Koonji, Inc. (“Koonji”, "we," "us" and "our") provides solutions and services ("Services") to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of the TOS at any time at our site. If at any time you find these TOS unacceptable, you must immediately cease all use of the Services.

The TOS apply to all web sites and interactive services owned or operated by Koonji and to each visitor and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users").

• Service Changes and Discontinuation: Koonji reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that Koonji will not be liable to you if the service is discontinued.
• Service Limitations: You agree that our Services are provided "AS IS" and "AS AVAILABLE". Koonji will not be held responsible for any loss of service, data or personal settings that you make to our sites.
• No Resale of Services: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Koonji services, use of Koonji services, or access to Koonji services.
• No Endorsement of User Content: You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, e-mail, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; comments; blogs, data, images; audio or video files; and guides. You may only post content you own, have created or which you have clear permission to Post. You agree that Koonji does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You agree that Koonji, its staff and volunteers will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.

Please see our full privacy policy here. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

Koonji has set up the following guidelines to provide the best experience for its users.

• Provide Accurate Information: You agree to provide accurate information in any forms on our Services including any data submitted through a form.
• Keep your password guarded: Because Koonji cannot tell the identity of the person sitting behind the computer, please keep your password protected at all times. Koonji is not liable for damage done to your content should your account be tapped by another person.
• Obey the Law: You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
• Permitted Use of Content: The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by Koonji and/or its licensors. Koonji makes use of several open source libraries and technologies that are copyright to their individual holders.
• Limits on Use of the Services: You agree not to take part in the building of any scrapers or robots that seek to grab licensed content from the Services. You also agree not to impersonate any individuals or staff.
• Our Communities:

1. Community Conduct: Koonji provides a vast array of tools for individuals to publish content. You agree not to participate in any of the following to maintain the friendly environment at our Services. Koonji reserves the right to remove or destroy any accounts containing harmful language. This is at the sole discretion of Koonji and its staff.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Post files that contain material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
• Advertise or offer to sell any goods or services for any commercial purpose.
• Post surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Restrict or inhibit any other User from using and enjoying any public area of the Services.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
2. Monitoring: While Koonji does its best to moderate user content, all content should be considered live without such moderation.
3. Usage: Content or communications posted using the User Tools are generally public, unless marked otherwise, and others may read your communications without your knowledge or consent. Content provided through our user tools is done so at your own risk. Koonji is not responsible if your content is reproduced by other parties. Koonji does not control or endorse the content, messages or information found in any community and, therefore, Koonji and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools.

Your use of any Software provided by Koonji will be governed by this TOS and any additional terms and conditions of the end user license agreement accompanying such Software. Koonji may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

You agree that Koonji has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Services. You acknowledge that Koonji has set no fixed upper limit on the number of transmissions you may send or receive through the Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

By submitting any User Content through or to the Services, including on any User Tools or User Pages, you hereby irrevocably grant to Koonji, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed.

If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide Koonji with the following information. Contact details for Koonji is provided at the end of this document:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may discontinue your use of Koonji services at any time. You agree that Koonji may at any time and for any reason, including a period of account inactivity, terminate your access to the Services, terminate the TOS, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Services, your account or any files or other content contained in your account. 

Koonji services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Koonji on its Services are subject to change. You agree that Koonji shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Services.

Koonji services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Koonji has no control over such sites and resources, you acknowledge and agree that Koonji 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. You further acknowledge and agree that Koonji shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You agree to hold harmless and indemnify Koonji, 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 your use of the Services, violation of this TOS or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Koonji will provide you with written notice of such claim, suit or action.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF KOONJI SERVICES IS AT YOUR SOLE RISK. KOONJI SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOONJI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

KOONJI DOES NOT WARRANT THAT (i) KOONJI SERVICES WILL MEET YOUR REQUIREMENTS, (ii) KOONJI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KOONJI SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH KOONJI SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KOONJI SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOONJI OR THROUGH OR FROM KOONJI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Koonji may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided Koonji with your accurate email address.

Koonji's rights under the TOS may not be waived unless Koonji agrees to such change in writing. The TOS and your account on the Services are personal to you and may not be transferred or assigned. The TOS is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Alameda County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. Koonji's performance of the TOS is subject to existing laws and legal process, and nothing contained in the TOS is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Koonji with respect to such use. If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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 TOS shall continue in effect. The TOS, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and Koonji regarding the Services. A printed version of the Koonji TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the TOS shall be written in English.

Direct questions or notices to Koonji as follows:

Koonji, Inc.
Attn: Sudhir Jha
39210 State Street, Suite 107
Fremont, CA 94538

Email: koonji_inc@yahoo.com

Last Updated June 14, 2006

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