinuation of service. You agree that PentaMedia in its sole discretion may terminate your password account, of the use of the web site and remove and discontinue any content within the web site for any reason including for lack of use or if you have violated or acted inconsistently with the terms of the user agreement. You agree that any termination to your access as to service may be affected without prior notice and that PentaMedia shall not be liable to you or any 3rd party for any termination of the access as to service. Your correspondence or business dealings with or participation in promotions of advertisers found on the web site including payment and delivery of related goods or services and any conditions, warranties or representations associated with such dealing are solely between you and such advertiser. You agree that PentaMedia will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealing or as a result of the presence or participation of such advertisers on the web sites. You acknowledge that the web site may provide links to other web sites. As PentaMedia has no control over such web sites, it shall not be responsible or liable for any content, advertising products or material available on such web sites and for any loss or damage caused or alleged to be caused in connection with the use of or reliance on any content or goods or services on the web sites. You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. PentaMedia expressly disclaims 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. b. PentaMedia makes no warranty that i.) The service will meet your 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, iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. No advice or information, whether oral or written, obtained by you from PentaMedia or through or from the service shall create any warranty not expressly stated in the user agreement. You expressly understand and agree that PentaMedia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if PentaMedia has been advised of the possibility of such damages), resulting from: i) the use or the inability to use the service; ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, iii) unauthorized access to or alteration of your transmissions or data, iv) statements or conduct of any 3rd party on the service; or v) any other matter relating to the service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. You agree to indemnify and hold PentaMedia, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, cause of action, or demand, including all attorney's fees, made by any third party due to or arising out of any content you submit, post or transmit through the service; your use of the service; your connection to the service, your violation of or failure to adhere to the terms of service; your status as a Num TV user or visitor or your interaction with any third party on the Internet or the World Wide Web. This site is controlled and operated by PentaMedia from its offices within the State of num-tamil Nadu, India. PentaMedia makes no representation that the material in the site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The laws of the Republic of India govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Chennai, India in all disputes arising out of or relating to the use of the Num TV web site. Use of the PentaMedia web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PentaMedia as a result of this agreement or use of the PentaMedia web sites. PentaMedia's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PentaMedia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PentaMedia web sites or information provided to or gathered by PentaMedia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PentaMedia with respect to the Num TV Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PentaMedia with respect to the PentaMedia web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.