1.Using P2P Software Safely
1.1.Content on the P2P Network
The mBit program enables access to the P2P filesharing network. The mBit filesharing network is referred to as the "P2P network". The mBit filesharing network is comprised of the mobiles of its many users. mBit cannot and does not review the material in the mBit network. As such, mBit cannot control what content may exist in the mBit network and can only attempt to filter out certain illegal or objectionable content as requested by you via email at our support. It is your responsibility to use the program in a responsible, safe and legal manner.

mBit has a zero tolerance policy for content that exploits children. To report an mBit user in violation of this policy, contact us at contact@mbit.co.in

1.2.Copyright Infringement
Copyright laws and laws pertaining to patents and inventions protect original works of authorship and inventions. Individuals, who reproduce, distribute copies, receive copies, publicly perform or display works or inventions other than their own and without the consent of the owners or holders of rights, or their authorized agents, in original works of authorship or inventions, may be in violation of copyright, patent or other intellectual property laws. mBit Infotech Pvt. Ltd. does not encourage or condone the illegal copying, distribution or sharing of copyrighted material. This is not intended to be legal counsel or advice and should not be taken as such. If you have any questions, consult an attorney.

1.3.Sharing Safely
We at mBit understand that user safety is paramount, and we strive to offer industryleading security to our users. Our newest version, mBit 1.0.9 does not share any file of any type without explicit permission from the user.

mBit 1.0.9 allows the user to clearly see what is in his or her library, as well as what is shared and with whom (choices: no one, friends, or the P2P network).

Our software allows you to configure your sharing settings to ensure that you share only what you wish to share with others. Below are some tips that will help you use our software safely:

Once a folder is removed from the mBit library, no files in that folder are available for sharing. Please ensure that any folder on your computer that contains personal information is not included in your mBit library.

1.4.Adult Content
If you're a parent, ask your children whether they've downloaded filesharing software, and if they've exchanged games, videos, music, or other material. Talk to your kids about the security and other risks involved with filesharing and how to install the software correctly, if they're going to use P2P filesharing at all. If you're a teen interested in filesharing, talk with your parents before downloading software or exchanging files.

1.5.Viruses
Before you use any filesharing program, get a security program that includes antivirus and antispyware protection from a vendor you know and trust and make sure that your operating system is up to date. Set your security software and operating system to be updated regularly. Make sure your security software and firewall are running whenever your mobile is connected to the Internet. Delete any software the security program detects that you don't want on your mobile. And before you open or play any downloaded files, scan them with your security software to detect malware or viruses.

2.Copyright Information
2.1.mBit Users
The program distributed by mBit, is legal software, but like many legal things, it is possible to use it in illegal ways. Specifically, it is illegal for you to use mBit to share, distribute or download (all of which we call sharing) copyrighted files without permission, or to share unlawful pornographic materials. In addition, it may be unlawful to share certain other files that are protected, proprietary, personal or confidential or contain protected, proprietary, personal or confidential information. The mBit program is distributed and licensed for use only in an authorized and lawful manner and not to share files which the copyright owner has not permitted to be shared. Your use of mBit does not constitute a license in or to share unauthorized or unlawful materials. Your download and use of the mBit software from www.mbit.co.in is per a license granted you by mBit. Your license to use the mBit program is expressly conditioned upon your agreement to not knowingly use the mBit program to share files that are protected by copyright from sharing over P2P networks. Use of the mBit program constitutes your acceptance of and agreement with all of the terms of the license.

NOTE: The mBit program enables access to the mBit 1.0.9 peertopeer filesharing network. The mBit filesharing network is referred to in the mBit program as "P2P network". The P2P Network is comprised of the mobiles of its many users. mBit Infotech cannot and does not review the material in the P2P Network. Because of this, mBit is not responsible for the content that is shared using the mBit program nor any damage it may cause.

2.2.Sharing Files
Like all P2P file sharing programs, everything you share with the P2P Network (the mBit program refers to the mBit 1.0.9 peertopeer network as the "P2P Network") becomes public and given sufficient resources, is trackable. To use mBit legally, you must have the permission of the owner of the copyright rights in the file for each file in your mBit shared Library. Most popular files (audio, video, photographs, documents) are copyright protected and not authorized for sharing, distribution and/or downloading without further additional express authorization from the copyright owner. This is usually the case even if you purchased the content initially. Please seek legal counsel if you are unsure whether or not a file is authorized for sharing, distributing and/or downloading over the P2P Networks. In addition, here are some resources that may be helpful in determining whether or not you may be permitted to share a particular file.

2.3.Downloading Files From mBit
Be careful when downloading files from other users as downloading a file from a user who is in violation of the law could you make you in violation of the law as well.

2.4.What Happens If I Commit Copyright Infringement?
Your activities on peertopeer networks such as mBit may be monitored by copyright owners. Violation of copyright laws may subject one to substantial money damages. Copyright owners have sued thousands of people for infringement of copyright over peertopeer networks.

2.5.Counter Notifications
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If you receive notice that the material you have posted has been removed or access to it disabled, you are entitled to submit to mBit a Counter Notification indicating that the material has been wrongly removed and requesting the material be replaced or access to it enabled. Be aware that the submission of a Counter Notification may result in a legal proceeding against you by the original complaining party concerning infringement of the material. To submit a Counter Notification, please provide the information requested below via postal mail, email or fax to:

mBit Infotech Pvt. Ltd.,
F1 & F2 Pankaj Plaza,
New Rajdhani Enclave,
Vikas Marg, Preet Vihar,
New Delhi110092

• Your name, address and telephone number; and

• Identification of the material that has been removed or to which access has been disable and the location at which the material appeared (the specific url) before it was removed or access to it was disabled; and

• A statement that you consent to the jurisdiction of the District Court for the judicial district in which you are located, or, if you are located outside India , for any judicial district in which mBit is located AND that you will accept service of process from the person who originally provided notification of infringement; and

• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

• Your signature.

Upon receipt of the Counter Notification, mBit will provide the original complaining party with a copy of the Counter Notification and inform that person that if within 14 days mBit does not receive notice from the original complaining party that they have filed an action seeking a court order restraining posting of the material, mBit will replace the material or cease disabling access to it.

3. Privacy Policy
mBit Infotech Pvt. Ltd. ("mBit") is the author and distributor of the mBit filesharing software available at www.mbit.co.in (the "Program"). This privacy statement comprises the privacy policy ("Privacy Policy") of mBit applicable to the information you provide to us or that we collect on the mBit Websites, through mBit Customer Support or through your purchases of, interactions with, or use of the Program (your "User Information"). As described further below, User Information may include information that identifies you personally ("PersonallyIdentifiable Information"). This Privacy Policy describes how we collect, use and handle User Information, including PersonallyIdentifiable Information.
Your right to privacy and data security is a primary concern to us, and that’s why we strive to ensure that every user experience is safe and secure. By visiting www.mbit.co.in or installing the Program, you are accepting the terms set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not visit the mbit Website or download and install the Program.

3.1.The User Information We Collect and How We Use It
Your User Information helps us personalize and continually improve your user experience. Depending on how you use the mBit Website, the Program or other mbit products and services, we may collect the following User Information from you:

Information You Give Us: We receive and store any PersonallyIdentifiable Information you give us in any way, for example, by telephone or email, or when you register on mBit Program or other products, or communicate with customer service or support. Such PersonallyIdentifiable Information may include, for example, your name, address, phone numbers, credit card information, stated reason for requesting Customer or Technical Support, or the contents of any electronic communications. We use the information you provide for such purposes as responding to your requests, customizing your user experience, improving the Program, and communicating with you, but it may also be used to analyze trends, administer the site, track user problems and contribute to the gathering of broad demographic information for anonymous aggregate use.

Information We Collect: We receive and store certain types of User Information whenever you interact with the mBit Websites, the Program or other mBit products and services, for example, information about your computer’s connection to the Internet, the mBit peertopeer network, and other users of the mBit peertopeer network; mobile and connection information such as browser or Program type, version, and time zone setting, browser plugin types and versions, operating system, and platform; information about your visits to, interactions with or use of the mBit Websites, the Program or other products and services, for example the frequency and manner in which you use the Program or products as well as Program or product performance and operations, and your responses to the offerings and advertisements presented to you. We will only use this data (i) on an aggregated basis with that of other users for general business purposes, such as: site analysis and ad sales; operating and improving the mBit Websites, the Program or other products and services (for example, fighting spam and improving the functionality of the Program); identifying or remediating possible threats to your safety, security, privacy, or to your mobile’s security, and (ii) in combination with data we collect or that you give us relative to your use of the mBit Websites, the Program or other products and services, in order to help us personalize your own experience with the mBit Websites, the Program or other products and services, and for other servicerelated purposes. Users should be aware that whenever they use the Internet both static and dynamic IP addresses can be mapped back to users on most ISPs based on the user’s login time and recorded information.

Search Queries: As with all programs that connect you to public peertopeer based networks ("P2P Network(s)"), it is possible for your search queries (i.e., the word or phrase that you search for) to be viewed or "listened" to by other users accessing the P2P Network. This is true of all programs that enable access to P2P Networks. When you input a search query into the Program, mBit may in certain instances listen to or collect this search query.

GUID: A Globally Unique Identifier (GUID) is an alphanumeric identifier used to indicate a unique installation of a product, and is found in many popular software applications such as web browsers and media players. mBit uses GUIDs for aggregate statistical analysis and to personalize its products and services.

Instant Messaging: mBit does not read your private online communications when you use communications tools in the Program. Please remember, however, that if you use these tools to disclose information about yourself publicly (for example, in public chat forums or online message boards on or connected to our web sites), other online users may obtain access to any information you provide. Use of thirdparty Instant Messaging services, platforms or applications (such as Gmail™) is subject to the terms and policies of the thirdparty service provider. mBit is not responsible for the privacy practices of such thirdparties.

3.2.Does mBit Share the Information It Collects?
mBit does not sell or rent to others, share with others or otherwise disclose to others User Information except as set forth herein. We may share User Information with subsidiaries or affiliates under common ownership or control with mBit Infotech Pvt. Ltd. and that are subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. We may, at our election and without further notice to you, share the User Information we collect with our partners and advertisers. In such cases, the information will be presented in an anonymous manner that is not linked to any PersonallyIdentifiable Information that can identify any individual person. Additionally mBit may share information as follows:

Business Transfers: In the event that ownership of mBit was to change for any reason, your User Information may be transferred.

Protection of mBit and Others: We release account and other User Information when we believe its release is appropriate to comply with or assist law enforcement or legal process; enforce or apply our End User License Agreement and other agreements; or protect the rights, property, or safety of mBit, our users, or others. This does not include selling, renting, sharing, or otherwise disclosing User Information for commercial purposes in violation of the commitments set forth in this Privacy Policy.
With Your Consent: Other than as set out above, you will receive notice when your PersonallyIdentifiable Information might go to third parties, and we will provide notice about the choices you have to decline to permit such a transfer.

3.3.How Secure is Information About You?
To help protect PersonallyIdentifiable Information in mBit’s possession, we use a variety of appropriate safeguards, including:

• Technical, administrative, and physical controls.
• Authorization systems.
• Agreements with contractors and vendors requiring them to protect the confidentiality, safety, and security of your user information.

mBit has established these safeguards to help prevent unauthorized access to or misuse of your User Information, but cannot guarantee that your User Information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of mBit and its affiliates).

3.4.Links
The mBit Websites and the Program may include thirdparty advertising or contain and generate links to other sites and IP addresses. We do not provide any PersonallyIdentifiable Information to these advertisers or thirdparty websites.
Please be aware that mBit is not responsible for the privacy practices of such other thirdparty websites. We encourage our users to be aware when they leave our site or link to outside IP addresses and to read the privacy statements of each and every website and IP address that collects personally identifiable information. This Privacy Policy applies solely to information collected in connection with your use of the mBit Websites and the Program.

3.5. How to Contact Us
If you have any questions about the mBit Privacy Policy or its implementation, or if you have a concern or policy violation you wish to report, you may contact us at the email address contact@mbit.co.in.

3.6. Notification of Changes
mBit reserves the right to change, update or revise the terms of this Policy, and/or impose new conditions, policies or additional rules. If we decide to change our Privacy Policy, we will post those changes on our web site. Any such changes, together with the remainder of any unaltered version of this Privacy Policy will constitute mBit's Privacy Policy at the time of such notice and will be effective immediately upon posting. Your continued use of the mBit Websites or the Program following posting or notification of any such changes shall serve as your acceptance of these changes and agreement to the revised Privacy Policy.

4. License
mBit Licensing Agreement granting certain license in the mBit file sharing program
PLEASE READ THIS SOFTWARE PROGRAM LICENSE AGREEMENT ("LICENSE") AND ASSOCIATED PRIVACY POLICY CAREFULLY BEFORE USING THE MBIT FILE SHARING PROGRAM (THE "PROGRAM"). BY USING THE PROGRAM YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AND ASSOCIATED PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE OR THE PRIVACY POLICY, DO NOT USE THE PROGRAM.

4.1. No Trademark License
No license is granted to you, and you are not authorized to use any mBit trademarks, logos, or tradedress (collectively "Trademarks").mBit Trademarks include: "mBit" (one word), the mBit logo consisting of the stylized, that appears on our website (www.mbit.co.in); Impermissible uses include using any part or portion of the mBit Trademarks as a part of any web site URL or subdomain.

4.2. Illegal Materials
The Program, like all peertopeer ("P2P") programs, is capable of being used to share materials that the copyright owner has not authorized be shared. It is unlawful to use the Program to infringe the intellectual property rights of others, or to share, distribute or download others' protected, proprietary and/or confidential information without authorization, or to share, distribute or download unlawful pornographic materials (collectively "Illegal Materials"). By using the Program you agree and represent that you will not use the Program to share, distribute or download Illegal Materials.

4.3. Indemnity
You hereby agree to indemnify and keep indemnified mBit, any of its officers, employees, agents, subsidiary companies, holding companies and/or the officers, employees and/or agents of each from and against any and all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of your breach of any of the terms of this License or in any way connected to your use or misuse of the Program or any part thereof.

4.4. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MBIT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF MBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 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, RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE PROGRAM;
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA;
3. CONDUCT OF ANY THIRD PARTY USING THE PROGRAM; OR
4. ANY OTHER MATTER RELATING TO THE USE OF THE PROGRAM.
ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE 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 OR USE OF ANY SUCH MATERIAL.

4.5. Privacy
The Program is subject to mBit Privacy Policy located here which is expressly made a part of this License and incorporated herein by this reference. Please read the Privacy Policy. It is your responsibility to ensure you read and understand it. If you do not agree to the Privacy Policy, do not use the Program.

4.6. Changes
mBit reserves the right to change, update or revise the terms of this License, and/or impose new conditions, policies or additional rules (collectively "Changes") without notice to you. These Changes will be effective immediately when incorporated in this License. Your continued use of the Program following these Changes will be deemed to constitute your acceptance of these Changes and the subsequently revised License.

4.7.Termination
If you breach this License, your right and license to use the Program terminates immediately and without notice to you.

4.8. Miscellaneous
This License constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this License. This License may only be modified by mBit Infotech Pvt. Ltd. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, or if reformation is not possible, deleted and the remainder of the License surviving. The failure to exercise or delay in exercising a right or remedy provided by this License or by any applicable law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this License or of a default under this License does not constitute a waiver of any other breach or default and shall not affect the other terms of this License. A waiver of a breach of any of the terms of this License or of a default under this License will not prevent a party from subsequently requiring compliance with the waived obligation. This License shall be governed by Indian Laws, excluding its conflictoflaw provisions. You hereby consent to the exclusive jurisdiction and venue of the courts of New Delhi in all disputes arising out of or relating to the License. The losing party in any dispute regarding the License shall be responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.