IndiaLD Terms Of Service

These Terms of Service (“Terms of Service” or “Agreement”) constitute the agreement between Hometown Telecom, BA Telecom, and their respective parent, subsidiaries and affiliated entities (collectively, “IndiaLD,” “we” or “us”) and the user (“you,” “your,” “user” or “Customer”) of IndiaLD’s communication services and any related products or services (including, but not limited to, monthly service plans and pay as you go plans) (collectively, the “Service”). It applies to all Service plans on each IndiaLD account. By subscribing to, enrolling in, activating or using the Service, you agree to all of the terms and conditions set forth in (a) this Agreement and (b) IndiaLD’s Privacy Policy, which is incorporated herein by reference.

1. MONEY BACK GUARANTEE

IndiaLD offers a money back guarantee on the first monthly Service plan you order (“First Service Plan”) if you terminate your First Service Plan within 30 days of the date of activation of your First Service Plan. The money back guarantee applies only to your First Service Plan and not to additional or secondary monthly Service plans. Under the terms of the money back guarantee, IndiaLD will refund the first monthly charge for your First Service Plan, provided that: (i) you cancel your First Service Plan within 30 days of the date of activation of your First Service Plan; (ii) you have not exceeded 50 minutes of in-plan usage on your First Service Plan; and (iii) you have not previously obtained a refund from IndiaLD under this money back guarantee in connection with any other IndiaLD Service.

We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice. Our money back guarantee will not be honored if the Customer fails to meet all of the above requirements. Our money back guarantee does not apply to calling cards.

2. SERVICE

2.1 Term

2.1.1 Monthly Service. IndiaLD offers monthly Service plans, for a term which begins on the date of your Service activation and ends one day earlier on the following month (for example, Service activated on May 15, 2012 will end on June 14, 2012). Subject to the terms of this Agreement, monthly Service plans automatically renew on a monthly basis without further action by the Customer (for example, if your Service term ends on June 14, 2012, it will be automatically renewed for another month on June 15, 2012). A Customer who wishes to cancel the renewal of a monthly Service plan must call or email IndiaLD to cancel the monthly Service plan before the end of your then-current monthly Service term. A Customer who wishes to terminate a monthly Service plan prior to the end of the then-current monthly term will be responsible for the full term’s charges, including without limitation, unbilled charges, plus a disconnect fee if applicable under the terms of this Agreement. All charges are immediately due, payable, and chargeable to your credit card. Expiration of the term or termination of a monthly Service plan does not excuse the Customer from paying all unpaid, accrued charges.

2.1.2 Pay As You Go Plan. IndiaLD also offers a pay as you go plan (the “Plan”) that does not include a monthly recharge. All amounts loaded onto the Plan expire after 90 days. In other words, the period during which monetary amounts may be used begins on the date such amounts are loaded onto the Plan and ends one day earlier on the third month thereafter (for example, $50.00 loaded onto a Plan on July 15, 2012 will expire on October 14, 2012). All amounts loaded onto a Plan are non-refundable, non-transferable and non-exchangeable.

2.2 Prohibition on Resale or Transfer of Service

You agree not to, and shall not, sell, resell or transfer the Service to any other person or entity for any purpose, or make any charge for the use of the Service, without prior express written permission from IndiaLD. You agree not to use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, telemarketing, fax broadcasting or fax blasting. If IndiaLD determines in its sole discretion that you have used the Service, and/or anyone else has used the Service under your account, for any activities or purposes prohibited by this section, or in any other manner prohibited by this Agreement, then, in addition to and without prejudicing or waiving any other rights or remedies to which it may be entitled, IndiaLD shall have the right to retroactively charge you $0.05 per minute for all U.S. and Canadian calls and $0.25 per minute for all other international calls made from your Service account from the date of activation of your Service account. Any payment made to IndiaLD pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages.

2.3 Prohibited Uses of Service; Providing Information to Third Parties

You may use the Service for lawful purposes only. The Service may not be used for any unlawful, fraudulent or improper purpose, including for example, using the Service in a way that: (1) interferes with our ability to provide Service to you or other customers; or (2) avoids your obligation to pay for the Service. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would: (1) constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law; or (2) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. IndiaLD reserves the right to terminate the Service immediately and without notice if IndiaLD, in its sole discretion, believes that you have violated the above restrictions. In such event, all outstanding charges, including without limitation unbilled charges, plus a disconnect fee, shall become immediately due, payable and chargeable to your credit card. IndiaLD may in its sole discretion, forward the objectionable material, as well as your communications and your personal information (including, without limitation, your name, telephone number, credit card information and other personal information) (“Personal Information”) to the appropriate authorities for investigation and prosecution, and you consent to IndiaLD’s forwarding of any such material, communications and Personal Information to these authorities. In addition, IndiaLD may disclose your Personal Information, as well as any communications sent or received by you, and any other materials or information we may have about your account (i) in response to law enforcement or other governmental agency requests, (ii) as required by law, regulation, rule, subpoena, search warrant or court order, (iii) as necessary to identify, contact or bring legal action against an individual or entity who may be misusing the Service, (iv) to protect IndiaLD’s rights or property, or (v) in emergency situations where the disclosure of such information is necessary to protect IndiaLD customers or third parties from imminent harm.

2.4 Use of Service by Customers Outside of the United States

IndiaLD allows use of the Service inside or outside of the United States. Use of the Service outside of the United States, however, is at the Customer’s sole risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country. You agree to comply fully with all relevant export laws and regulations of the U.S. (including, without limitation, the U.S. Export Administration Regulations). You also agree that you will not export, directly or indirectly, re-export or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by U.S. export controls.

2.5 Copyright / Trademark / Unauthorized Usage of Firmware or Software

The Service and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, and all other services, information, documents and materials, including promotional or Website language and all content on IndiaLD’s Website(s) are protected by trademark, copyright and/or other intellectual property laws and international treaty provisions and constitute private and/or confidential and/or the valued competitive business information of IndiaLD. All Websites, corporate names, service marks, trademarks, trade names, logos, domain names and content (collectively “Marks”) of IndiaLD are and shall remain the exclusive property of IndiaLD and nothing in this Agreement shall grant you the right or license to use such Marks. You may not modify, reverse-engineer, disassemble, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in electronic, mechanical or other means, or in any other manner publish, transmit, use, sell, exploit, and/or create new or derivative works from the content of IndiaLD’s Websites, its Marks, the Service or any other IndiaLD services.

2.6 Theft of Service

You agree to notify IndiaLD immediately, in writing or by calling the IndiaLD customer support line, if you become aware or reasonably suspect at any time that your Service has been stolen or is being used fraudulently or in an unauthorized manner. When you notify IndiaLD of one of these events, you must provide your account number and a detailed description of the circumstances of the fraudulent or unauthorized use or theft of your Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until you notify IndiaLD as described above, You will be liable for all use of your Service including all stolen Service or fraudulent or unauthorized use of your Service.

2.7 Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by IndiaLD. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.

2.8 Service Changes

IndiaLD may discontinue, change or suspend any aspect of its Website(s) and/or its Service features at any time without notice or liability.

2.9 No 900 Calls

The Service does not permit calls to 900 or 976 numbers.

2.10 No Operator Service

The Service does not support calls to operator services, including but not limited to calls to 911 or other emergency hotlines.

2.11 No Collect Calls

The Service does not support collect calls.

2.12 Directory Assistance

You agree that calls to Directory Assistance (1-XXX-555-1212) excluding toll-free Directory Assistance (1-8—555-1212) will incur a $0.79 per call charge.

2.13 Payphone Calls

Each call made from a payphone using the Service will be subject to a surcharge of $0.80.

3. DISCLAIMER OF WARRANTIES

YOU AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” INDIALD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA OR INFORMATION. ANY STATEMENTS OR DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY INDIALD OR ITS AGENTS ARE INFORMATIONAL ONLY AND DO NOT CONSTITUTE A WARRANTY OF ANY KIND.

4. LIMITATION OF LIABILITY

IN NO EVENT SHALL INDIALD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR VENDORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ANY OTHER DAMAGES OF ANY TYPE OR NATURE WHATSOEVER, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR OTHER EMERGENCY HOTLINES TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, AND/OR ANY OTHER MATTER RELATING TO THE SERVICE, THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. NOR SHALL INDIALD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR VENDORS BE LIABLE FOR ANY DEGRADATION OF VOICE QUALITY, UNAUTHORIZED ACCESS TO INDIALD’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION (INCLUDING, WITHOUT LIMITATION, CUSTOMER’S PERSONAL INFORMATION) THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF INDIALD’S NEGLIGENCE. IF, NOTWITHSTANDING THE ABOVE, INDIALD AND/OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR VENDORS IS/ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE SERVICE OR OTHERWISE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTY(IES) SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO INDIALD FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE DAMAGE. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT INDIALD WAS INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE INDIALD FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, INVALID OR UNENFORCEABLE, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST INDIALD TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.

5. INDEMNIFICATION / ACCOUNT INFORMATION

You agree to defend, indemnify and hold harmless IndiaLD, its officers, directors, employees, affiliates and agents, and any other service provider or vendor who furnishes services to you in connection with our Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees and disbursements) arising from or relating to your or a third party’s use of or inability to use the Service, including, without limitation, use of the service by you or others using your account (whether or not such usage is expressly authorized by you).
You are liable for any and all damages and liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or IndiaLD has reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the Service (or any portion thereof).

6. CHANGES TO THIS AGREEMENT

IndiaLD may change the terms and conditions of this Agreement from time to time. Each amended version of this Agreement shall supersede and replace the immediately preceding version of this Agreement. If you continue to be enrolled in, pay for, use, or otherwise access the Service after any changes in or to the pricing, charges and/or terms of this Agreement, you agree to such changes. Any such changes will be deemed made and effective on the date posted on the IndiaLD website at www.indiald.com.

7. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

7.1 Billing

You must give us a valid credit card number prior to Service activation. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced due to loss or theft or for any other reason, you must immediately advise IndiaLD of the change in your credit card or billing information. In the case of monthly Service plans, we will bill all charges monthly to your credit card, including but not limited to: monthly Service fees, deposits, applicable taxes, international usage charges, other service fees, etc. IndiaLD reserves the right to bill at more frequent intervals if the amount due at any time exceeds $25.00.

7.2 Billing Disputes

You must notify IndiaLD in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from any account you may have with us if you dispute any IndiaLD charges on that statement or that have been debited from your IndiaLD Master Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following email address: Billing@indiald.com

7.3 Payment

IndiaLD only accepts payments by credit card. Your initial use of the Service authorizes IndiaLD to charge all amounts due IndiaLD, as stated in this Agreement or otherwise listed on indiald.com or imposed by law for the Service, on the credit card account number on file with IndiaLD, or on any other credit card provided by Customer if the original card expires or is replaced. This authorization will remain valid until 30 days after IndiaLD receives your written notice terminating IndiaLD’s authority to charge your credit card. IndiaLD may terminate your Service at any time, in its sole discretion, if any charge to your credit card on file with IndiaLD is declined or reversed, if your credit card expires and you have not provided IndiaLD with a new valid and approved credit card, or in case of any other non-payment of account charges. Termination of Service for a declined or expired credit card, reversed charges or non-payment leaves you fully liable to IndiaLD for all charges accrued before termination and for costs incurred by IndiaLD to collect all monies owed by Customer. IndiaLD may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of IndiaLD’s receipt of any invoice for the payment of additional fees and charges imposed by law.

7.4 Termination/Discontinuance of Service

IndiaLD reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If IndiaLD discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated or suspended for any stated reason, including without limitation violation of any terms of this Agreement or because of any improper use of our Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of IndiaLD or of a third party provider to which IndiaLD is subject), you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.

7.5 Collection.

You will be liable to IndiaLD for any costs incurred by IndiaLD in its efforts to collect charges owed by you to IndiaLD for the Service or otherwise, including, but not limited to, collection agency fees, reasonable attorneys’ fees and disbursements, and arbitration or court costs.

7.6 Reactivation/Continuance of Service

You will not receive a credit or refund for any period during which the Service was suspended or limited due to your violation of this Agreement or improper use of the Service.

7.7 Terms and Conditions for Credit Card Chargeback

Chargebacks through your credit card company are not considered a method of refunding. If you have any issues whatsoever with the Service or charges reflected on your credit card statement you MUST contact IndiaLD and do all that is possible to resolve this directly with IndiaLD. It is further understood by you through this Agreement with IndiaLD that IndiaLD has every intention and the resources to resolve your issues in the fairest way possible while abiding by this Agreement. IndiaLD requires five (5) business days to resolve any issues and it may take an additional five (5) business days for any issued credits to appear on the Customer’s credit card statement, if credits are issued. Customers who prematurely issue chargebacks prior to notifying IndiaLD, or do not wait five (5) business days for resolution, are responsible for administration fees of $25.00 per chargeback.

7.8 Recovery Fee

Customer is responsible for, and shall pay, any “Recovery Fee” charged to Customer by IndiaLD in connection with Customer’s Service account. All applicable Recovery Fees will be included as separate line items on Customer’s Service account charges, (a) at the time Customer orders the Service and (b) each time there are any further charges to Customer’s Service account. Each Recovery Fee may include, but is not necessarily limited to, (i) applicable international, federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription to, use of, or payment for the Service, (ii) a portion of IndiaLD’s contribution to the Universal Service Fund, and (iii) a portion of the amounts required to be paid by IndiaLD in connection with the administration and fulfillment of its federal, state, local and other regulatory obligations and requirements. Payment of each Recovery Fee is in addition to payment for the Service and will be billed to your credit card. If Customer is exempt from payment of any taxes described in (i) above, it will provide IndiaLD with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date IndiaLD receives such certificate.

8. CONTENT

You are liable for any and all liability that may arise out of the content transmitted by or to you or any other User using the Service under your account. You shall assure that your or such other Users’ use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. IndiaLD reserves the right to terminate or suspend your Service account, and/or remove your or such other Users’ content from the Service, if IndiaLD determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with IndiaLD’s ability to provide Service to you or others or receives notice from anyone that your or such other Users’ use or content may violate any applicable laws or regulations. IndiaLD’s actions or inaction under this Section shall not constitute review or approval of your or such other Users’ use or content. You will indemnify and hold harmless IndiaLD against any and all liability arising from the content transmitted by or to you or any other User using the Service under your account. For purposes of this paragraph, a “User” means any person, whether authorized or unauthorized, using the Service under your account.

9. RESOLUTION OF DISPUTES BY BINDING ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED.

9.1 Mandatory Binding Arbitration

Subject to Section 9.2 below, all disputes between you and IndiaLD and/or its officers, directors, employees, agents and affiliates must be resolved by final and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of the relationship between you and IndiaLD, whether based in statute, fraud, tort, contract, misrepresentation or any other legal theory, (ii) disputes and claims that arose before this or any prior agreement, and (iii) disputes and claims concerning the scope of this arbitration provision. The arbitration will be conducted by one arbitrator using the procedures described in this Section. The arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”), and shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

9.2 Arbitration Information and Filing Procedure

Before you take a dispute to arbitration, you must first write to us at:

IndiaLD

IndiaLD
2215-B Renaissance Drive
Las Vegas, NV 89119

and give us an opportunity to resolve the dispute. Similarly, before IndiaLD takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or IndiaLD is notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available on the Internet at www.adr.org, or by contacting us at billing@indiald.com. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Los Angeles, CA. Arbitrations under this Agreement shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations.

9.3 Time for Filing Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.

9.4 Waiver of Jury Trial

You and IndiaLD agree that, by entering into this Agreement, you and IndiaLD are waiving the right to a trial by jury.

9.5 Waiver of Class Actions

You and IndiaLD agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and IndiaLD agree that you and IndiaLD may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

10. GOVERNING LAW

This Agreement and the relationship between you and IndiaLD shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

11. ENTIRE AGREEMENT

This Agreement and any modifications to it pursuant to the terms hereunder (which may occur at any time and without notice), and the rates for the Service found on IndiaLD’s website, constitute the entire agreement between you and IndiaLD and govern your use of the Service, superseding any prior or contemporaneous agreements between you and IndiaLD and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

12. SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

13. LEGAL AGE

You covenant that you are of legal age to enter into this Agreement and that you have read and fully understand its terms and conditions.

14. PRIVACY

The IndiaLD Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that IndiaLD cannot and does not guarantee that voice over IP communication is secure. You agree that IndiaLD may access all features of your account and the Service at any time without notice to determine whether the Service is being used fraudulently and/or in violation of this Agreement, and for any other purposes. YOU AGREE THAT INDIALD SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY. Please refer to our Privacy Policy at www.indiald.com for additional information.

15. ASSIGNMENT

IndiaLD may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service without our prior written agreement.

16. NO THIRD PARTY RIGHTS

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

17. NO WAIVER OF RIGHTS

IndiaLD’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision on any occasion.

18. SURVIVAL

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement and/or your use of the Service shall survive and continue to bind the parties. Without limiting the generality of the foregoing, the parties expressly agree that all provisions relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall so survive.

Last Updated: June 11, 2012