SREST SITES USAGE TERMS

Modification Date: September 1st, 2008

1.0 ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”), products and services. This Agreement constitutes agreement between Srest and you and, as applicable any insertion orders and service agreements and product terms executed by you and Srest whether online or via email or physical sign or fax. We will inform you which terms are applicable to you and in which order. You are required to verify that you can see those agreement online via link provided by us. The terms of this Agreement shall apply to all products or programs provided by Srest unless a agreement excluding these terms are made. The terms and conditions of any Order Form shall control over any conflicting terms and conditions contained in this Agreement.

For complete list of definitions see "Definition"

This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to ordering any product or customization from Srest.

2.0 GENERAL

All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of the particular situation.

3.0 SERVICE MARKS

"SRest","Srest.biz", "SecuredTimesheet", "Genuinepics", "SecuredGreeting", "SecureDir", "Ticket2Jobs", "Secured Web" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4.0 LINKING TO THE SITE

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

5.0 ERRORS, CORRECTIONS AND CHANGES

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

6.0 NON TRANSFERABLE

Your right to use the Site, products, services are not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

7.0 UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

8.0 THIRD PARTY CONTENT

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

9.0 LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein

10.0 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A.   YOU EXPRESSLY AGREE THAT ENTERING OR USING OF SREST SITES OR IT PRODUCTS OR ITS SERVICES IS AT YOUR OWN RISK. THE SERVICE, PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SREST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSOR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B.  SREST MAKES NO WARRANTY THAT SREST  SITES, PRODUCTS OR SERVICE WILL MEET YOUR REQUIREMENTS, OR  THAT SREST SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;

C..  SREST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSOR MAKE NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

D.  ANY MATERIAL DOWNLOADED OR OTHERWISE  OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN  DISCRETION AND RISK, AND 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. SREST DOES NOT WARRANT OR GUARANTEE: (A) THAT ANY INFORMATION AVAILABLE ON OR THROUGH SREST SITES OR THE TOOLS OR PRODUCTS WILL BE FREE OF INFECTION BY VIRUSES, WORMS,TROJAN  HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE;PROPERTIES;

E.  A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

11.0 LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SREST  AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS AND LICENSORS  SHALL NOT BE LIABLE TO YOU 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 SREST! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) BUSINESS INTERRUPTION
(iii) LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS OR GOODWILL OR LOSS OF USE OF FACILITIES OR EQUIPMENT
(iv) 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;
(v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(vii) ANY OTHER MATTER RELATING TO THE SERVICE.

12.0 INDEMNIFICATION

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively,” Affiliated Parties”) harmless from any liability, loss, claim and expenses related to your violation of the Agreement

13.0 NO WAIVER

Srest Information technology failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Srest Information technology's right to subsequently enforce such provision or any other provisions under this Agreement.

14.0 SEVERABILITY

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

15.0 SURVIVAL

All provisions in this agreement which by their nature extend beyond the termination of any sale or license of Products or Support or Services for examples terms relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

16.0 GOVERNING LAW AND CONSENT TO JURISDICTION

The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of India without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods.
All of our rights, duties, and obligations are subject to the courts of Mumbai, Maharashtra, India.

17.0 NON DISCLOSURE

Each party may have access to information that is confidential to the other party ("Confidential Information"). Srest's Confidential Information shall include, but not be limited to, the Programs, Documentation, formulas, methods, know how, processes, designs, new products, developmental work, marketing requirements, marketing plans, customer names, prospective customer names, the terms and pricing under this Agreement, and all information clearly identified in writing at the time of disclosure as confidential.

Customer's Confidential Information shall include but not be limited to, its software programs, formulas, methods, know-how, processes, designs, new products, developmental work, marketing requirements, marketing plans, customer names, prospective customer names, and all information
clearly identified in writing at the time of disclosure as confidential.

Confidential Information includes all information received from third parties that either party is obligated to treat as confidential and oral
information that is identified by either party as confidential.

A party's Confidential Information shall not include information that 
(i) is or becomes a part of the public domain through no act or omission of the other party;
(ii) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; 
(iii) is lawfully disclosed to the other party by a third party without restriction on disclosure;
(iv) is independently developed by the other party without use of or reference to the other party's Confidential Information,
(v) is required to be disclosed by law or valid order of a court or other governmental authority.

The parties agree, unless required by law, not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than in the performance of this Agreement. Customer shall not disclose the results of any performance tests of the Programs to any third party without Srest's prior written approval. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of this Agreement. The parties agree to hold each other's Confidential Information in confidence during the term of this Agreement or even under termination of this agreement.