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Monday, July 23, 2018
 

TOLO Terms of Use

For the purpose of these Terms of Use (the “Terms” or “TOU”), the term TOLO is collectively used for both TOLO TV and TOLO News.  Please take the time to read the full Terms because you accept and agree to be bound by them when you visit TOLO’s websites (www.tolonews.com & www.tolo.tv).

 

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this websites (www.tolonews.com & www.tolo.tv) is provided by TOLO subject to the following terms ("Terms of Use"): 

 

Acceptance of Terms

By visiting and using this website you accept and agree to be bound by these Terms of Use, including any future modifications, and to abide by all applicable laws, rules and regulations. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. Your continued use of this website will be deemed acceptance of any revisions. Affiliates of TOLO (“Affiliated Companies”) operate a large number of websites, mobile applications and other services associated with their businesses, brands and products, which may have terms of use that differ from these Terms of Use. These Terms of Use do not apply to websites, mobile applications and other services offered by Affiliated Companies. A list of Affiliated Companies is located via the Business Segments link on the home page of this website.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE ALL DISPUTES ARISING BETWEEN YOU AND TOLO UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND YOU AND TOLO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.  PLEASE READ IT CAREFULLY.

Careers

When you submit personal information to the Careers section of this website, you are authorizing TOLO to utilize this information for lawful and legitimate hiring and employment purposes. TOLO also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business and employment purposes. When you apply for employment at any Affiliated Company, and when TOLO shares your personal information with an Affiliated Company, your information will be collected and handled pursuant to that Affiliated Company’s hiring policies and practices. Nothing in these Terms of Use or in any feature or aspect of this website constitutes a promise by TOLO or any of its Affiliated Companies to contact, interview, hire or employ any individual who submits information to this or an Affiliated Company’s website, nor will anything in these Terms of Use or in any feature or aspect of this website constitute a promise that TOLO or any of its Affiliated Companies will review any or all of the information submitted by users of this website or any website operated by an Affiliated Company. 

Access

TOLO may change, suspend or discontinue this website (or any feature thereof) at any time.  TOLO may also impose limits on certain features and services offered on this website or restrict your access to parts or all of the website without notice or liability.  You acknowledge that from time to time the website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TOLO may undertake from time to time; or (iii) causes beyond the control of TOLO or which are not reasonably foreseeable by TOLO.

Legal Disclaimer

This website has been prepared solely for the purpose of providing information about TOLO and the services and products TOLO and its Affiliated Companies offer. This website has been compiled in good faith by TOLO. However, no representation is made as to the completeness or accuracy of the information on this website. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. The reports filed and information presented on this website by TOLO speak only as of date of the respective report or reporting period indicated on the respective report TOLO makes no commitment, and disclaims any duty, to update any of those reports to reflect subsequent events or circumstances except as required by law. TOLO reserves the right to add, modify or delete any information on this website at any time. 

Content on this Website

This website and the content and materials contained on this website (collectively, "Content") are protected by copyrights, patents, trade secrets or other intellectual property and proprietary rights under the laws of the Islamic Republic of Afghanistan and other countries. TOLO respects the intellectual property rights of others and asks users of this website to do the same.

Your right to make use of this website and any Content appearing on it is subject to your compliance with these Terms of Use. This website and any Content appearing on it may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any content or materials appearing on this website, without the express prior written consent of TOLO.  You may not, without TOLO’s written permission, “mirror” any Content contained on the Site or any other server.  You may not use the Site for any purpose that is unlawful or prohibited by the Agreement.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.  TOLO reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Use or modification of the Content on this website for any purpose not permitted by these Terms of Use is prohibited. 

Notice and Procedure for Making Claims of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any Content on this website infringes your copyright, you may submit a notification pursuant to Afghan Law on Protecting the Rights of Author, Writer, Artist and Researcher (Copyright) by providing our Designated Agent (as set forth below) with the following information in writing:

 - Your physical or electronic signature or the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are covered by a single notification, a representative list of such works on this website;

 - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 - Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

 - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

 - A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

MOBY Group Afghanistan

Attn: Legal Department

House #3, Street #12, Wazir Akbar Khan, Kabul, Afghanistan

P.O. Box: 225

Email Address of Designated Agent: [email protected]

 

TOLO reserves the right to remove any Content that infringes the copyright of any person under the laws of Afghanistan upon receipt of a notice as set forth above. The TOLO has a policy of terminating repeat infringers’ access to our websites in appropriate circumstances.

For clarity, only notices of claims for alleged copyright infringement should be sent to the Designated Agent.

 

Violation of the Term of Use 

TOLO reserves the right, at all time, to disclose and make available any information we have about you (including your identity) if such disclosure is for complying with applicable law, regulation or legal processes, is requested by any other authoritative government agency, is ordered by a court of competent jurisdiction, or is necessary for any investigation or complaint regarding your use of the website, or the disclosure is essential to identify, contact or bring legal action against someone who may be intentionally or unintentionally infringing TOLO’s rights and property by causing injury to or interfering therewith or with the rights or property of other users of the website. TOLO will also disclose and exchange the information with other companies and organizations to protect against fraud.

External Links and Services

TOLO and the affiliated companies may provide, or third parties may provide, links to other websites, applications, resources or other services created by unaffiliated third parties (“External Services”), such as Facebook and Twitter. When you engage with a provider of an External Service, you are interacting with the unaffiliated third party, not with TOLO or the affiliates thereof.  If you choose to use an External Service and share information with it, the provider of the External Service may use and share your data in accordance with its privacy policy and your privacy settings on such External Service.  TOLO encourages you not to provide any personally identifiable information to or through any External Service unless you know and are comfortable with the party with whom you are interacting.  In addition, the provider of the External Service may use other parties to provide portions of the application or service to you, such as technology, development or other services. When you access External Services, you do so at your own risk.

Disclaimer of Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS CONTAINED OR USED IN THE OPERATION OF THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOLO EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING, AS WELL AS ANY GUARANTY OR ASSURANCE THE WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOLO WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THIS WEBSITE, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH ITS USE, ATTENDANCE AT A TOLO EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THIS WEBSITE, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THIS WEBSITE.  YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  Without limiting the foregoing, TOLO is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this website.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE TOLO SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOLO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT TOLO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF TOLO’S ACTS OR OMISSIONS OR YOUR USE OF THIS WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THIS WEBSITE.

Arbitration Agreement

(1) TOLO, including its Affiliated Companies, agents, employees, predecessors in interest, successors, and assignees, and you agree that any Dispute (as defined herein) between you and TOLO regarding any aspect of your relationship with TOLO, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  Each of you and TOLO agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and TOLO, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any and all claims between you and TOLO in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by TOLO, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.  The only exceptions to this Arbitration Agreement shall be as required under applicable local law, if any.  Disputes over whether any exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.  Each of you and TOLO also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and TOLO (see paragraph 9 below). Court review of the arbitration award shall only be in accordance with the applicable law.  The appointed arbitrator(s) must be bound by the terms of this arbitration agreement.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

(2) All domestic disputes between TOLO and any other Afghan national (“Domestic Disputes”) shall be finally resolved through domestic arbitration, and all disputes of international nature between TOLO and any other non-Afghan (“International Disputes”) shall be resolved through international arbitration as outlined below. Regardless whether the dispute is a domestic or international, the substantive law shall be the laws of the Islamic Republic of Afghanistan.

Domestic Arbitration

Any domestic arbitration between you and TOLO shall be conducted by the Afghan Center for Dispute Resolution (“ACDR”) pursuant to the Afghan Law of Commercial Arbitration (the “Domestic Rules”). The venue of arbitration shall be Kabul, Afghanistan. The Arbitration shall be conducted by a single neutral arbitrator; and if you and TOLO cannot agree on who that single arbitrator will be, the arbitrator shall be appointed by ACDR pursuant to the Rules. This Arbitration Agreement shall survive termination of this Agreement. The Afghan Law on Commercial Arbitration may be found at http://www.wipo.int/edocs/lexdocs/laws/en/af/af027en.pdf. 

International Arbitration

All International Disputes between you and TOLO shall be submitted to the Dubai International Arbitration Center (“DIAC”) pursuant to DIAC Arbitration Rules 2007 (the “International Rules”). The venue for arbitration shall be Dubai, UAE. The language of arbitration shall be English. The Arbitration shall be conducted by a single neutral arbitrator; and if you and TOLO cannot agree on who that single arbitrator will be, the arbitrator shall be appointed by the institution pursuant to the Rules. This Arbitration Agreement shall survive termination of this Agreement. The DIAC Arbitration Rules may be found at http://www.diac.ae/idias/rules/.

(3) If either you or TOLO wants to arbitrate a claim, you or TOLO must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the website or portion of the website to which the Notice relates, and the relief requested.  Your Notice to TOLO must be sent by mail to TOLO’s head office at Street #12, Wazir Akbar Khan, Kabul, Afghanistan. TOLO will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice.  During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. 

If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the provisions of these Terms of Use. In addition to filing this Demand for Arbitration, you must send a copy of this completed Demand for Arbitration to TOLO at the address listed above to which you sent your Notice of Dispute. 

(4) You and TOLO acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND TOLO 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, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 7 below.

(5) Filing fees or other charges shall be payable in line with the procedural rules of this arbitration agreement. 

(6) Regardless of how the arbitration proceeds, each of you and TOLO shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the procedural rules of this arbitration agreement, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(7) Each of you and TOLO may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.

(8) The arbitrator may award declaratory or injunctive 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.  The arbitrator may not order TOLO to pay any monies to or take any actions with respect to persons other than you, unless TOLO explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order Further, unless TOLO expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

(9) You and TOLO agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation,  proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

(10) Except for subpart (a) in paragraph (4) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (4) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against TOLO must be pursued, the choice of governing law, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

Indemnity

You agree to indemnify, defend and hold TOLO and its affiliates, and their respective successors and assignees, directors, officers, employees, representatives, agents, licensors, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this website, (b) your breach or violation of these Terms of Use; or (c) your violation of any rights of another. MOBBY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Islamic Republic of Afghanistan, without regard to its conflict of law provision. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and TOLO agree to submit to the exclusive jurisdiction of the courts located in Kabul, Afghanistan to resolve any Dispute arising out of these Terms or this website. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A RECOMMENDED ARBITRATION BY THE HUQOQ IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED IN GOOD FAITH AND WITHIN ONE (1) MONTH OF YOUR KNOWLEDGE OF INFRINGEMENT. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED UNLESS THE APPLICABLE LAW STATES OTHERWISE.

Miscellaneous

These Terms of Use contain the complete and entire understanding and agreement between you and TOLO concerning this website and supersedes any and all prior or contemporaneous understandings relating to the website and your use thereof. These Terms of Use cannot be changed orally. Except as otherwise expressly provided herein, if any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of TOLO to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.

The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  These Terms of Use operate to the fullest extent permissible by law.

You agree that any notices TOLO may be required by applicable law to send to you will be effective upon TOLO’s sending an e-mail message to the e-mail address you have on file with TOLO or publishing such notices on the informational page(s) of this website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MTOLO as a result of these Terms of Use or your use of this website.  A printed version of these Terms of Use and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in these Terms of Use limits TOLO’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by us in connection with such use.

TOLO reserves the right to modify or discontinue, temporarily or permanently, all or any part of this website and/or any Content, software, functions, and services on this website, with or without notice, and/or to establish general guidelines and limitations on their use.

TOLO is based Afghanistan and this website is hosted in Afghanistan.  If you use this website from a jurisdiction other than Afghanistan, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to such use. 

These Terms of Use were last updated on November 22, 2017.