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No robocalling app is 100% perfect. Also, there's other ways your number is being scraped around such as companies paying for data. Apps are only so helpful, but you may want to do what I did and make money from it. They can't use autodialers to blast your cell phone number.Last year I made 2K from suing robocallers. Most were spam companies from Fort Lauderdale and Tampa. Under the Telephone Consumer Protection Act and the Telemarketing Sales Rule, it is illegal for any business to call a cell phone using an autodialer.When you write them, state that they “violated federal law, and if you’d like to settle this before I sue you, we can negotiate. “(You can have it written up by someone such as a law firm if you want it to be more convincing but I wrote mine myself). Here’s what you do:Answer the call, then stay on the call in order to gather important information about them. The more information, the better. Most importantly, DOCUMENT EVERYTHING. (Screenshots with phone will suffice, phone bill statements that shows logs of their calls, etc.) This is the most important part.Note down details like the company’s name, website and call back number. If you can get an address, even better. The more info you get on them, the better. They won’t ghost on you. Reel them in to make those robocall earnings.If you spoke to a real person, note down their name, email address or any other details that could help verify the company and where it’s located.If it’s an automated call that goes to a voicemail inbox, leave your information and wait for them to call you back. Act interested when they call you back (psychology 101), or else they’ll hang up and you can’t earn.Next, e-mail a demand letter to that company that explains exactly how and when it violated the law. You may want to include screen grabs to prove when the call happened and how long it lasted, as well as confirmation that your name exists on the Do Not Call Registry.Request the amount of damages you are seeking, which depends on the type of violation. The demand letter will ask the company to settle before a potential lawsuit is filed. These companies do not like going to court, so their viable option is to settle with you as fast as possible. Average wait time for your check will be 10 days to 2–3 weeks.I had 4 calls and each illegal robocall was suable for $500 and no less than that! (This was in February and June of 2019, then two more in September). Trump also had signed an anti-robocaller law into effect.Also, If your cell phone is on the National Do Not Call Registry, they owe you $1,500.Want even better news? The maximum robocall fine is $10,000 under the recent law signed by Trump. Sue for the highest amount possible & you'll always win.If there was an app that would capture and automatically send them lawsuit letters, we'd all be making money via AI.It took 2 months to get my settlement money so I took all apps off my phone waiting for the next moneybag to call me. I'm waiting. 💵💸(As of 2020, it’s now 10 days to wait on average)Most apps are bugging out because phone carriers like Verizon upgraded their services in fighting robocalls and this may create a conflict between your carrier or the app, not entirely sure on that. BUT, you may want to reconsider Android robocall protection if you want some guaranteed money.I never looked forward to robocalls till that settlement.There is a site I had to go to, but here’s the best video I could find on how to do what I did:I know this goes over answering the original question, but I couldn’t keep quiet on the fact that you can be banking on robocalls.Robocaller companies do not like going to court, so they would rather settle. You don’t need an attorney to do this stuff either.McKinney Man Shows You How to Turn Annoying Robocalls Into CashHow to turn annoying robocalls into cash

AMAZON HELPLINE NO. 09679824416**Amazon Services Business Solutions Agreement**Last updated: March 2020**General Terms**Welcome to **Amazon Services Business Solutions**, a suite of optional merchant services including Selling on Amazon (https://sellercentral.amazon.in/gp/help/G1791#SOA), Fulfilment by Amazon (https://sellercentral.amazon.in/gp/help/G1791#FBA) and Amazon Advertising (https://sellercentral.amazon.in/gp/help/G1791#SP) .THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("**YOU**") AND AMAZON SELLER SERVICES PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH THE AMAZON SITE.As used in this Agreement, "**we,**" "**us,**" and "**Amazon**" means the Amazon company named in the applicable Service Terms. Capitalized terms have the meanings listed in the Definitions (https://sellercentral.amazon.in/gp/help/G1791#Definitions) below. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies.**1. Enrolment**To begin the enrolment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business') legal name, address, phone number, e-mail address, applicable tax registration details as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Amazon’s Privacy Notice (Amazon.in Privacy Notice).**2. Service Fee Payments**Fee details are described fully in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise. For the Amazon Site that you register for or use a Service in connection with, we may require you to submit valid credit card information from a credit card acceptable by Amazon (with respect to such Amazon Site, "**Your Credit Card**") as well as valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the Amazon Site, "**Your Bank Account**"). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). At Amazon's option, all payments to you will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us. You agree that Amazon shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account.In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with Amazon concerning whether any amounts are payable or due.If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the Amazon Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of ninety (90) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits in our bank accounts.**3. Term and Termination**The term of this Agreement will start on the date of your completed registration for use of one or more of the Services and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via Seller Central, email, the Contact Us Form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or (c) your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or Amazon’s legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means including Seller Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15 and 17 of these General Terms survive.**4. Licence**You grant us a royalty-free, non-exclusive, worldwide right and licence for the duration of your original and derivative intellectual property rights during the Term and for as long thereafter as you are permitted to grant the said licence under applicable Law to use any and all of Your Materials for the Services or other Amazon product or service, and to sublicense the foregoing rights to our Affiliates and operators of Amazon Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using the standard functionality made available to you via the applicable Amazon Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).**5. Representations**Each Party represents and warrantsthat: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) it has all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorizations it grants hereunder; (c) it will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in its performance of its obligations and exercise of its rights under this Agreement; and (d) each party is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.**6. Indemnification**6.1 You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "**Claim**") arising from or related to: (a) your actual or alleged breach of any representations you have made; (b) any sales channels owned or operated by you, Your Products including the offer, sale, fulfilment (except to the extent attributable to the Fulfilment by Amazon Service, if any), refund, cancellation, adjustments, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Amazon) or property damage related thereto; or (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) your non-compliance with applicable laws.6.2 Amazon’s indemnification obligations. Amazon will defend, indemnify, and hold harmless you and your officers, directors, employees and agents against any third-party Claim arising from or related to: (a) Amazon’s non-compliance with applicable laws; or (b) allegations that the operation of an Amazon Site infringes or misappropriates that third party’s intellectual property rights.6.3 Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.**7. Disclaimer**a. THE AMAZON SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU ACCESS THE AMAZON SITE, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY AMAZON TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. EXCEPT AS SET FORTH IN SECTION 5 ABOVE, WE AND OUR AFFILIATES WAIVE AND DISCLAIM: (1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMAZON SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY. IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT.b. BECAUSE AMAZON IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE AMAZON (AND ITS AGENTS, AFFILIATES AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.**8. Limitation of Liability**WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO AMAZON IN CONNECTION WITH THE PARTICULAR SERVICE AND THE AMAZON SITE GIVING RISE TO THE CLAIM.**9. Insurance**If the Sales Proceeds from Your Transactions through the Fulfilment by Amazon Service in connection with the Amazon Site exceed the Insurance Threshold during each month over any period of three (3) consecutive months, or otherwise if requested by us, then within thirty (30) calendar days thereafter, you will maintain at your expense throughout the remainder of the Term public third party liability insurance in connection with the Amazon Site with at least the Insurance Limits per occurrence/aggregate covering liabilities caused by or occurring in conjunction with the operation of your business in connection with the Amazon Site, including products liability and bodily injury, naming Amazon and its assignees as additional insureds. At our request, you will provide to us certificates of insurance for the **coverage** to the following address: *Amazon Seller Services Limited, 8th Floor, Brigade World Trade Center, 26/1 Dr. Raj Kumar Road, Malleswaram, Bangalore 560055; *and with a copy to: c/o Amazon, P.O. Box 81226, Seattle, WA 98108-1226, Attention: Risk Management.**10. Tax Matters**Your use of Services is subject to Amazon’s Tax Policies (https://sellercentral.amazon.in/gp/help/help.html/?itemID=GGP87PQ6YNBLNY3C&ref_=xx_GGP87PQ6YNBLNY3C_a_r9_cont_sgsearch). You will comply with any applicable tax laws and fulfill all obligations to the tax authorities in a timely and complete manner.As between the parties, you will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as service tax, VAT / CST, goods and services tax, cesses or other transaction taxes, and issuing valid invoices/ credit notes/ debit notes where required. Amazon is not responsible for collecting, remitting or reporting any service tax, VAT / CST, goods and services tax or other taxes arising from such sale. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, service, sales, use, goods and services tax and other similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services tax or similar taxes from you, you will pay such taxes to us. You will provide all necessary information including goods and services tax registered address, registration numbers, invoice mismatch details in a timely manner, to enable us to provide, report or correct goods and services tax invoices. Based on information provided, Amazon will deduce the location of recipient, the billing details, place of supply and applicable taxes.If for any reason, any income tax or withholding tax or tax collection at source or such other taxes under applicable Law are determined to be deducted and deposited on any payments or remittances to you, Amazon will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against Amazon.It is your responsibility as a seller on the Amazon Site to choose the most applicable product tax codes and assign Harmonized System of Nomenclature / Service accounting Code applicable for your listing, such that the correct tax rate is applied on all listings offered for sale by you. If we determine that you are not in compliance with this section, then we may suspend the services provided to you on the Amazon Site.For reporting transactions undertaken by you on the Amazon Site, you should consider the Merchant Tax Report (MTR) made available to you on Seller Central.In case of any discrepancy in the reporting / returns filed by you and Amazon, you agree that you will resolve such discrepancy immediately and indemnify Amazon against any tax, interest and penalty payable in this regard.**11. Confidentiality and Personal Data**During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 8 years after termination: (a) all Confidential Information will remain Amazon's exclusive property except for customer personal data owned by the respective customer; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the Amazon Mark as defined in and according to the Trademark Usage Guidelines available in Seller Central; you may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.You may not use any customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, you may not use such data in any way inconsistent with applicable law. You must keep customer personal data confidential at all time (the above 8 years’ term limit does not apply to customer personal data).**12. Force Majeure**We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.**13. Relationship of Parties**You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Amazon is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.**14. Suggestions and Other Information**If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the Amazon Site or Services (including any related Technology), you will, to the extent necessary and authorized by law, irrevocably grant to us, a royalty-free and worldwide license on all right, title, and interest in and to the suggestions for the duration of protection of the underlying rights. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.**15. Modification**We will provide at least 15 days’ advance notice in accordance with Section 17 for changes to the Agreement.However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 17.Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.**16. Password Security**Any password we provide to you may be used only during the Term to access Your Account or Seller Central, respectively, (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.**17. Miscellaneous**This Agreement will be governed by the laws of India, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. The laws of India govern this Agreement and your use of the Services, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Any dispute or claim of any nature relating in any way to your use of any Services covered under this Agreement will be adjudicated through arbitration, by a sole arbitrator to be appointed by Amazon. The arbitral proceedings shall be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in English and the venue of the arbitral proceedings shall be Delhi, India. Each party agrees that courts in Delhi will have the sole and exclusive jurisdiction over all arbitral applications. The fast track procedures under the Arbitration Act will apply to all proceedings as stipulated.You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to Amazon, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction;, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Amazon as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.Amazon retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Program Policies.The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail.You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.Amazon will provide notice to you under this Agreement by posting changes on Seller Central or on the applicable Amazon Services site to which the changes relate (such as the Marketplace Developer site accessible through your account), by sending you an email notification, or by similar means. You must send all notices and other communications relating to Amazon to our Selling Partner Support team via Seller Central, email, the Contact Us form, or similar means. We may also communicate with you in connection with your listings, sales, and the Services electronically and in other media, and you consent to such communications. For contractual purposes, you consent to receive such communications through any mode including SMS, e-mail, phone calls etc. If at any time, now or in the future, you decide to change your preferences, visit the Seller Central Notification Preferences page via Amazon (Amazon) and follow the steps.You may change your e-mail addresses or phone numbers via Your Account. Please update these details (including your legal name and address) as often as necessary to ensure that they are accurate.Please continue to use Seller Central as the primary means of managing your orders and seller account. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.**Definitions**As used in this Agreement, the following terms have the following meanings:**"Affiliate"** means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity, except with respect to Amazon, "Affiliate" means solely its Affiliates domiciled in India.**"Amazon Associated Properties"** means any website or other online point of presence, other than the Amazon Site, through which any Amazon Site or products or services available thereon are syndicated, offered, merchandised, advertised or described.**"Amazon Site"** means Online Shopping site in India: Shop Online for Mobiles, Books, Watches, Shoes and More (Online Shopping site in India: Shop Online for Mobiles, Books, Watches, Shoes and More).**"Business Days"** means any day of the week (excluding Saturdays, Sundays and public holidays) on which commercial banks are open for business in New Delhi, India; Seattle, Washington, United States of America; Luxembourg; and the Republic of Singapore.**“Confidential Information"** means information relating to us, to the Services or Amazon customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.**"Content"** means copyrightable works and other content protected under applicable Laws.**"Excluded Products"** means any products or other items set forth in the excluded products list for the Amazon Site or any other Amazon Program Policy that applies to your use of a Service, and any other products or other items that in Amazon's sole discretion are not supported for a Service.**"Insurance Limits"** means INR 5,00,00,000**"Insurance Threshold"** means INR 5,00,000**"Intellectual Property Rights"** means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.**"Law(s)"** means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.**"Local Currency"** means Indian Rupees (INR).**"Order Information"** means, with respect to any of Your Products sold through the Amazon Site, the order information and shipping information that we provide or make available to you.**"Person"** means any individual, company, corporation, partnership, limited liability partnership, governmental authority, association, joint venture, division or other cognizable entity, whether or not having distinct legal existence.**"Program Policies"** means, all policies and program terms provided on the ‘Policies and Agreements’ (Programme Policies) page.**"Purchase Price"** means the total gross amount payable or paid by a customer for Your Product (including taxes and customs duties).**"Sales Proceeds"** means the gross sales proceeds paid by customers in the course of any of Your Transactions, including the Purchase Price, all shipping and handling, gift wrap and other charges, any taxes and customs duties.**"Seller Central"** means the online portal and tools made available by Amazon to you, for your use in managing your orders, inventory and presence on the Amazon Site.**"Service"** means each of the following services that Amazon makes available on or in connection with the Amazon Site: the Selling on Amazon Service, Fulfilment by Amazon Service and Amazon Advertising.**"Service Terms"** means the service terms specific to each Service set forth herein and made a part of this Agreement upon the date you elect to register for the applicable Service.**"Technology"** means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item.**"Trademark"** means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.**"Your Account"** means the particular account in our systems, in which information about Your Transactions is recorded, and which is one of the online portals and tools which Amazon may make available to you, for your use in managing your orders, inventory and presence on the Amazon Site.**"Your Materials"** means all Technology, Your Trademarks, Content, Required Product Information, data, materials, and other items provided or made available by you or your Affiliates to Amazon or its Affiliates.**"Your Product"** means any product that is made available for listing for sale, offered for sale or sold by you through the Selling on Amazon Service and/or fulfilled or otherwise processed through the Fulfilment by Amazon Service in connection with Your Account, or made available for advertising by you through Amazon Advertising.**"Your Sales Channels"** means all sales channels and other means through which you or any of your Affiliates offer or sell products, other than physical stores.**"Your Taxes"** means any and all value added, service, sales, use, excise, import, export, goods and services tax and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through or in connection with the Services, or otherwise in connection with any action, inaction or omission of you or your Affiliates or your or their respective employees, agents, contractors or representatives. Also, as it is used in the Fulfilment by Amazon Service Terms, this defined term also means any of the types of taxes mentioned above that are imposed on or collectible by Amazon or any of its Affiliates in connection with or as a result of: (a) the storage of inventory, packaging, Your Products and other materials owned by you and stored by Amazon; or (b) the fulfilment, shipping, gift wrapping or other actions by Amazon to Your Products pursuant to the Fulfilment by Amazon Service Terms.**"Your Trademarks"** means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.**"Your Transaction"** means any sale of Your Product(s) through the Amazon Site.**Selling on Amazon Service Terms**The Selling on Amazon Service ("**Selling on Amazon**") is a Service that allows you to list products for sale directly via the Amazon Site. Selling on Amazon is operated by Amazon Seller Services Private Limited. These Selling on Amazon Service Terms are part of the Amazon Services Business Solutions Agreement ("**Business Solutions Agreement**"), but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Amazon. BY REGISTERING FOR OR USING SELLING ON AMAZON, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS SOLUTIONS AGREEMENT (https://sellercentral.amazon.in/gp/help/G1791#BSA) AND THESE SELLING ON AMAZON SERVICE TERMS. Unless defined in these Selling on Amazon Service Terms (including the Selling on Amazon Definitions (https://sellercentral.amazon.in/gp/help/G1791#Definitions)), all capitalized terms have the meanings given them in the Business Solutions Agreement.**S-1. Your Product Listings and Orders****S-1.1 Products and Product Information.** You will, in accordance with applicable Program Policies, provide accurate and complete Required Product Information for each product that you make available to be listed for sale through the Amazon Site and promptly update such information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on the Amazon Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for sale on the Amazon Site, any Excluded Products; or provide any URL Marks for use, or request that any URL Marks be used, on the Amazon Site. For each item you list on the Amazon Site, you will provide to us the state or country from which the item ships.**S-1.2 Product Listing; Merchandising; Order Processing.** We will list Your Products for sale on the Amazon Site in the applicable product categories which are supported for third party sellers generally on the Amazon Site on the applicable Selling on Amazon Launch Date, and conduct merchandising and promote Your Products in accordance with the Business Solutions Agreement (including via the Amazon Associated Properties or any other functions, features, advertising, or programs on or in connection with the Amazon Site). Amazon reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the Amazon Site. We may use mechanisms that rate, or allow shoppers to rate, Your Products and/or your performance as a seller on the Amazon Site and Amazon may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Sales Proceeds will be paid to you only in accordance with Section S-5.**S-1.3 Shipping and Handling Charges.** For Seller-Fulfilled Products, you will determine shipping and handling charges via and subject to our standard functionality and categorizations for the Amazon Site and further subject to any shipping and handling charge Program Policies for the Amazon Site. Any such amounts, paid by the customer towards shipping and handling charges, shall be your proceeds, subject to deduction of applicable charges as may be determined by us and you are solely responsible for reporting and remitting any applicable taxes on the shipping and handling charges. For Amazon-Fulfilled Products, Amazon will determine what the shipping fees will be and will display and collect them accordingly in accordance with the Fulfilment by Amazon Service Terms.**S-1.4 Credit Card Fraud.** We will bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and you will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any Seller-Fulfilled Product that is not fulfilled strictly in accordance with the Order Information and Shipment Information.**S-2. Sale and Fulfilment, Refunds and Returns****S-2.1 Sale and Fulfilment.** Other than as described in the Fulfilment by Amazon Service Terms (if applicable to you), or as provided in any applicable Service Terms or Program Policies, for the Amazon Site for which you decide to register or use the Selling on Amazon Service, you will: (a) source, sell, fulfil, ship and deliver your Seller-Fulfilled Products, and source and sell your Amazon-Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, these Service Terms and the Agreement, and all terms provided by you and displayed on the Amazon Site at the time of the order and be solely responsible for and bear all risk for such activities; (b) package each of Your Products in a commercially reasonable manner and ship each of Your Products on or before its Estimated Ship Date; (c) retrieve Order Information at least once each Business Day; (d) not cancel any of Your Transactions except as may be permitted pursuant to your terms and conditions appearing on the Amazon Site at the time of the applicable order (which terms and conditions will be in accordance with this Agreement) or as may be required under this Agreement; (e) ship Your Products throughout India (except to the extent prohibited by applicable Law or this Agreement); (f) provide to Amazon information regarding shipment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) notwithstanding any other provision of these Service Terms, ensure that you are the seller of all products made available for listing for sale hereunder; (i) include an order-specific packing slip within each shipment of Your Products; (j) identify yourself as the seller of the product on all packing slips or other information included with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or shipments of Your Products (except that to the extent we have not yet enabled functionality for Your Account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of Your Products in a format and manner reasonably acceptable to us). For Amazon-Fulfilled Products, if any, the Fulfilment by Amazon Service Terms will apply to the storage, fulfilment and delivery of such Amazon-Fulfilled Products.**S-2.2 Returns and Refunds.** For all of Your Products that are not fulfilled using Fulfilment by Amazon, you will accept and process returns, refunds and adjustments in accordance with these Service Terms and the Amazon Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of this Business Solutions Agreement. You will route all such payments through Amazon. We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Product), and you will reimburse us for all amounts so paid. For all of Your Products that are fulfilled using Fulfilment by Amazon, the Amazon Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Amazon Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Product), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-5). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all amounts so paid.**S-3. Problems with Your Products****S-3.1 Delivery Errors and Nonconformities; Recalls.** You are responsible for: any non-delivery, misdelivery, theft or other mistake or act in connection with the fulfilment and delivery of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible under *Section S-1.4*; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for Amazon-Fulfilled Products, if any, the Fulfilment by Amazon Service Terms will apply to non-delivery, misdelivery, theft or other mistake or act in connection with the fulfilment and delivery of those of Your Products. You are also responsible for any non-conformity or defect in, or any public or private recall of, any of Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of Your Products.**S-3.2 A-to-z Guarantee and Chargebacks.** If we inform you that we have received a claim under the "A-to-z Guarantee" offered on the Amazon Site, or other dispute, relating to the offer, sale or fulfillment of Your Product(s) (other than a chargeback) concerning one of Your Transactions, you will have 30 days to appeal our decision of the claim. If we find that a claim, chargeback, or dispute is your responsibility, you (i) will not take recourse against the customer, and (ii) are responsible for reimbursing us for the amount paid by the customer (including taxes and shipping and handling charges, but excluding any Referral Fees that we retained as defined in Section S-4), and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds to the extent payable by us.**S-4. Compensation**You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Selling on Amazon Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Agreement. "**Selling on Amazon Subscription Fee**" means the fee specified as such on the Selling on Amazon Fee Schedule (https://sellercentral.amazon.in/gp/help/200557190?ref=ag_200557190_cont_G1791&language=en_IN) for the Amazon Site at the time such fee is payable. With respect to each of Your Transactions: (x) **"Sales Proceeds"** has the meaning set out in the Business Solutions Agreement; (y) **"Closing Fees"** means the applicable fee, if any, as specified in the Selling on Amazon Fee Schedule (https://sellercentral.amazon.in/gp/help/200557190?ref=ag_200557190_cont_G1791&language=en_IN) for the Amazon Site; and (z) **"Referral Fee"** means the applicable percentage of the Sales Proceeds from Your Transaction through the Amazon Site specified on the Selling on Amazon Fee Schedule (https://sellercentral.amazon.in/gp/help/200557190?ref=ag_200557190_cont_G1791&language=en_IN) for the Amazon Site at the time of Your Transaction, based on the categorization by Amazon of the type of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of Amazon-Fulfilled Products. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.All taxes or surcharges imposed on fees payable by you to Amazon will be your responsibility.**S-5 Sales Proceeds & Refunds.****S-5.1.Nodal Account.** Remittances to you for Your Transactions (excluding COD transactions) will be made through a nodal account (the "**Nodal Account**") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 http://DPSS.CO.PD.No (http://DPSS.CO.PD.No).1102 / 02.14.08/ 2009-10 dated November 24, 2009. Remittance to you for COD transactions shall be made through the online bank or any other mutually agreed and other means used to transfer to Your Bank Account. You hereby agree and authorize us to collect payments on your behalf from customers for any sales made through the COD mechanism. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with this Agreement to a bank, auditor, processing agency, or third party contracted by us in connection with this Agreement.Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Sale Proceeds as a separate reserve ("**Reserve**"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfilment of delivery to the customers of your Products keeping in mind the period for refunds and chargebacks.**S-5.2.** Except as otherwise stated in this Agreement (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for Amazon Site, we will credit you with the amount of the Referral Fee paid by you to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee."**Eligible Transaction**" means Your Transaction against which the actual shipment date has been confirmed by you."**Designated Day**" means any particular Business Day of the week designated by Amazon on a weekly basis, in its sole discretion, for making remittances to you."**Payment Date**" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction."**Settlement Amount**" means Sales Proceeds (which you will accept as payment in full for the sale and shipping and handling of Your Products), less: (a) the Referral Fees due for such sums; (b) any Selling on Amazon Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the Amazon Site; (e) Reserves, as may be applicable, as per this Agreement; (f) Closing Fees, if applicable; (g) any other applicable fee prescribed under the Program Policies (including fee payable under the FBA Fee Schedule for Amazon Site), if applicable; and (h)tax collected at source under applicable Law.**S-5.3.** In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "**Payment Failure**"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.**S-6. Amazon’s Marketplace, Websites and Services**Amazon has the right to determine, the design, content, functionality, availability and appropriateness of its marketplace, websites, selection and any product or listing on the Amazon Site or the Amazon Associated Properties, and all aspects of each Service, including your use of the same. Amazon may assign any of these rights or delegate any of its responsibilities.**S-7. Tax Matters**In addition to the General Terms, you agree that, the price stated by you for Your Products is inclusive of all taxes including VAT/CST, customs duty, excise duty or other tax or levy that may be required to be remitted in connection with such sale, unless otherwise provided in any Program Policy or otherwise agreed by Amazon in advance in writing.All payments by Amazon to you shall be made subject to applicable withholding taxes under applicable Governing Laws. Amazon will retain, in addition to its net fees together with any applicable taxes that Amazon determines, as it is obligated to charge or collect on the fees, an amount equal to applicable withholding taxes.If you are required deposit withholding tax in the form and manner as prescribed under applicable Governing laws, you will issue an appropriate tax withholding certificate for such amount to Amazon.You may submit a reimbursement claim with a valid tax withholding certificate in Form 16A within one month from the due date of issuance of Form 16A as per statutory timelines. Amazon shall reimburse the claim post verification and reconciliation with service fee as per books of accounts. Amazon will have right to reject the claim if the claimed amount does not match with service fees invoices. Amazon shall maintain the right to recover any excessive claims paid to you.Amazon has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case Amazon successfully procures such an order, it will communicate the same to you. In that case, the amounts retained shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at the source.**Selling on Amazon Definitions****"Amazon-Fulfilled Products"** means any of Your Products that are fulfilled using the Fulfilment by Amazon Service.**"Amazon Refund Policies"** means the return and refund policies published on the Amazon Site.**"Estimated Ship Date"** means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product on the Amazon Site; or (b) if you do not specify shipping availability information in such inventory/product data feed or Your Product is in a product category that Amazon designates as requiring shipment within two (2) days (excluding Sundays and public holidays), (2) days (excluding Sundays and public holidays) after the date on which the relevant order is placed by the customer.**"Refund Administration Fee"** means the lesser of INR 300 or twenty percent (20%) of the applicable Referral Fee.**"Required Product Information"** means, with respect to each of Your Products in connection with the Amazon Site, the following (except to the extent expressly not required under the applicable Program Policies): (a) description; (b) SKU and EAN/UPC numbers and other identifying information as Amazon may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by Amazon from time to time); (d) categorization within each Amazon product category and browse structure as prescribed by Amazon from time to time; (e) digitized image that accurately depicts only Your Product and does not include any additional logos, text or other markings (and that complies with any Amazon published image guidelines); (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality therefor); (h) any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and EAN/UPC numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalogue; and (p) any other information reasonably requested by us (e.g., the condition of used or refurbished products, Harmonized System of Nomenclature / Service Accounting Code).**"Seller-Fulfilled Products"** means any of Your Products that are not fulfilled using the Fulfilment by Amazon Service.**"Selling on Amazon Launch Date"** means the date on which we first list one of Your Products for sale on the Amazon Site.**"Shipment Information"** means, with respect to any of Your Products, the estimated or promised shipment and/or delivery date.**"Street Date"** means the date(s), if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.**"URL Marks"** means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, http://co.in (http://co.in), http://co.uk (http://co.uk), .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).**"Your Transaction"** is defined in the Business Solutions Agreement; however, as used in these Service Terms, it shall mean any and all such transactions through Selling on Amazon only.**Fulfilment by Amazon Service Terms**Fulfilment by Amazon ("**FBA**") provides fulfilment and associated services for Your Products. FBA is operated by Amazon Seller Services Private Limited.These FBA Service Terms are part of the Amazon Services Business Solutions Agreement ("**Business Solutions Agreement**"), and, unless specifically provided otherwise, concern and apply only to your participation in FBA. BY REGISTERING FOR OR USING FBA, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS SOLUTIONS AGREEMENT (https://sellercentral.amazon.in/gp/help/G1791#BSA) AND THESE FBA SERVICE TERMS. Unless defined in these FBA Service Terms, all capitalized terms are as defined in the Business Solutions Agreement.**F.1. Your Products**Once you are accepted into FBA, you must apply to register each product you sell that you wish to include in the FBA program in connection with the Amazon Site. You may not include any product in the FBA program which is a FBA Excluded Product for the Amazon Site you wish to register Your Product with. We may refuse registration in FBA of any product in connection with the Amazon Site, including on the basis that it is an FBA Excluded Product or that it violates applicable Program Policies. You may at any time withdraw registration of any of Your Products from FBA in connection with the Amazon Site.**F.2. Product and Shipping Information**You will, in accordance with applicable Program Policies, provide in the format we require accurate and complete information about Your Products registered in FBA (including Harmonized System of Nomenclature / Service accounting Code, if applicable). You will promptly update any information about Your Products in accordance with our requirements and as necessary so that the information is at all times accurate and complete.**F.3. Shipping to Amazon****F.3.1.** For the Amazon Site you register Units in connection with, such Units will be delivered to customers in India only. You will ship Units to us in accordance with applicable Program Policies for the Amazon Site Your Products are registered in connection with. You will ensure that: (a) all Units are properly packaged for protection against damage and deterioration during shipment and storage; (b) terms of freight "C.I.P. (Carriage and Insurance Paid) Destination"; and (c) all Units comply with Amazon's labelling and other requirements. You will be responsible for all costs incurred to ship the Units to the shipping destination (including costs of freight and transit insurance). You will prepay all such shipping costs and Amazon will not pay any shipping costs except as provided in *Section F-3.2*. You are responsible for payment of all duties, custom duty, taxes and other charges. If you ship Units to a Site Fulfilment Centre from outside of India, you will list yourself as the importer/consignee and nominate a customs broker. If Amazon is listed on any import documentation, Amazon reserves the right to refuse to accept any Units covered by the import documents and any costs assessed against or incurred by Amazon will be collected by any means permitted by this Agreement. In the case of any improperly packaged or labelled Unit, we may return the Unit to you at your expense (pursuant to *Section F-7*).**F.3.2.** You will not deliver to us any Unsuitable Unit, and we may refuse to accept any shipment (including any Unsuitable Unit). We may return or dispose of or destroy any Unsuitable Unit as provided in Section F-7 (and you will be deemed to have consented to such action): (a) immediately if we determine in our sole discretion that the Unit creates a safety, health or liability risk to Amazon, our personnel or any third party; or (b) if you fail to direct us to return or dispose of or destroy any Unsuitable Unit within thirty (30) days after we notify you that the Unit has been recalled; or (c) except as otherwise provided in this Section F-3.2, if you refuse or fail to direct us to return or dispose of or destroy any Unsuitable Unit within thirty (30) calendar days after we notify you that we are in possession of it. In addition, you will compensate us for any damages incurred including any expenses we incur in connection with any Unsuitable Units.**F.4. Storage**We will provide storage services as described in these FBA Service Terms once we confirm receipt of delivery. We will keep electronic records that track inventory of Units by identifying the number of Units stored in any Site Fulfilment Centre. We will not be required to physically mark Units. If there is a loss of or damage to any Units while we store them due to any breach of contractual obligation / non-performance of obligations by us causing such loss or damage, we will, pay you the applicable replacement value ((as described in the FBA Lost and Damaged Inventory Reimbursement Policy (https://sellercentral.amazon.in/gp/help/help.html/?itemID=G200213130&ref_=xx_G200213130_a_r0_cont_sgsearch)*)*. Payment of the replacement value is our total liability for any duties or obligations that we or our agents or representatives may have as a bailee or warehouseman, and your only right or remedy that you may have as a bailor. The replacement value is inclusive of any VAT/CST/good and services tax (as applicable) and if the replacement value is subject to VAT/CST/goods and services tax, you agree to provide a valid VAT/CST/goods and services tax invoice to Amazon. In consideration of payment of the replacement value, the title in such Units will transfer to us and we will be entitled to dispose of, destroy or otherwise deal in such Units in any manner that we deem fit. You will have no security interest, lien or other claim to the proceeds that we receive from sale, disposal of or otherwise in connection with such Units. At all other times, you will be solely responsible for any loss of, or damage to, any Units. Our confirmed receipt of delivery does not: (a) indicate or imply that any Unit has been delivered free of loss or damage, or that any loss or damage to any Unit later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received the number of Units of Your Product(s) specified by you for such shipment; or (c) waive, limit or reduce any of our rights under this Business Solutions Agreement. We reserve the right to change, scheduling restrictions and volume limitations on the delivery and storage of your inventory in the Site Fulfilment Centres in accordance with Section 14, and you will comply with any of these restrictions or limitations.**F.5. Fulfilment**We will ship Units from our inventory of Your Products in connection with the Amazon Site to the shipping addresses in India included in valid customer orders. We may ship Units together with products purchased from other merchants.**F.6. Customer Returns****F.6.1.** We will receive and process returns of any Amazon Fulfilment Units in accordance with the terms of your Seller Agreement, these FBA Service Terms and the Program Policies for the Amazon Site. Any Sellable Units registered in connection with the Amazon Site that are also Amazon Fulfilment Units and that are properly returned will be placed back into the inventory of Your Products in the FBA Program for the Amazon Site. We may fulfil customer orders for Your Products in connection with the Amazon Site with any Amazon Fulfilment Units returned in connection with the Amazon Site. Except as provided in *Section F-7*, you will retake title of all Units that are returned by customers.**F.6.2.** Except as provided in Section F-7, we will, at your direction, either return or dispose of or destroy any Amazon Fulfilment Unit that is returned to us and that we determine is an Unsuitable Unit as provided in Section F-7. Without limitation of our rights under Section F-7.4, we may elect to return or dispose of or destroy that Unsuitable Unit as provided in Section F-7, and you will be deemed to have consented to our election if you fail to direct us to return or dispose of or destroy the Unsuitable Unit within thirty (30) calendar days after we notify you of the Unsuitable Unit.**F.6.3.** You will be responsible for all tax obligations including but not limited to VAT/CST, sales, service and goods and services taxes as result of any returns.**F.7. Returns to You and Disposal****F.7.1.** You may, at any time, request that Units be returned to you. We may, with notice, return Units to you, including upon termination of these Service Terms. These returned shipments will be sent to your designated shipping address in the territory in which the applicable Site Fulfilment Centre is located (or, at Amazon's sole discretion, your designated shipping address within India. If the address we have for you in connection with the Amazon Site is outdated, incorrect or outside India or if we cannot make arrangements for you to pay for the return shipment, the Unit(s) will be deemed abandoned and we may elect to dispose of or destroy the Unit(s) as appropriate based on the inventory and, subject to any replacement or reimbursement done as required under applicable law, this Agreement and our Program Policies, retain any proceeds we may receive from the disposal. You agree that any proceeds we may receive from the disposal are fair and reasonable compensation for any costs we incur in connection with the disposal.. For all Units that are returned to you, you are solely responsible for issuing any statutory forms or other documents, including but not limited to invoices, stock transfer forms, delivery challans etc., required to return the Units back to you. You are also solely responsible for dealing with clearing the Units from any checkposts.**F.7.2.** You may, at any time, request that we dispose of or destroy Units. In this case, we may dispose of or destroy these Units as appropriate based on the inventory. Subject to Section F.4 above, title to each disposed or destroyed Unit will transfer to us at no cost, free and clear of any liens, claims, security interests or other encumbrances to the extent required to dispose of or destroy the Unit, and we may, subject to any replacement or reimbursement done as required under applicable law, this Agreement and our Program Policies, retain all proceeds, if any, received from the disposal of any Unit.**F.7.3.** You will promptly notify us of any recalls or threatened recalls of any of Your Products and cooperate and assist us in connection with any recalls, including by initiating the procedures for returning items to you under our standard processes. You will be responsible for all costs and expenses you, we or any of our or your Affiliates incur in connection with any recall or threatened recall of any of Your Products (including the costs to return, store, repair, liquidate or deliver to you or any vendor any of these products).**F.7.4. Disposal of Unsuitable Units.** In the event any Amazon Fulfilment Unit is returned to our Site Fulfilment Centre on account of being an Unsuitable Unit, then we may, without limiting any of our other rights under this Agreement (including as described in Section F.3.2), (a) dispose of or destroy such Unit in case you fail to remove such Unit from our Site Fulfilment Centre within a period of thirty (30) days from the date we notify you that its removal is required, for instance because your use of FBA is suspended or terminated or your seller account is suspended, terminated or closed; and (b) immediately dispose of or destroy such Unit if: (i) we determine that such Unit has no replacement value; (ii) we determine that the Unit creates a safety, health or liability risk to Amazon, our personnel or any third party; or (iii) we obtain knowledge of your engagement in fraudulent or illegal activity; or (iv) we have cause to terminate your use of Services with immediate effect pursuant to Section 3 and are exposed to liability towards a third party. In addition, you will reimburse us for any damages incurred including any expenses we incur in connection with any Unsuitable Units.**F.8. Reporting**You are responsible for raising or collecting from customers any appropriate documentation including invoices, delivery challans, way bills, stock transfer forms (e.g., Form F) or any other statutorily required documentation for reporting of both dispatch and arrivals of the shipment of Units to and from Site Fulfilment Centres. You will be solely responsible for clearing any goods held up at any checkposts or seized by tax authorities as a result of non-compliance of any required documentation requirements.**F.9. Customer Service****F.9.1.** We will be responsible for all customer service issues relating to packaging, handling and shipment and customer returns, refunds and adjustments related to Amazon Fulfilment Units. We will determine on your behalf, whether a customer will receive a refund, adjustment or replacement for any Amazon Fulfilment Unit and we will require you to reimburse us where we determine you have responsibility in accordance with the Business Solutions Agreement (including these Service Terms and the Program Policies for the applicable Amazon Site). Except as provided in this *Section F-9* regarding any Amazon Fulfilment Units, customer service will be handled as set forth in your Seller Agreement. You will be responsible for VAT/CST related customer service enquiries including but not limited to pricing and tax obligations including but not limited to VAT/CST, sales, service and goods and services taxes invoices and credit memos.**F.9.2.** In situations relating to Amazon Fulfilment Units where the wrong item was delivered or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents or contractors, and for any breach of contractual obligation / non-performance of obligations by Amazon as covered under the Program Policies causing such damage or loss we will, at our option for any Amazon Fulfilment Unit (i) ship a replacement Unit to the customer and pay you the applicable replacement value (as described in the FBA Lost and Damaged Inventory Reimbursement Policy (https://sellercentral.amazon.in/gp/help/help.html/?itemID=G200213130&ref_=xx_G200213130_a_r0_cont_sgsearch)*)* for the replacement Unit or (ii) process a refund to the customer and pay you the replacement value for the Unit. Any customer refund will be processed in accordance with the Selling on Amazon Service Terms. Notwithstanding the terms of the Selling on Amazon Service Terms, we will be entitled to retain the applicable Fees payable to us under the Selling on Amazon Service Terms and these Service Terms, respectively. Except as expressly provided in this *Section F-9.2* you will be responsible for all costs associated with any replacement or return.**F.9.3.** If we provide a replacement Unit or refund as described in the preceding sentence to a customer and that customer returns the original Unit to us, we will be entitled to dispose of /destroy the Unit pursuant to *Section F-7*, or, if it is a Sellable Unit, we may, at our option, place such Unit back into your inventory in accordance with *Section F-6*. If we do put it back into your inventory, you will compensate us for the applicable replacement value of the returned Unit. Any replacement Unit shipped by us under these Service Terms will be deemed to be, and will be treated in the same manner as, an order and sale of such Unit from you to the customer via the Amazon Site in accordance with the Business Solutions Agreement and your Seller Agreement, and will be subject to all terms and conditions applicable thereto.**F.10. Compensation****F.10.1. Fees.** You will pay us the applicable fees (including storage, fulfilment, removal and disposal fees) set out in the FBA Fee Schedule for the Amazon Site (https://sellercentral.amazon.in/gp/help/200209150?ref=ag_200209150_cont_G1791&language=en_IN). You will be charged the Storage Fees beginning on the day (up to midnight) that the Unit arrives at the Site Fulfilment Centre and is available for fulfilment by Amazon (or in the case of any Unsuitable Unit, the arrival day (up to midnight)), until the earlier of: (a) the day (up to midnight) we receive a valid customer order for such product or a request from you to return or dispose of or destroy the Unit; or (b) the day (up to midnight) we actually ship the Unit to your designated return location or dispose of or destroy the Unit.**F.10.2. Shipping and Gift Wrap.** For any Amazon Fulfilment Units we will determine the amounts charged to the customer for shipping and gift wrap services for the Units that we fulfil through the FBA Program. As between you and us, these charges will be your tax inclusive charges to the customer, and we will report them to you. We will charge you (and you will pay us) a fee equal to the amount of such charges to the customer. You acknowledge and agree that you are responsible to account for any applicable taxes including but not limited to VAT/CST, sales, service and goods and services taxes on the shipping and gift wrap charges to customer.**F.10.3. Taxes on Fees Payable to Amazon.** In regard to these Service Terms you can provide a VAT / goods and services tax registration number or evidence of being in business, if you do not have a VAT / goods and services tax registration number. If you are VAT / goods and services tax registered, or in business but not VAT / goods and services tax registered, you give the following warranties and representations:(a) all services provided by Amazon to you are being received by your establishment under your designated VAT / goods and services tax registration number; and(b) (i) the VAT / goods and services tax registration number, or the evidence of being in business, you submit to Amazon belongs to the business you operate; (ii) that all transactions regarding the services will be business-related transactions made by the business associated with the VAT / goods and services tax registration number, if evidence of being in business, you submit to Amazon; and (iii) that the VAT / goods and services tax registration number, or evidence of being in business, and all other information provided by you is true, accurate and current and you will immediately update any such information held by Amazon in case of any changes.Amazon reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your VAT / goods and services tax registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize Amazon to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to Amazon upon request. Amazon reserves the right to charge you any applicable unbilled VAT / goods and services tax if you provide a VAT / goods and services tax registration number, or evidence of being in business, that is determined to be invalid. VAT / goods and services tax registered sellers and sellers who provide evidence of being in business agree to accept electronic VAT / goods and services tax invoices in a format and method of delivery as determined by Amazon.All payments by Amazon to you shall be made subject to any applicable withholding taxes and tax collection at source under the applicable Law. Amazon will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes / tax collection at source at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to Amazon sufficient document evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, Amazon will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, Amazon shall have the right to utilize the retained amount for discharging its tax liability.Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to Amazon and Amazon shall provide necessary support and documentation as may be required by you for discharging your obligations.Amazon has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case Amazon successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.Any taxes applicable in addition to the fee payable to Amazon shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.**F.10.4. Registration of Fulfilment Centres for VAT / CST / goods and services tax:** Amazon understands and agrees that you would be required to register the Site Fulfilment Centres wholly or partly as your place of business from a VAT / CST / goods and services tax regulations perspective. Amazon shall issue a no-objection certificate as required to enable you to register the Site Fulfilment Centres as your additional place of business from a VAT / CST / goods and services tax regulations perspective. Amazon shall, on your request, issue a no-objection certificate in the prescribed format and other related documents as may be necessary to enable obtaining such registration. You shall indemnify and keep indemnified Amazon and its Affiliates, in addition to Section F.11, against any consequences arising from investigation or enquiry by the tax authorities due to any reason. In the event, your goods (or Site Fulfilment Centres) are seized by the tax authorities for any reason, the responsibility for undertaking the release, and bearing the costs of the release, would be solely on you, while Amazon would support this process as reasonably required. You further represent and warrant that you will not register Site Fulfilment Centres as your principal place of business but only as an additional place of business.**F.11. Indemnity**In addition to your obligations under Section 6 of the Business Solutions Agreement, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4), including any personal injury, death or property damage; and, if applicable, b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes or for any demand/denial of credit arising on account discrepancies observed in the goods and services tax returns filed.**F.12. Release**You hereby, on behalf of yourself and your successors, subsidiaries, Affiliates, officers, directors, shareholders, employees, assigns and any other person or entity claiming by, through, under or in concert with you or them (collectively, the "**Releasing Parties**"), irrevocably acknowledge full and complete satisfaction of and hereby unconditionally and irrevocably release and forever fully discharge Amazon and each of its Affiliates, and any and all of their predecessors, successors, and Affiliates, past and present, as well as each of their partners, officers, directors, shareholders, agents, employees, representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by, through, under or in concert with any of them (collectively, the "**Released Parties**"), from any and all claims, obligations, demands, causes of action, suits, damages, losses, debts or rights of any kind or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccrued, determined or speculative (collectively, "**Losses**") which the Releasing Parties now own or hold or at any time heretofore have owned or held or in the future may hold or own against the Released Parties, or any of them, arising out of, resulting from, or in any way related to, the shipment including any tax registration or collection obligations. You, on behalf of yourself and all other Releasing Parties, recognize that you, and each of them, may have some Losses (WHETHER IN CONTRACT; WARRANTY; TORT; DELICT (INCLUDING NEGLIGENCE; PRODUCT LIABILITY; ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or which may arise or accrue after the date you register for these FBA Service Terms, which the Releasing Parties are giving up by agreeing to these FBA Service Terms. It is your intention in agreeing to these FBA Service Terms that these FBA Service Terms will deprive the Releasing Parties of each and all such Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties, or any of them.**F.13. Disclaimer**IN ADDITION TO THE DISCLAIMER IN *SECTION 7* OF THE BUSINESS SOLUTIONS AGREEMENT, WE HEREBY DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS.**F.14. Effect of Termination**Your termination rights are set out in **Section 3** of this Agreement. Following any termination of the Business Solutions Agreement or these FBA Service Terms in connection with the Amazon Site, we will, as directed by you, return to you or dispose of or destroy the Units registered in connection with the Amazon Site as provided in Section F-7. If you fail to direct us to return or dispose of or destroy the Units within ninety (90) calendar days after termination, then we may elect to return and/or dispose of or destroy the Units in whole or in part, as provided in Section F-7, and you agree to such action. Upon any termination of these FBA Service Terms in connection with the Amazon Site, all rights and obligations of the parties under these FBA Service Terms with regard to the Amazon Site will be extinguished, except that the rights and obligations of the parties under Sections F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, F-10, F-11, F-12, F-13 and F-14 with respect to Units received or stored by Amazon as of the date of termination will survive the termination.**F.15. Tax Matters**You understand and acknowledge that storing Units at the Site Fulfilment Centres may create a tax presence for you in the applicable territory in which the Site Fulfilment Centre is located, and you will be solely responsible for any taxes, interest or penalties owed as a result of such storage. You will be responsible for Your Taxes, interest or penalties and you will indemnify and hold Amazon and its Affiliates harmless from Your Taxes, interest or penalties as provided in Section F-11 of these FBA Service Terms and agree to pay any of these over to Amazon promptly. You acknowledge and agree that you are responsible for preparing and filing any applicable statutorily required documentation to be issued either by you or by the customers. You acknowledge that you are responsible to handle any requests for refunds of taxes including but not limited to VAT/CST, service, sales and goods and services taxes on shipments to these addresses where appropriate.**F.16. Additional Representation**In addition to your representations and warranties in Section 5 of the Business Solutions Agreement, you represent and warrant to us that: (a) you have valid legal title to all Units and all necessary rights to distribute the Units and to perform under these FBA Service Terms; (b) you will deliver all Units to us in new condition (or in such condition otherwise described by you in the applicable Your Product listing) and in a merchantable condition; (c) all Units and their packaging will comply with all applicable marking, labelling and other requirements required by Law; (d) no Unit is or will be produced or manufactured, in whole or in part, by child labour or by convict or forced labour; (e) you and all of your subcontractors, agents and suppliers involved in producing or delivering Units will strictly adhere to all applicable Laws (including any Law applicable to any territory where Units are produced or delivered, regarding the operation of their facilities and their business and labour practices, including working conditions, wages, hours and minimum ages of workers).**FBA Definitions****"Amazon Fulfilment Units"** means Units fulfilled using FBA that are sold through the Amazon Site. For avoidance of doubt, if you have successfully registered for both FBA and Selling on Amazon for the Amazon Site, then the term "Amazon Fulfilment Units" and the defined term "Amazon-Fulfilled Products" in the Selling on Amazon Service Terms both refer to the same items.**"FBA Excluded Product"** means, with respect to the Amazon Site you register Units in connection with, any Unit that is an Excluded Product, or is otherwise prohibited by the Program Policies for the Amazon Site (https://sellercentral.amazon.in/gp/help/help.html?itemID=521&ref=ag_521_bred_1801&).**"Sellable Unit"** means a Unit that is not an Unsuitable Unit.**"Seller Agreement"** means the Selling on Amazon Service Terms, any successor to any of these agreements, or any other similar agreement (as determined by Amazon) between you and us that permits you to list and sell products via the Amazon Site.**"Shipping Information"** means with respect to any purchased Unit(s), the following information: the name of the recipient, the shipping address, the quantity of Units to be shipped, and any other shipping-related information we may reasonably request.**"Site Fulfilment Centre(s)"** means the fulfilment centre(s) designated or used by Amazon to store and fulfill Units in connection with a particular Amazon Site.**"Unit"** means a unit of Your Product that you deliver to Amazon in connection with the FBA Program in connection with the Amazon Site.**"Unsuitable Unit"** means a Unit: (a) that is defective, damaged, or lacking required label(s); (b) the labels for which were not properly registered with Amazon before shipment or do not match the product that was registered; (c) that is an FBA Excluded Product or does not comply with the Business Solutions Agreement (including these Service Terms and the applicable Program Policies); or (d) that Amazon determines is otherwise unsuitable.**Amazon Advertising Service Terms**The Amazon Advertising Service Terms govern your use of Amazon Advertising, a Service that allows you to advertise your products. The Amazon Advertising Service Terms apply to your use of the Ad Services.Your use of the Ad Services (as defined in the Amazon Advertising Agreement) is governed by the Amazon Advertising Agreement. You accept the Amazon Advertising Agreement, which may be updated from time to time by Amazon in accordance with its terms. The Amazon Advertising Agreement is available at Amazon Advertising - Advertising Campaigns (Amazon Advertising - Advertising Campaigns). In the event of any conflict between the General Terms or Program Policies and the Amazon Advertising Agreement with respect to the Ad Services, the Amazon Advertising Agreement will prevail to the extent of the conflict. If the Amazon Advertising Agreement is deemed unlawful, void, or for any reason unenforceable, then the General Terms will govern your access to and use of the Ad Services.**Selling Partner API Terms****API-1 Description of the Selling Partner APIs**The “Selling Partner APIs” enable your systems to interface with certain features or functionality we make available to you. These Selling Partner API Terms concern and apply only to your use of the Selling Partner APIs unless specifically provided otherwise. Under the Selling Partner API Terms, you may authorize parties who (a) develop Applications to support you using the Selling Partner APIs or the API Materials, (b) have registered with us as Developers, and (c) who have agreed to the Marketplace Developer Agreement (“Developers”) to access Amazon Transaction Information and your Materials via the Selling Partner APIs. If you wish to use the Selling Partner APIs directly or develop software or a website that interfaces with the Selling Partner APIs or the API Materials (an “Application”), you must register as a Developer.We may make available Selling Partner APIs (including the Marketplace Web Services APIs) and software, data, text, audio, video, images, or other content we make available in connection with the Selling Partner APIs, including related documentation, software libraries, and other supporting materials, regardless of format (collectively the “API Materials”) that permit your systems to interface with certain features or functionality available to you. You may authorize Developers to access your Materials via the Selling Partner APIs solely for the purpose of supporting your business on Amazon. All terms and conditions applicable to the Selling Partner APIs and the API Materials in this Agreement are solely between you and us. API Materials that are public or open source software (“Public Software”) may be provided to you under a separate license, in which case, notwithstanding any other provision of this Agreement, that license will govern your use of those API Materials. For the avoidance of doubt, except to the extent expressly prohibited by the license governing any API Materials that are Public Software, all of the non-license provisions of this Agreement will apply.**API-2 License and Related Requirements****API-2.1 Generally.**We grant you a limited, revocable, non-exclusive, non-sublicenseable, nontransferable license during the term of the Agreement to allow Developers to access and use Your Materials through the Selling Partner APIs and the API Materials solely in support of your use of the Services covered by this Agreement. As between you and us, we or our licensors own all right, title, and interest in and to the Selling Partner APIs, the API Materials, any technical and operational specifications, security protocols and other documentation or policies provided or made available by us with respect to the Selling Partner APIs or the API Materials (the “Selling Partner API Specifications”), and our internal data center facilities, servers, networking equipment, and host software systems that are within our or their reasonable control and are used to provide the Selling Partner APIs or the API Materials (the “Amazon Network”).**API-2.2 License Restrictions.**You may authorize Developers to access your Materials through the Selling Partner APIs and the API Materials only through APIs documented and communicated by us in accordance with any applicable Selling Partner API Specifications. You may not and may not authorize any other party to do any of the following with the Selling Partner APIs and the API Materials: (a) reverse engineer, decompile, or disassemble them; (b) modify or create derivative works based upon them in whole or in part; (c) distribute copies of them; (d) remove any proprietary notices or labels on them; (e) use any Public Software in any manner that requires, pursuant to the license applicable to such Public Software, that the Selling Partner APIs and the API Materials be disclosed, licensed, distributed, or otherwise made available to anyone; (f) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to them; (g) access or use them in a way intended to avoid incurring any applicable fees or exceeding usage limits or quotas; (h) access or use them for any purpose unrelated to your use of Services; or (i) access or use them for fraudulent or illegal activities or activities that violate our policies or are otherwise harmful to us or any third parties. The limitations regarding data use in Section 10 above apply to any information you receive by the direct or indirect use of the Selling Partner APIs.**API-2.3 No License for Direct Access.**For the avoidance of doubt, these Selling Partner API Terms do not provide you a license to directly access or use the Selling Partner APIs, or install, copy, use, or distribute API Materials. Direct use of the Selling Partner APIs may only be licensed to Developers.**API-2.4 Account Identifiers and Credentials.**You must use the account IDs and any unique public key/private key pair issued by us to provide access to your data via the Selling Partner APIs (“Account Identifiers and Credentials”) in accordance with these Selling Partner API Terms to authorize Developers to access the Selling Partner APIs on your behalf. You may only authorize access to Amazon Transaction Information and Your Materials via the Selling Partner APIs in the way that we prescribe. Your Account Identifiers and Credentials are for your personal use only and you must maintain their secrecy and security. You are solely responsible for all activities that occur using your Account Identifiers and Credentials, regardless of whether the activities are undertaken by you or a third party (including your employees, contractors, or agents). You will provide us with notice immediately if you believe an unauthorized third party may be using your Account Identifiers and Credentials or if your Account Identifiers and Credentials are lost or stolen. We are not responsible for unauthorized use of your Account Identifiers and Credentials.**API-2.5 Security of Your Materials.**You are solely responsible for authorizing others to access the Selling Partner APIs on your behalf and taking your own steps to maintain appropriate security, protection, and backup of Your Materials. We are not responsible for any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any of Your Materials in connection with the Selling Partner APIs (including as a result of your or any third party’s errors, acts, or omissions).**API-3 Termination****API-3.1 Termination of Your Access to the Selling Partner APIs and the API Materials.**Without limiting the parties’ rights and obligations under this Agreement, the Selling Partner API Developer Agreement, or the Selling Partner API Licence Agreement, we may limit, suspend, or terminate your access to the Selling Partner APIs and the API Materials for convenience with 30 days’ notice. We may terminate immediately if (a) we determine that you have materially breached this Agreement and failed to cure within 7 days of a cure notice; (b) you or your account have been engaged in deceptive, fraudulent, or illegal activity; or (c) your use of the Selling Partner APIs and the API Materials may harm our customers.Upon any suspension or termination of your access to the Selling Partner APIs and the API Materials, you will immediately cease authorizing others to use the Selling Partner APIs and the API Materials. Upon any termination of your access to the Selling Partner APIs and the API Materials, you will also immediately destroy all API Materials. Upon any suspension or termination of your access to the Selling Partner APIs and the API Materials, we may cause your Account Identifiers and Credentials to cease to be recognized by the Amazon Network for the purposes of the Selling Partner APIs and the API Materials.**API-4 Modifications to the Selling Partner APIs and the API Materials**We may change or discontinue the Selling Partner APIs or the API Materials (including by changing or removing features or functionality of the Selling Partner APIs or the API Materials) from time to time. For any material changes that will negatively affect your business, we will provide notice under Section 14.**API-5 Disclaimers**THE SELLING PARTNER APIS AND THE API MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SELLING PARTNER APIS OR THE API MATERIALS, INCLUDING ANY WARRANTY THAT THE SELLING PARTNER APIS OR THE API MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS OR DATA YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH THE SELLING PARTNER APIS, INCLUDING YOUR MATERIALS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATE COMPANIES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATE COMPANIES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) THE INABILITY TO USE THE SELLING PARTNER APIS OR THE API MATERIALS FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SELLING PARTNER APIS OR THE API MATERIALS.

It seems this is still going and Dr Fearon is getting litigious:Sender: Dr William F FearonLocation, Beaufort Street, Chelsea, London, EnglandDear Colleague,Just to let you know I have sent you an update on the ongoing legal dispute betwen myself and Microsoft Plc and Google LLC which has been going on for over sixteen weeks. It centers on the blocking of my Microsoft Plc (MSN/Hotmail) and Googe LLC (Gmail)email accounts in May 2018 by their executuve boards and their efusal to restore my email account access. By all means if you are a juristician, a notary, juriste d’entreprise or indeed a non-legal practitioner but a potential complainant in a matter concerning the right to access your own data or related issues feel free to use whatever arguments I have raised, in my submission to the Sacremento Superior Court in California, USA for your own legal challenges. Unfortunately, when I tried to translate the text into French it produced a very inelegant version, so I have left it in the original English format.I can assure you that it is not the most perfect example of a petition to an American court and I acknowledge that there will be errors that are immediately apparent to more experienced litigants and attorneys. I am also not totally familiar with the institutions of the European Union either. There are some English terms, mainly compound nouns, and phraseology that I have used which may be new to you but are used every day in medicine or computer science and in the trades in the United Kingdom, North America and latterly Australia. If certain words or phrases are unfamliar to you, you may have to be a little creative/imaginative to try to determine what it is, that is being explained, but overall it should be straightforward. Then you could, if you wish send it to the Chinese news agencies Xinhua, and China News, their staff usually read my emails for information, theories and then filter it through into the Chinese press in London and Shanghai. As for Microsoft and Google they are going to have to gitch: Get In That Court House.RegardsDr William F FearonBeaufort StreetLondon SW3 5BJ24/05/2018Sacremento Superior Court720 9th Street, Sacremento,CA95814, USADear Sir/MadamRe: UK Breach of Contract Law/US Telecommunications Law/European Union GDPRNotice is hereby given, of the initiation on the grounds civil, of a lawsuit, against a corporation registered in the United States of America. In relation to such proceedings, it is to be recorded by Clerk to the Justices’ of the Sacremento Superior Court in the State of California, that I the prospective plaintiff Dr William F Fearon of the above postal address will seek legal redress in the aforesaid court against the following companies (1):Microsoft Plc and (2):Google LLC.As regards the particulars of my complaint I can initially state that I am a home based internet and broad band connected personal computer user. My PC runs in conjunction with a Microsoft Windows 10 operating system, and I have held it for over two years. I access the internet using either Google Chrome or Internet Explorer and I have three Google LLC (Gmail) email accounts, and seven Microsoft Plc, MSN/Hotmail email accounts the latter maintained by Microsoft Plc’s European computer services division, Microsoft Ltd. All the email accounts are co-registered in the United States and I have held them for between 4 and 15 years. Since the evening of Tuesday the 1st of May 2018, I have been unable to access both the internet and my email accounts from my home address. I was disconnected without warning or explanation. In response, I followed the Windows Network Diagnostics message and procedural guidelines that appeared onscreen in order to identify the problem and attempted to reconnect to the internet. When I followed the instructions, an error message appeared stating that:” ‘Ethernet’ does not have a valid IP configuration” which I assumed to mean, that my Internet Service Provider EE (UK company registration number: 02382161) had disconnected my internet account from the Public Switch Telephone Network (PSTN). My Internet Protocol address is now invalid and a further diagnostic message confirmed that I had no internet connection.I contacted EE by telephone on the same day, as the disconnection, and a member of staff I spoke to was able to manage a structured walkthrough of reconnection instructions whilst talking to me, to determine what the cause of the problem might be. However, the operative seemed unable or unwilling to allow my reconnection. Instead it was suggested that as my PC runs on the Microsoft Windows 10, operating system, I should contact the technical team at Microsoft head office on Buckingham Palace Road, London, SW1 9TQ, as they might be responsible, for the disconnection. I duly contacted Microsoft and I shall return to the response I received later in my submission.Both email account service providers Google LLC (Gmail) and Microsoft Plc (MSN/Hotmail) supposedly run their utilities on separate USbased operating systems managed from different corporate sites. As the email password interruptions occurred concurrently, it would suggest however, that a jointly agreed computer override mechanism is in place either in the US, the UK or elsewhere. Instantiating the disconnection process would have been a very straightforward procedure. A human or an automated signal, was sent out beginning an electronic process which bypassed, the different layers of security and mainframe computer defenses of each internet service provider. The signal broke through the intrusion detection systems, anti-virus, anti-hacking hardware and application firewall protection software that I have installed on my personal computer. It then crossed the Secure Sockets Layer/Transport Layer Security internet linked machine to machine encryption defenses, which secure the communication lines between my web browser and the multiple web servers I contact when trawling the internet. It interrupted transmission between all other external devices operating over the internet and blocked all intranet connections to my internal household electrical network. Access to each email service provider’s operating system was then gained and my individual passwords for each respective email address were deleted.Obviously, the loss of both my internet connection and my email access is a major inconvenience. I use my email accounts for business transactions with Account Information Service Providers; and for domestic and company financial record keeping including receiving updates from Payment Information Service Providers and for the dissemination of, prognostic and diagnostic medical information in reply to enquiries. My medical and academic opinions, are usually conveyed to hospital staff, consultants, university students, medical staff, and NGO healthcare workers in England, Washington DC, Chicago, California, Melbourne, Brussels, Italia, India, France, Kenya and finally China. Predictably without such telecommunications capabilities, I am unable to liaise with my work place when I work from home, nor can I retrieve email messages outside of office hours. As a result, I have lost opportunities to engage in further professional, commercial and charitable activity missed invitations to attend, networking and social events, curtailing my future earnings potential. I now have limited email and website contact with colleagues and institutions, and restricted access to information databases and membership services as my various online registration details and entitlements, and my employment and identity data are harder to verify on input from an unregistered or new email address and a new ISP location.My email accounts, some of which I use on a regular basis, and some intermittently, also contain;(a): medical records relating to General Practice visits and Hospital examinations;(b): my employment history dating back several decades;(c): records of my employers;(d): data on clients, agreed to be shared by the said clients, myself, partners and other networked mutual colleagues;(e): confirmation of membership records detailing my affiliations with professional American and Italian medical societies, and other organisations worldwide of which I am a member, secretary or a director;(f): my bank account and credit card details and related transactions and;(g): invitations to attend discussions at medical, economic, philosophical and scientific symposia, in US, the UK, the European Union, China, Singapore and other countries in South East Asia as a member of the audience, panel constituent, or as a lead podium speaker.Many of the email records and the content within are in effect public property, as they are of confirmed local and international historical interest, to members of heritage societies, libraries, museums and medical associations, in the Europe Union, Australia and North America. In the United Kingdom, the heritage status of tangible and intangible properties is detailed by the Treasury Department of the government. All my email records are to be reviewed by a solicitor after which they will be archived. Each relevant blocked email account is below undermentioned:[email protected]@[email protected]@[email protected]@[email protected]@[email protected]@hotmail.comIn order to verify the status of my Internet Service Provider registration, I searched an online database at another location and found that no ISP geolocation data for my address or name appeared. Neither did any information on my name, ISP and Internet Protocol (IP) appear, when I searched the: American Registry for Internet Numbers (ARIN) nor did any information appear on any European geolocation database registry. My home IP address is, however indirectly registered and the details obtainable from the United States Department of Commerce, as the IP address is logged, with their subcontracted service providers the: Internet Corporation for Assigned Names and Numbers(ICANN) based in California. To avoid IP address conflicts, the ICANN reserves certain IP address blocks in the US for both private and public use. When an organization such as EE requires a block of IP addresses, each IP address is assigned to a US Internet Service Provider. An identical process of submission and allocation, of ISP and IP address data, is used by database registration compilers in the European Union.After failing to regain access to my email accounts by using my normal username and password combinations, I attempted to access them three different times, from three other separate locations using three alternative personal computers all of which used the Windows operating system. Email password entry was blocked on each occasion. As is known to regular email users when such occurrences take place, a new password is required to reenter each email account. An online onscreen prompt will ask the email account holder to provide security information to verify their identity in order to reset their password. As I had done at my home address, I entered my name; the approximate date the email account contract was confirmed, and the account opened; my date of birth; sample email subject headings which I had used; and the email addresses of various recipients to which I had sent correspondence. Then I correctly answered a standard security question, the answer to which was known only to myself. My preaccount opening, emergency contact email address, was also entered, however, it had been rendered inaccessible by the invalidation of all my passwords. I therefore had to create a totally new email address in order to receive new password security codes for my Microsoft MSN/Hotmail and Google Gmail accounts which I did. I then received a new password retrieval code which allowed me to go through the security process once more. Yet even after recompleting the security procedure, and entering the required data from my new email address I was informed by the onscreen prompt that I had supplied insufficient information and as a result my email access was denied. As regards Microsoft and their data retrieval methods, it is the case, that once an email account data retrieval query is entered into the email password reaccess webpage by an email account holder via the computer keyboard a Microsoft supercomputer will retrieve the confirmatory data from their database of registered email accounts in a matter of nanoseconds. Their supercomputer email and social media data retrieval software is built for precisely such predictable eventualities. Retrieved details will appear in realtime on a Microsoft technical team monitor. They can also be voiced in panoramic soundscape at the same time. Envisage. If the password reconfirmation request is made over the telephone to a member of the email or social media sites technical team or even inputted orally via a close field computer microphone (the latter is also feasible) it will also be processed in a very standard format. Once the usual security verification questions are answered granting renewed email access to the email account holder is a formality.To gain, an explanation for the email account closures, I firstly wrote to Google LLC (Gmail) at their regional head office in the UK and at their global headquarters in Palo Alto, California, USA on the 2nd of May 2018; and sent a letter of complaint to Microsoft Ltd (MSN/Hotmail) at their headquarters in London, England on the on the 3rd of May 2018. Both corporations were asked to respond within fourteen days giving their explanations as to why my account passwords had been blocked, and to restore my email account access both declined to respond within the specified period. On the 18thof May, however, I did receive a written response from Google UK Limited, the UK subsidiary of Google LLC, from their UK headquarters in, London, (no telephone number was given) detailing their legal position in email related litigational disputes, namely, that it is their United States parent company Google LLC and not they, that are to be held liable in legal cases concerning Gmail accounts. Alphabet Inc. is the US holding company of Google LLC (Gmail) however, I can find no trace of their, United States company registration number on any online website. On the 19th of May 2018, I received a further written reply from the UK headquarters of Microsoft Limited at the Microsoft Campus at Thames Valley Park, England (listing an obsolete telephone number and their UK company registration number: 01624297) in which a Microsoft staff member implausibly, claimed not to be able to locate the email account(s) I had cited with the information I had submitted. It is not the case, as the email username details I supplied were adequate for a very standard email database records trace. To put matters into a very relatable perspective, for the court’s benefit, my local library in London can do a full trace of every library member account with a ‘Fearon’ surname with the initial ‘W’ timed from the moment of data entry to their appearance on screen in a hand timed approximately 2-3 seconds. My company database controller can carry out the process of checking on our clients at an even quicker pace.As we are concerned with data verification and recovery issues, it is important to remember that comparable organizations with similar supercomputer facilities to those used by Microsoft and Google do exist in the American public sector. Their computer security staff are equally adept at data retrieval and unscrambling and decrypting deliberately hidden information. For example, it is well known, and often and openly reported in the American press that both the FBI and the CIA computer examination forensic squads can recover information data from a rain or fire damaged portable phone and download the stored data on its SIM card. They can also regain seemingly permanently lost data from a formatted, deleted and damaged personal computer hard drive disc, and SCSI or USB memory sticks even after the details have supposedly been wiped. Then after security checks have been carried out they can return the recovered data in a digitized format to the correct owners. Then if circumstances dictate they can provisionally retain the reusable data, pending further enquiries; or keep the data as a forfeit if data transmission regulations or civil or criminal laws are alleged to have been infringed. In relation to data recovery from a mainframe server, the same success rate percentage in data retrieval accuracy is expected of their computer forensic teams. This would also apply when their forensic detectives are examining a mainframe supercomputer that has been exposed to a computer virus infection, or suffered an unexpected and unexplained system crash or hardware or software failure. Both the FBI and the CIA are obviously proud of their abilities in the field of computer data rescue and repair and don’t feel the need to hide their capabilities from the American public. Most likely the fallback method used to affect such accurate high percentage rate data retrieval by American policing and security agencies is, that it is achieved by searching Internet Service Provider data storage records held in a CLOUD data store. In the United Kingdom, our four main Security Service agencies use similar methods and retain full or partial records of every used, email account in Europe that has interacted with a UK internet or email address or those located in a UK overseas territory and can gain virtually unobstructed access to every UK email, corporate website or personal social media account.Given the preceding anecdotal evidence, and its reasonableness, when the comparable memory, speed and processing power of a high performance mainframe cluster of supercomputers as used by Microsoft Plc and its social media divisions, MSN, Hotmail, LinkedIn, etc.; are taken into account, and then compared with the supercomputer facilities used by both the CIA and FBI, each respective organizations mainframe computers would be matchable in terms of terahertz chip speed and random data retrieval access. Thus it can be sensibly assumed, and the sedentary conclusion drawn, that the written comments made by Microsoft staff, suggesting that they are unable to find my email records are little more than a pretext used by the technical and legal staff of each corporation, to prevent me from accessing my email accounts. I am not often prone to enumerating new additions to jurisprudential legal theory, although I have done so in the past; nor am I predisposed to making prescriptive comments or recommendations on future statutory inclusions in the legal canon itself. However, in this case, in the process of the creation of new law, I am willing to assert in relation to the former: that each of the email addresses I have registered in the United States has: (a) attached obvious intellectual property rights; in respect of additions to the latter:(b) it shall be the case that: legitimate retention of an email address conveys implied, and enforceable legal entitlements to the copyright protection of the username registered; and:(c) by extension, the law of copyright will be extended to cover the data contained within the email account irrespective of the format in which it is transmitted or recieved. In nondebatable terms, therefore, I interpret the remit of US statute law, corporation regulations and future judicial court decisions on data protection, as extending to the owners of US registered email accounts the same protected status and right of copyright and proprietal ownership that is given to the person or persons registering a unique internet website domain name, and its purpose or purposes. The aforementioned legal criteria should be applied and adhered to, by all email service providers; regardless of where the email or social media or account owner resides. Overseas residence temporary or permanent is not meant to be a legal loophole for US Information Technology companies who provide internet based services to use to justify their evasion of United States consumer protection laws or copyright legislation that upholds and imposes restrictions on the wanton sale or redistribution of intellectual or intangible property, of which the content of email transmissions are but one form out of many.Circumstantial evidence, suggests that Google LLC and Microsoft Plc work together on the maintaining of email and other social media websites and the transfer of associated data records between them. This is despite United States corporate registration legal guidelines for technology companies which stipulate that all internet collaborations should appear on an Internet Routing Registries list which contains information submitted and maintained by Internet Service Providers on shared projects. This would Include joint corporate enterprises such as the Border Gateway Protocol (BGP) which creates separate Access Control Lists to permit or deny traffic on specific networks based on route registry information. No information on the joint data processing arrangement between Microsoft Plc and Google LLC is as far as I am aware, known to exist. Eventhough realtime information on their combined operations is difficult to obtain, without a warrant, or an installed telecommunications monitoring device the inferential evidence of their collusion, is quite high. Their telecommunications, software and internet market dominance statistically now appears to be close to the level of a market oligopoly, in some regions of the globe.To effect such a tethering of their financial business operations and their computer and information technology processes, there are likely to be a number of undeclared software compatibility tests and financial arrangements between the two companies. At boardroom level the development of their software and internet linked corporate model is likely to be approached from three quite distinct perspectives: firstly, agreement on their combined corporate policies; secondly an agreed set of business rules including; subscription or an agreement to subscribe for securities of one or both companies; or its subsidiaries or to underwrite, sub-underwrite or guarantee subscriptions for any such securities of one or both companies; and thirdly; the outlining of the technical specifications for shared product development and any new technological innovations. Periodically each company’s policies on their joint strategy will be reviewed and developed in consultation, primarily, with each corporation’s investment and strategic planning committee and their respective finance and audit teams. In conjunction with their computing departments each committee will take into account the uncertainty inherent in any forward looking business model and then create a joint software marketing and sales approach. It will need to provide flexibility for accurate future scenario planning; integration with each company’s finance system; and be required to support the iteration and updating of actual software testing results, departmental budgets and official forecasts. Whilst the exact nature and extent of their financial entanglements is predictably more of an issue for a team of Californian state auditors or the IRS, I can, within limits of course, provide a little insight into how certain shared software operational standards are likely to be arrived at by information technology firms working covertly and in unison. In this instance, in order to synchronize their online internet operations, it is likely to be the case that a combined Microsoft/Google programming unit would be assembled, either in one site or clustered across several locations. JavaScript is the shared programming language used by Microsoft and Google joint programming teams, and it supports interactive communications in accessing internet web browsers, popular searchengines and managing downloadable software, music and film videos, internet conference calls and other online applications. The same programming language is also used to manage and operate the communication and hardware access gateways on the internet network server that is nominally controlled by my Internet Service Provider EE. A vertically displayed touch sensitive software screen on a Perspex wall would probably be used to depict and move overlapping data flow and feedback model diagrams. Programmers can then construct an unlimited number of data transmission scenarios for instant display. These would tend to initially be centered on, the data processing requests of an idealized consumer software user or a machine, which would be interactively communicating with an online searchengine or website and any auxiliary email account portals. Both computer programming teams would generally use the same visual schematic model, using known procedures with the test results reflected within a strategic planning model at an aggregated level. Clear visual mobile representation of data programming entities will provide a straightforward monitorable means of capturing the flow of data movement across a hypothetical software website interface. At various stages in the testing process there will be team discussions concerning the value of the inclusion or the exclusion of each modular piece of software programming code and the associated risk factors if any, linked to the code segment remaining as part of the telemobile computer program that has been schematically represented. Once the visual software testing has been completed those items of code found to be inflexible or too lengthy and therefore responsible for limiting the ability of the programming team to refresh the testing model and to run different test case scenarios under times series conditions will also be removed.In this way the software team will reduce the possibility of the deleterious effects of accidental data strings or malicious program code being introduced into, and remaining in the program, and being undetected and effecting the integrity of, for example, a network server access procedure; or a Gmail or MSN/Hotmail password security and user identification and email account access routine. If sections of erroneous code are found at any stage in the implementation process the lead systems analysis team will make functional recommendations and systems programmers will make the necessary syntactical and semantical changes to individual data strings in the program code modules to delete the incorrect data block or lines and to make the amended code much simpler and quicker for software maintenance teams to review at a later stage and for the compiler to process at runtime during the testing of an executable program.It is likely to be the case that Microsoft and Google will use a specially developed cross-compiler as their software programs are built to connect with other computers whose CPU or Operating System is different from the one on which their dual standard independent compilers run.Basic machine to machine, anti-intrusion joint computer software program defenses are constructed, tested and installed when quite specific alterations to retail software are due to be made. For example, when a new version of the Microsoft Windows operating systems is being devised; or when changes to a Google web browser or a Google searchengine and its listing procedures. Software defenses are also normally reexamined when Gmail or Googlemail email new account designs and updates are planned. Appropriate software anti-hacking, anti-virus testing regimes will be even more rigorous than those usually carried out for conventional software upgrades. So the number of hypothetical software consumers trying to access the modelled schematic website or proxy email address set up for stress testing can be increased by several degrees and, exponentially if needs be, and if such stress tests show the inbuilt software defenses to be ineffective in delivering the correct defensive response or responses to an outside threat, solutions will again be drawn up and embedded in the code to rectify any identified problems. Conventionally, this might require, for example an enhanced hypertext transfer protocol for delivering precise computer security defense hypertext manipulation language options and a variety of rigid hyperlinks, for their jointly shared web application programs and internet and social media systems interfaces.However, there are obvious weaknesses in the programmed based security defenses of both Google and Microsoft meaning that neither corporation can ensure that whilst an internet user is connected to one of their software or internet media sites that the server they are connected to is the correct one. Nor can they certify that the data requested by an email or social media account holder from a third party over the internet is the same as that which is delivered or downloaded. There is also a legal implication within all social media and email account contracts, that ostensibly guarantees that rights of the consumer when a website based email message or social media data is received or downloaded from another telemedia or domestic intranet address. It is implied that the data received will be actually in the same format, with the correct semantic content, as originally dispatched from the sender’s ISP internet address and website, or email or social media account. However, such assurance by Google LLC or Microsoft Plc are unsustainable given their limited software security procedures.Both corporations computer security defences arenot strong enough at the junction between website and server to withstand determined efforts to rewrite password data security codes and the subsequent creation by a skilled programmer of an infinite data entry loop which will cause a password security program to accept a string of data or a singular datum but ultimately prevent the successful acceptance of a new password or other user identification code by a server network an email account or a social media website. Additionally, unauthorized new information can be added to the security and access routine of an email or other social media account by a third party. This can grant email or social media account access to a totally different user or a hive of users in remote locations. Eventhough when an original account username remains the same the account holder or holders may have their entitlement to exclusive email or social media access compromised or even denied completely in some cases. Situationally, other than in incidences of an outright email password entry block, the impression is created, despite the intervention by an intruder that the social media or email account and the data within it are still only viewable and under the privileged control of the person or persons who opened and maintained it. Unknowingly, existing email and other social media correspondents can continue to assume that they are communicating exclusively with the correct person or email or social media group. It is often the case that they arenot. Social media and email accounts holders will be unaware that their internet accounts can be cloned and that their private data can be displayed on numerous computer screens as a read and write random access visual data file for some Joe Liges to gawp at in their home or office or on a cellphone on a Palo Alto street corner. This security gap allows the possibility that data can be sent illicitly from an internet user’s email or social media website by an unauthorized person using a cellphone to an unknown and theoretically untraceable ISP address. Genuine social media and email account owners would not even know that their accounts had been either accessed or that their incoming emails had been sent to another file in their email account, or diverted and sent to the email account of another email account user who they do not even know. Whole files. Email messages. Social media data feeds. Downloads. All forms of received social media and email correspondence can be read, altered or deleted by an unauthorized user prior to their email and social media accounts being opened and their correspondence being checked by their legitimate owners. As all American computer scientists know, and I mean all American, a supercomputer mainframe virtual machine in private hands can provide unlimited multiple screening options to unauthorized viewers across the globe. In consequence because of the inability of Microsoft and Google to mitigate against these structural weaknesses in their network and software defences the State expects that both corporations be required to take additional measures, and increase their dilligence in detecting software and network defects. They will be required to ensure, as far as is practicable, that their software and network systems can rapidly determine the scope of any breach in data security before recommending such products to potential purchasers. Thoroughly tested software systems should be able to determine at the end of the test cycle the time and source, of a security breach and whether it originated within the United States or abroad or if it was caused by the actions of an authorized or unauthorized person or if it was due to the planned or unplanned intervention of an unmanned or automated computer system. Suitably configured software defense systems will be able to detect if any data erasure, data duplication or data transfer has occurred if a security breach is discovered. If a breach has taken place both Google LLC and Microsoft Plc must be able to ‘restore the integrity of the data system’ and retrieve if applicable, all displaced data. At the current time both corporations are demonstrably unable to do either. An effective way of promoting more transparent and conformative results in relation to consumer complaints made against large IT corporations is of course to emphasize any known structural or personnel inefficiencies based on first-hand experience and real recorded evidence and then have it relayed back to the relevant institution. I have repeatedly encountered problems in the Microsoft and Google client email data defense, explanation and recovery process. It suggests to me that there is a high probability that both companies use relatively out of date personnel training regimes, at middle managerial level in particular, leading in turn to a conveyor belt of relatively inefficient technical staff with little brain held knowledge of either Californian or US data protection or telecommunications law. Their staff have do not appear to have the sharpened ability to marry US electronic informatique regulations with consumer protection legislation. Their frontline technical staff can be less than capable of reacting dynamically to relatively small changes in the circumstances of social media or email accounts or the account holders. This in turn leads to the maintenance of poor advice records, inefficient time utilization and limited staff accessibility to the newest client data, whether contact with a client is carried out online, in person or over the telephone. This is evidenced by the fact that in relation to the blocking of my email accounts neither corporation’s technical staff could update their legal, or technical database records interactively whilst corresponding with myself whilst on the telephone, or by letter or online. They appeared not to have a customer file with the dates of previous recorded telephone or email correspondence records to hand. Presumably their email and social media customer account digital ledger, or individual account records are just as summarily recorded. I have made over eight email password block related complaints to either Microsoft or Google in the past twelve years. Each complaint should be recorded in a company complaints file or a personal file listing the date of each complaint, coupled with my address and personal details, which incidentally have not changed at all. Judging from their responses to my complaints it would appear that both corporations are prepared to deny in the exchange of particulars, and in court that I have lodged formal complaints regarding email blocked access against them in the past. Complaints which were all resolved after an exchange of emails sent from my now blocked secondary email accounts and letters and interventions by my local Member of Parliament in London. It is also likely, that neither company uses, at selected periodic intervals, modern data sensitivity measurement analyses techniques or regular updates of their defenses as recommended by cybersecurity institutions in the IT industry. Basic attention to such details can help define any prior breach of data security before the launch of new or upgraded software or the changeover to another email or social media platform. For example, in the critical period before a wholescale changeover from MSN email accounts to Microsoft Outlook a data breach sensitivity test should take place to check the security of the connection between an email client such as Microsoft outlook and an email server such as Microsoft exchange.Both corporation’s executive boards are acutely aware that if an information technology based company suffers from exposure to repeated data breaches of its data security defenses; it is a portent for other negative underlying structural conditions including those which may necessitate corporate surgery and financial restructuring. Generally, these are factors that I associate with the onset of industrial and commercial retrenchment and permanent decline.Their corporate level, bulk order sales legal, managerial and technical staff, and their single and large order online and instore level, sales management teams, will also need to reappraise their incorporation of rules from sale of goods, and copyright protection legislation at the point of sale online or instore and be prepared to do so in realtime if it is needed. As of the moment, neither Microsoft or Google can legitimately claim that their risk assessment systems, including it must be said their technical personnel are effective in interactively underwriting and insuring against data security threats to their clients.On first reading it may seem that the matters raised in my dispute with Microsoft Plc and Google LLC do not give rise to a series of data protection legal issues but rather reveal a litany of customer service errors and missed performance parameters. However, there are transparent data protection legal issues involved that support a prima facie claim in a court of law for damages or indeed special damages against the prospective defendants. Elements of the claim can be framed in terms of corporate negligence and the establishment in law of a factual breach of duty of care with foreseeable loss or deliberate corporate maladministration. Now we may turn to the current legal status of the two corporations in relation to their possible failure to comply with US regulatory procedure on the status and meaning of a business joint enterprise for a US company listed on the New York Stock Exchange. Legally, any unlisted commercial collaborations and issues of non-compliance with stock exchange rules, by the two companies are an issue for the market surveillance department of the New York Stock Exchange Regulation monitors. If an investigation by the NYSE is deemed necessary, and proven to be in the public interest, it will be undertaken to protect investors, to prevent manipulation of the market and to restore confidence in the running of either company. An NYSE investigation will look at any claims of unlawful or unethical behaviour by either company and if necessary report their findings to the Securities Exchange Commission to determine whether sanctions are appropriate. When undertaken, the usual reasons for an investigatory probe can be given by the regulatory authorities to the board members of Microsoft Plc and Google LLC. If that is, explanations are genuinely needed. Similarly, for Californian and United States federal taxation purposes, considering the apparent interdependency of each corporation both companies would need to have a declared, beneficial interest, to comply with each tier of relevant taxation law within each jurisdiction. Such a beneficial interest would probably be centered on joint agreements to share software technical specifications, pool software engineering resources and to annotate, list and distribute a number of undeclared and unregistered patents which will deliberately not be submitted to the United States Patent and Trademark Office. Both companies would thus avoid being held liable to pay United States corporation tax on revenue from the sale of all software products that include the patented items or derived intellectual properties. In the European Union in order to comply with relevant territorial legislation, each corporation would also need to file for patent registration marks with the European Patent Office and with the patent office of each national state where their software is sold in order to obtain multiple patent licences for all of the relevant European countries. Each corporation would also escape taxation in the US and the European Union on the nominal royalties gained by their joint investment in tax deductible economies of scale driven research and development programs. Then the proportion of their profits accrued from their lessened industrial process costs, is used to increase their marketing spend, and to saturate selected regional markets with internet, social media or conventional software products increasing their online internet and mobile telephonic presence and monopolising advertising revenue increasing the value of their market capitalisation. It reinforces their warped official corporate view, that their poorly disciplined financial capital base is the leading leverage based economic model for the computer software and internet market and related industries. It is not. It aids their domination of global online searchengine options; and underpins their leading positions in the information technology, internet and software production and associated services markets. It distorts the information technology market leading to each company perpetually recording above the curve abnormal profit margins relative to other competitors in the sector. Year on Year. It provides wholly disproportionate dividend returns for their shareholders and overvalues the earning per share ratio of the entire United States internet industry. Furthermore what is often left publically unsaid, in broadsheet analysis of the US technology sector, in respect of Microsoft Plc and Google LLC, is that their outright dominance of the technology sector routinely forces cellular phone and personal computer manufacturers and distributors in the US, Europe and Africa in particular, to favour their products and to make the inclusion of their internet searchengines and other software a legally binding and compulsory part of any mass order sales agreement. It increases their overall profit margins and revenue and renders the stocking of other software and hardware product options uncompetitive for wholesale importers, online distributors, retailers and insurers. Alternative software manufacturers are unable to compete on price and variety as well as product guarantees and online and over the counter insurance offers. More susceptible to inflationary price increases and are unable to defray passing on increased costs onto wholesalers and online retailers making their products more uncompetitive.Even after subtracting from the economic equation, the often irrational preferences that will persuade consumers to pay more for a particular technology brand rather than pay less for a similar alternative product their current sales statistics give a false picture of the long term commercial prospects and value of Microsoft Plc and Google LLC and their respective revenue intake. Venture capital funds and banks are less willing to treat their software investment and property rights, as low expense, high growth, projected royalty income streams that involve little to no negative cash flow. Thus they will continue lessening the value of their intellectual property and royalty based assets when they are proposed as collateral. This in turn forces both companies to rely more than ever before on short to medium term arbitrage; or expected profit based equity finance; or retained earnings rather than on advances from the banking sector.Each company is required under US law to submit formal returns setting out their marketing and administration expenditure and demonstrating that it has fallen within the limits declared by them. An auditor’s reading of each company’s balance sheet, cross checked with their annual company accounts and likely tax returns, prior to submission to the IRS at both state and federal level will show that their accountancy procedures are deliberately misleading.In relation to my own internet and email profile status, any theoretical conflict of identity issues with anyone living in, or outside of the United Kingdom can be summarily dismissed by the court. Likewise, in the United States, no alternative profiles with the same name or similar and with closely matching details have been brought to my attention by the security or legal teams at either technology corporation and cited as a reason for their joint refusal to reopen my email accounts. I have not seen online any alternative internet profiles bairing my name, which could be mistaken for mine by a stable person with an average IQ. There are no other legitimate claimants to any of the email accounts, I have sent correspondence from, or alternative claimants to the email messages I have received. Neither have I ever, received an email message addressed to someone who could be defined as a namesake and which was clearly not meant for myself. Not a single ground exists for any claims that my email accounts and their contents, were intended for another person and consequently should be held indefinitely or redistributed. Not one. Arguments, suggesting that there might be, would if raised before the bench by either the technical or legal teams of Microsoft Plc or Google LLC amount to little more than tiresome courtroom theatrics, masquerading as reason, and a wholly illegitimate defence strategy, designed to obstruct the court’s right of inquisition and my right to recover access to my email accounts and the data held within them. But, if the prospective defendants insist, that they have world class computer scientists at their disposable, that can double up as telecommunications and data regulation attorneys, to argue the adverse, I’m sure that juristicians and students of legal theory, in the state of California and in the European Union will be intrigued.As a matter of secondary, supporting, and mere inferential interest to the court, I can point out that my professional reputation in Africa, Australasia, Europe, and the United States is extensive. Thus although I live outside of the United States, my current domicile is known to the Central Intelligence Agency, Federal Bureau of Investigation, the National Security Agency and to a group of American lawyers who visit Runnymede in England once in a while. All four groups can confirm, if required, in any manner they choose that I live in the United Kingdom and that I am professionally recognised in Europe. As the Royal Society of Medicine in London, will verify, I am one of the most notable British based medical scientists of the past fifty years. Additionally, I am also a historical figure in American Information Technology, formal logic, logic programming and computer science and was known to boardroom staff at Google LLC and at Microsoft Headquarters in the USA and London prior to my current complaints. My reputation in computing alone was known at the IEEE, Microsoft, Apple, MIT and IBM and at the various collegiate centers of the University of California in the nineteen eighties. Nor am I regarded as an anonymous outlander within the Ivy League teaching and alumni network in both the USA and in London. My contact details, are, logged with various data collection departments at the National Institutes of Health in Bethesda, Maryland, and by, US, financial corporations, teaching academies, and historical societies.If the court for a moment chooses to focus on the conduct of Microsoft Plc and Google LLC and their joint enterprise, it is to be assumed that both corporations believe that they are acting within the parameters of legality. Nothing however, could be further from the truth, their joint conduct and the behaviour of Microsoft in particular, obviously amounts to a clear defense of their conduct centered on blatant false representation and concealment of material facts. The failure by the Microsoft Plc online technical team and their telephone support staff to take the requisite action to restore access to my email accounts, coupled with the written statements I have received from the corporation, indicate that Microsoft’s obstructional behaviour, is intended to ensure that I am severely prejudiced by the delay and constitutes a deliberate and malicious and knowing, foreseeable, and aggressive attempt at restraint of my right to trade and to use my own name in online communications. Such difficulties were obviously foreseen by the MSN/Hotmail technical team before they sanctioned the email password blockages. Therefore, Microsoft broke the implied terms of trust and confidence between an internet email or other social media service provider and a client which is inherent in all telemedia contracts. That such a situation, should persist, without immediate resolution, only emphasizes the clear onesidedness of the security matters involved, highlighting those issues that are to the detriment of myself the data subject and email account user, and those issues that overwhelmingly benefit Microsoft Plc the data service provider and data controller.An inordinate delay in my using my email accounts also allows both Microsoft Plc and Google LLC to claim that each of my email accounts has been inactive for too long and that as a result they are entitled to assert that I have voluntarily ceded my rights to retain each account thereby breaking any legal chain of causation tied to their own conduct and negating the possibility of a civil claim. Both email service providers, would then consider themselves free of any legal responsibility to maintain my accounts and then argue that they have the right to unilaterally close them, and sanction a permanent denial of my right of access, retrieval and transfer of all my email data to any other email account I open. They would not consider theirselves legally obliged to protect my email accounts from being illegally accessed by any unauthorized third party. Effectively, both companies are attempting to force through an act of novation, enacted by the unsanctioned closure of my existing email accounts and the repudiation of each individual email contract. Once that is achieved, the repercussions are, that I am then required to open up new email accounts and reenter into new contracts with each email service provider, but, and here is the caveat, I would then lose my rights to all of the data retained in my former accounts which both companies would then hold on their respective email servers as some type of corporate lien.As a very straightforward cognitive exercise, which the court may undertake before the hearing it is possible, to pose the rhetorical, and ask whether it is reasonable to believe that companies of the size, experience and efficiency Microsoft Plc (listed on the NASDAQ) or Google LLC (again NASDAQ listed, this time under the title of its parent company Alphabet Inc.) could lose track of sent or received email data or lose a complete email account or be unable to verify the details of the owner. A rational mind would quickly consider the facts and conclude that each scenario is almost unthinkable. There is no need for you here to consider an obvious, and rapidly constructed logical but purely semantic counterargument. If a process of email data loss or access denial of this type was to be defined and depicted schematically step by step, by a systems analyst it would be seen as a very simple argument to repudiate and a virtually impossible stance to maintain at a very early stage in the analysis process. Should such corporate practices be confirmed as regular occurrences, the simple possibility would lead to a general brokerage review of the share Price/Earnings ratio of both Google LLC and Microsoft Plc on the New York Stock Exchange, the Paris bourse, the London Stock Exchange where the ordinary shares of both companies are brokered. Similar decisions would probably be carried out by Wei traders on the Shanghai stock exchange on both ordinary and B class shares as well. Microsoft Plc and Google LLC ordinary shares are already apparently, judging by brokerage reports seen by registered stockbrokers and independent investors in North America and Europe alike as overvalued, tradeable commodities, on the grounds, amongst other things, that neither company will adequately guarantee the security, and accessibility on demand of customer data. Moreover, my complaint indicates, that both companies are unable to prove that their data security systems including those concerned with identity verification, have been adequately tested and that they are operating correctly. Neither company can demonstrate to an acceptable standard that their software testing and operational environments are completely separate, and that their network security devices are properly configured. As mentioned earlier it appears to be a fairly straightforward process for an unauthorized person, to be able to obtain Google and Microsoft default network server passwords in order to access the social media and email accounts of other people. A precarity, which of course, increases the risk of financial or systemic disadvantage to corporate clients, to independent traders, medical professionals and members of the general public who use their software or email portals and web sites. Both Microsoft Plc and Google LLC have to take the necessary steps to restore the integrity and defensive soundness of their data telecommunication systems and email and social media sites. It is noted that in June 2018 the CIA pulled out of a proposed billion dollar cloud data storage contract with Google LLC. The court, and the legal community in general, may assume that the reasons I have outlined above influenced the CIA directorate to make the correct decision.We can of course consider it likely that the Central Intelligence Agency would have put it to the tender/bid legal and technical team of Google LLC, during their negotiations over the cost and implementation strategy of the recently aborted proposed Cloud contract that: even when email and social media data is considered to have been ‘erased’ from a database processed on a super computer with a requisite server, from the viewpoint of a computer defense operative, a total eradication or complete disappearance of stored email or social media data is quite difficult to achieve. It is usually the case that such an end gambit is mentally ruled out prior to any computer security forensic investigation. Equally from a physicist’s perspective the likelihood of their being untraceable email or social media data records is also virtually impossible to countenance. You can delete the emails and associated data, such as address book contacts, from a visible and accessible email account, but you can not necessarily destroy them. This would also apply during the immediate damage assessment period immediately after a computer hack has been detected. I was tutored in the same data protection and telecommunications security principles decades ago in university. Before the term cybersecurity was even coined. Such guidelines are familiar to current undergraduate and postgraduate degree students on computer science based courses.Email and other data received via an android device for example, can be stored and backed up in a data cloud and retrieved. I suspect that both Gmail and MSN/Hotmail have done something similar with my email accounts; that is to say, they are likely to have stored my email data on a data cloud server in a third country, the Irish Republic, Iceland, Portugal or Liberia, being distinct possibilities and by doing so they avoid, in theory, United States federal law on the storage, retention and disposal of telecommunicated data records.I would not normally hazard an opinion, on the precise technicalities involved in initiating a full computer system override, from a remote location but on this occasion, I can, in the absence of a confirmation theory offer, a grounded and deductive, but nonetheless still informed speculative view of the options, used to affect the simultaneous disconnection of my internet service and the blocking of my email passwords.Firstly, severing the connections could have been carried out by a rather basic, crude and robotic, Real Independent Computer Controlled Intelligence System, of the type that has been in existence since before the first Gulf war. An automated RICCI system will allow an operator to indulge in enhanced methods of selection and targeting for tactile directed electronic manipulation of a variety of objects. In principle the premise behind the RICCI model, is that an electronically engineered neural network is created and then embedded in the hardware/software interface of a computer. Then the scale, speed and trajectory of synapse to synapse electron activity within the brain’s cerebral cortex can be replicated. The quantum neurological and electronic sensory inputs and outputs which occur when the brain instantiates the electrical muscular activity which controls the tactile movements of human hands for example can be automated and reproduced. A RICCI system can be seen as a variation of the brain computer interface interface modality, used in the control of modern standard neurological implants which allow the enhancement, reproduction and reconnection of neuromuscular electrical signals. If an arm or a leg has been severed in a motorway accident for example, the neurological implant will allow the disabled person to move a prosthetic brain controlled limb (BCL) and the appendages attached to it.Secondly, the computer system override and disconnections could have been initiated via a sequence of electronically aided quantum mechanical human thought processes of the type that convert a: Correlational Opposition-Ratio Enhanced (CORE) neurological electron signal in the brain into an electron manipulation operation. By way of explanation, we may examine in less detail than usual, it must be said, the rudimentary, mid to late 20th century CORE operational, medical and electronic origins of the thought processions, that orchestrate an neuroelectronic manipulative event. More importantly an event that will effect an unattached physical object. Contemporary neuroscience assures us, that the brain’s hippocampi controls memory, spatial navigation and electric fields and that ephaptic communication between the fibers of the nervous system is caused by the exchange of ions between cells. From that which precedes, we can deduce the following, namely, that at the precise moment when ionic interchange occurs in the brain, the electrical fields generated can be microelectronically amplified and their oscillating evoked potentials turned into exogenous neural communication signals. With assistance, an individual can be trained to neuroelectronically generate these hyper sensitive neural electron waves,effectively, becoming a human command and control central node propelling electron particles outwards with a level of kinetic energy, strong enough to mimic the staged gated transmissions of a microelectronic telecommunications network command center. A human brain, wirelessly coupled to a mains or battery powered radio frequency linked portable computer with an inbuilt spectrum analyser, can log and record the correct coordinates of specific locations. Then the brain’s enhanced electron flow of energy can be aimed via the cornea at the circuitry of an electronic switch or at a visible computer in direct view or one secreted in a remote location. The electron surge can replicate the actions of an on or off electrical decision gate by being able to flip the circuitry of an electronic switch or the embedded stop and start button of a personal computer and begin instantiating the starting process. Electronic neurons contained within what is basically a robotronic disembodied electronic brain, can be primed to fire a flow of particle wave electrons transmitting a signal which can be sent through an electro-magnetic field.Essentially, the locate, command, control and eliminate procedure used in a CORE operation to wirelessly attack and incapacitate a computer is an adaptation of the non-invasive, nucleus revolving, medical investigatory techniques that began to be used by radiologists in the early 1990s. Illustratively, and for comparative purposes only, let us look at some very basic medical radiological techniques of the type that might be employed during a surgical operation in the modern era, the 21st century that is. You as a radiologist, are working in a hospital theatre, alongside a neuro-oncologist, an anesthetist, a nurse and a dosimetrist. After having created a viable treatment plan you are scheduled to go into a medical operating theatre to conduct a chemotherapy examination and radiotherapeutic surgical procedure to treat a patient with a malignant cancerous brain tumor.Your planned radiographic data scans, will highlight the patient’s brain structure, cranial neural interaction, healthy tissues and those neuroanatomical substrates and organs at risk which are perfused by major cerebral arteries. Ions emitted by the radiographic scanner will elucidate the cerebral hemispheric organization highlighting each area of cognitive, motor and sensory function and specialised virtual simulation software will provide a clear unobstructed view. By employing a common neuroimaging radiological technique such as Computerised Tomography or Functional Magnetic Resonant Imaging all the radiological activity in the brain can be observed as conformal planned three dimensional televisual imageries on a high definition realtime virtual pixelated computer screen or pictograph images or a sonographic ultrasound display with 360 degree onscreen sliding window rotational field capabilities, and enlargement and miniaturisation focus. What you are then presented with is an unobstructed onscreen map of the shape and location of the tumor which will accurately delineate and localize the area to be treated and the sensitive, cerebral structures and cognitive areas to avoid, when the cancer tumour is being sonicated. A route is outlined and a centrum highlighted for the pulsed external beam of image guided electro-magnetic frequency radiation to lock onto. Then the radiation dosage that will follow is delivered via two-dimensional pencil beams which possess the capability of realtime adjustment achievable by controlling, or modulating, the radiation beam’s intensity and changing the speed and shape of the beam with a multileaf collimator. To ensure patient safety, input from an oximeter watched over by a nurse, is used to monitor the degree of blood oxygenation, blood flow velocity and neural activation in the patient’s brain which radio frequency ablation of this type might impair. Thereafter, guided by you, the radiologist, the neuro-oncologist, can step back and observe with a beam’s eye view the process of curative cancer treatment as the area of a malignant cancerous neuroendocrine brain tumour is eliminated by a precisely targeted beam or several beams from various angles of ionising electron energy eminating from a cathode ray tube linear particle accelerator. Then the radiation emitted will intersect the tumor and damage the DNA of the cancerous tissue halting its growth and leading to its cellular death. However, the magnetic-electron ultraviolet light emitting target in the case of an omnidirectional radiological guided electron probe of a computer hard drive or mainframe server is, quite different to the conventional examinatory matter used by physicians in medicine and associated forensic radiological sciences. Rather than being an invivo or an invitro biological sample or an anesthetised human being, or a corpse in a post mortem autopsy case, the target is an inanimate, static or mobile remote or close field, metallic or non-metallic entity. An object which will be highlighted and colored in various shades of the electro-magnetic spectrum radiating a fluorescent glow.Once the target has been selected, a stream of pulsed energy can manipulate a heat induced cathode ray tube propelling magnetic field particles which are responsive to experiential stimuli and under directional control. The particles would be transmitted over a privately owned and dedicated, and human operated Local Area Network towards the positively charged screen of a PC, it's hard drive, or a Microsoft and EE linked operating system server located elsewhere. If the magnetic-electron beam is on point, it can render a computer or another target immobile or otherwise inoperable, change the data content within it, including in realtime, the text on a web page or the spelling and orthographic outlay of letters on a word processing sheet whilst the file is still open. It can fuse the wiring, or rewrite the machine code on computer hardware, alter the structure of a silicon BIOS chip; or deactivate the cooling fan of a mainframe computer situated in a remote location. It can begin instantiating the computer starting process. Halt the motor of a computer when it is in full and active operational mode or completely erase personal websites, block email passwords and delete or alter computer software. Although the effects of an electron computer attack are known it is an exaggeration to suggest, that a computer screen under an electron cyberattack would give of a telltale sign of an electron overload by giving of phosphorus radiance. This is because the quanta energy of an electron is absorbed by the magnesium-aluminium metal in a computer when a cyberelectron operation of this nature is carried out, so there need not be any visible sign of electron intervention at all. Therefore, I cannot be precise, as to the realtime, the disconnections took place as I do not have an electron or ionising radiation monitor or a magnetic field sensitive transponder attached to my computer which can sense an incoming magnetic surge or an electron overload and can record coordinates, and log and measure incoming precisely aimed electrons. But, if I or any other computer user had such a transmitter device installed on their computer, it could be adapted by an electronician and turned into a sensor array and the data on the stream of electron sent to a positioning system and used for realtime tracking of the position of the sender. If a computer is attacked in this manner each electron sent to it, could be returned, ionic particle by ionic particle to its originating source, or redirected as per the laws of physics as controlled energy targeting the cerebral cortex of another human, or aimed at the beating electrical cardiovascular system of a moving animal stopping the beast in its tracks.In theory, the originating source of the electro-magnetic field energy that caused the disconnection of my internet and email accounts is traceable. You are also well aware, that a system override of a home personal computer or a mainframe supercomputer can also be carried out wirelessly from outside the United States or the United Kingdom; and that a computer system override can be achieved by directed energy emitted from a privately or publicly owned orbiting space satellite or an aeroplane or a radiation beam relayed from earth to a space station reflector and then deflected to hit a target on the planet’s surface.My Internet disconnection could have been carried out and coordinated through the main UK, postal and telephone telecommunications centre in the Mount Pleasant district, of north east London with electronic instructions issued from a PSTN console based computer screen command center with a full duplex switch panel under the control of a human operator. The telecommunications, internet and software systems of Microsoft Plc, Google LLC and EE in the United Kingdom are connected via a closed intranet network linking all three companies, across international borders with the likely acquiescence of state authorities.As regards infringements of the consumer protection laws of various United Nations territories and compositional federal states by the named corporations, my view of the legal position of Gmail and MSN/Hotmail; and EE; in relation to Californian United States, UK, and European Union legislation, is that all three corporations have been, since the 1stof May 2018 in breach of contract law applicable to each territory. In order to aid the court’s understanding of my contractual position with each named corporation, I can state, firstly that the internet connection contract between myself and the internet service provider EE is facilitated via a monthly direct debit arrangement under which I pay a specified amount, for uninterrupted broadband internet access for a set period of time. Actionable grounds for citing a breach of contract by either party are contained in the standard terms and conditions of the contractual agreement. Secondly, I have a set of confirmed online non fixedterm contracts, with both Gmail and MSN/Hotmail, in which reasons for a breach by either party are clearly stated. As regards consumer rights in the United Kingdom these are generally considered to be covered under the: United Kingdom Consumer Protection Act (2015), the remit of the Act is in no way comprehensive and should in my view, extend to the settlement of civil disputes concerning digital content whether it is paid for or supplied free with the option of paid for services. Currently UK law does not adequately cover digitized products and further lawyering and the introduction of new legal regulations on the issue are needed. Of course, what I am alluding to here, in the first instance, is the introduction of an amendment to the UK Consumer Protection Act (2015) that would be in keeping with the proportionate rise in internet commerce and associated payment assurances, mobile telephonic currency transactions, telemedical portable monitors, and injective devices, prosthetics and other wearable surgical equipment, and online personal and financial data storage.An amendment to the UK Consumer Protection Act can ensure that a clause is incorporated, that emphasises the point, that if transmitted digital content does not conform to the relevant contractual obligations, that consumers in the United Kingdom should then have the right to a repair or replacement of the aforesaid digital content. Existing UK consumer protection legislation allows for the reimbursement of the cost of faulty equipment in such situations but entitles no mandatory compensation for data loss. This is an obvious anomaly in the application of UK law.In actual fact, it is my interpretation of the future potential of telecommunications and consumer law in the state of California and throughout the remaining United States, and the European Union and how such new legislation may be applied in practice, is that if, whilst data is being processed digital content is returned or resupplied corrupted, or returned with noticeable omissions after an interruption in the continuity of data transmission has occurred, a consumer, corporate or individual has the legal right to force the corruptor of the data be it a broadband, email or internet service provider if proven, to repair the disarranged digital content, and replace the omitted data or be liable for monetary damages for the loss or the corruption of such data and the individual or corporate consumer may reserve the right to sue in court for monetary compensation in the form of unliquidated damages.An entitlement to compensation would correspond to the enforceable rights and remedies of a hypothetical plaintiff in a civil dispute, concerning the nature of actual, and fixed corporate liability where for example an electricity utility company is defined and assumed in law, as being potentially liable for monetary damages in negligence, devoid of intent, if a circuit breakage or powercut occurred in the home, at a factory, workary or office effecting the processing, legibility or memoritic storage of computerised and processable data held by a complainant. This should apply under the California Civil Code, United States federal law and under European Union legislation where the causal act or omission in question, is legally defined as an event leading to a negligent occurrence due to nonenvironmental factors.Regarding legislative exemptions to the extent of occupational or occupier’s liability in legal disputes involving the disruption of telecommunications transmissions which interrupt the processing of decipherable electronic data and or cause its loss, the court can take note that restrictions in law on the prosecutability of a freehold property owner or the proprietor of a leased or sublet premise be it private or corporate are not countervailing in the state of California. Given the cross border applicability of certain precepts of English law within nations that are predominately English speaking, it remains to be seen whether statutory legal exemptions from civil liability and a claim for damages for potential defendants in telecommunications disputes exist in the US due to what is sometimes termed by juristicians in the United Kingdom as, an Act of God. I may assert too, that complainants in telecommunications, data processing and social media and email disputes in the European Union and the United States should have the right to sue for the restoration of a deleted email account or other types of social media accounts. They should also be entitled to seek an injunction in a court of law, or equivalent authority to prevent the deletion of any email or social media account records by a service provider or the reallocation or sale to a third party by an email or social media service provider of a unique username, password or identification number. It should be borne in mind that an offer by an email or social media service provider to allocate a new username and a new password to a complainant’s profile, should a preexisting account be inaccessible, does not, unless mutually agreed, invalidate a contractual breach by the service provider involving the cessation of email or social media communications and any resultant data loss.Prior to a court or FBI application for an injunction against Microsoft Plc/Ltd and Google LLC preventing either from disposing or selling off my email accounts or usernames or incidentally those of any other American it should be clear to both potential defendants that no alternative accounts are to be set up and installed by third parties on Microsoft or Google owned websites which use the ‘Fearon’ forename and surname email address formats that I have listed and registered. This would apply whether the third party account in the ‘Fearon’ surname is in use as either an email alias or as an alternative email contact address. None of the email accounts I have registered using the ‘Fearon’ surname should be connected by Microsoft or Google to a third party email account or other social media account for the purpose of receiving diverted incoming emails originally intended for one of my listed accounts. Nor should a third party, who has registered an email account in another name be able to use any of my listed email accounts as a contactable and usable alternative email address if a password reset is needed to regain access to their primary email account and an alternative email address is required to receive a reconnection code be it alpha, alphanumeric or numerical. There are specified estimated limitations on the storage space for MSN/Hotmail email accounts (5 Gigabytes) and Gmail accounts (15 Gigabytes) space providing both companies with pseudo contractual reasons for not restoring all received email data. However, as computer mainframe electronicians, at Gmail and MSN/Hotmail know, all incoming emails to my accounts can be stored on a server if storage space in my email inbox is exceeded and it can no longer receive emails. Microsoft Plc or Google LLC have not produced an unanswerable technical or logical barrier to my complaints, and my background in the field of information processing allows me infer that there is not one. Therefore, the court may conclude that their corporate objections to the reopening of my email accounts are based on arguments that are either personal or due an adherence to some form of twisted political ideology and likely to have been endorsed at boardroom level and filtered down for enforcement by the management of their technical data recovery teams.In my opinion the ordinary shares of Microsoft Plc and Google LLC have a higher risk attached to them and mutual lower earnings growth potential in relation to other corporations in the telecommunications sector. Board members of both companies or a surrogate company, or independent brokers acting on their behalf will probably covertly buy their respective individual companies ordinary shares to uphold their share price and their company’s market capitalisation value, both of which are, as implied previously, grossly overvalued. Personnel details on the Google LLC board were unobtainable using online search engines. If they were viewable, I assume that they would reveal a number of interesting fiduciary appointments as well as unnamed trustees. The exoffficio members of their board would effectively form an institutional constructive trust whereby each person in a fiduciary position would be entitled to make an unauthorized and undeclared profit on their shareholdings or on the residual on any loans they have made to the corporation. despite the lack of transparency surrounding the details of the composition of board of Google LLC, the names, and ages of the Microsoft Plc board of directors and executive committee members were generally available online. Many of the names listed are aliases, used for tax avoidance purposes and a combined list is shown below:Satya NadellaAge 50William Gates IIIAge 62John ThompsonAge 68Charles NoskiAge 64Helmut Gunter PankeAge 71John StantonAge 62Teri List-StollAge 54Charles ScharfAge52Sandra PetersonAge58Padmasree WarriorAge 56Reid HoffmanAge 50Hugh JohnstonAge 55Penny PritzkerAge 58Arne SorensonAge 58Additional criteria on possible infringements of data privacy law are outlined in: Section.B.178 of the: California Electronic Communications Privacy Act (1986); detailing the legal prohibition of a third party from intercepting or disclosing electronic communications without authorisation from the data subject. It is my understanding upon reading the CECPA, that the status of my email accounts and their contents are also covered under section A.B.1541 as I am prevented from using my registered email addresses when combined with the correct password for access to my accounts. Indeed, the court may like to refer to: Senate Bill No.46 Chapter 396 of the State of California CivilCode2013 an act to amend Sections 1798.29 and 1798.82 of the Civil Code, relating to the retention of Personal Information and Data Privacy, by an agency, person or business in California in reference to a breach of the security of a computer system or personal data held within it. In this instance the security breaches would be the disconnection of my internet access and the rejection on input of my user identification codes and passwords for my email accounts and subsequent blocked email access. It should be noted by the court that the act stipulates that: ‘In the event of such security breaches being confirmed, the controller of the personal data is required to reveal any breach of the security of the system or data, to the person or organization whose data security is at risk or is believed to have been acquired by an unauthorized person’ or by an automated computer system. In particular, this applies to situations where a breach of data security involves the interception, retrieval and use thereafter of personal information that would permit access to an online email or other social media account by a third party.I would like a formal judicial recommendation to be made to both the Secretary of the Department of Justice and the Secretary of the Department of Business Oversight, in the state of California. I am advocating the passing of a future amendment to: Section 1798.29 of the State of California Civil Code relating to the retention and processing of personal information by a California based corporation. Subsequently matters can be sent to the Attorney General of the State of California with an additional recommendation that an amendment be made to the relevant act within the Californian Civil Code to include a clause which codifies the legal rights of overseas US and non US citizens, and foreign domiciled citizens resident in the state of California whose data is retained, processed and retransmitted over the internet or routed by telecommunications satellites owned by a US corporation with a fixed legal corporate identity and which is registered in the State of California for taxation purposes.Currently, individual citizens resident in the state of California and Californians who reside overseas or travel abroad for vacations, work or study, as well as other American citizens who use telecommunication services which are owned and controlled by Californian companies and who suffer a disconnection to their mobile telephony, or internet telecommunications, on for example a smartphone, kindle or a laptop computer or undergo a loss of their email services, resulting in a disruption to commercial or private activities, which may or may not include data loss; have limited enforceable rights of regulatory or statutory redress under either Californian consumer protection law or state data telecommunications legislation when their cause for complaint(s) arises irrespective of the location or locations. Californians arenot, it seems entitled to mandatory and equitable compensation, monetary or otherwise as justifiable payment for their inconvenience, loss of amenities and any resultant pecuniary disadvantage. So further legal remedies to protect Californians, and other American, digital data consumers are justifiably needed.At this juncture, I feel unfortunately, compelled to prepare you for my usage of a little more Latin, needed to emphasize a point of potential judicial deliberation on international law, the individual and the extent of territorial jurisdiction and whether such elements can be reenvisaged, interpreted and applied domestically in the state of California. Forthwith, it should be apparent to the court that the issues raised by the conduct of Microsoft Plc and Google LLC involve their international subsidiaries, based in the European Union. Most notably the Republic of Ireland. In light of such arrangements the, doctrinal legal principle of: erga omnes may have to be adopted in a mutually agreed manner to specifically enhance and protect the rights of individual citizens of the state of California and by implication, American citizens at home and abroad and non-Americans who use corporate services owned and supplied by American companies.The United States: Freedom of Information Act (1966) should in principle also apply in a US Federal civil law suit, involving myself as a single plaintiff or as a plaintiff likely to be cojoined with others in joint litigation against either Google LLC (Gmail); or Microsoft Plc/Ltd (MSN/Hotmail) or both. On this issue the advisory directions of the court as to the applicability of the of the Act may prove invaluable during the pretrial period. As the email blockage dispute involving Google(Gmail) relates to the activities of a United States company headquartered in California, my complaint may, and I stress may, also relate under Californian law to plausible grounds for civil litigation against Google LLC/Microsoft Plc under the: California Public Records Act (1968).To take this argument a stage further, the court might like to consider judicial rulings and statutory orders made under European Union legislative statutes, and European Union individual member state territorial bylaws, the state of California Civil Code, and United States federal law. In the first instance, it might well be the case that, Gmail, and MSN/Hotmail are in breach of the: United Kingdom Data Protection Act (1998/2018) and the UK General Data Protection Regulations Act 2018, in that they are restricting my rights as an individual to make a Subject Access Request regarding my own data as defined under the Act. Their actions amount to a clear breach of the legislation. As stated earlier it has to be recognised that neither corporation has taken the requisite technical and organizational security measures to prevent the unauthorized or unlawful processing, transfer, loss or destruction of personal data. Both corporations should be aware that the precourt settlement of UK Data Protection claims, are, referred to in European Union law on Alternative Dispute Resolution, and, supervened under: Article 15 of the European Union General Data Protection Regulations (GDPR 2018) which emphasises my rights as a data subject, to access my own data, and to be informed if such data is being shared with 3rdparties. A comparison with California and United States federal data law, on the sharing of data information with 3rd parties may also be regarded as appropriate by the court. All of my Gmail, and MSN/Hotmail email accounts and auxiliary records, such as the starting date of each contract, and which were stored on an updated Cray or an old IBM mainframe server before, on or after the 1st of May 2018 will have to be intact when my accounts are restored. Upon reviewing each agreed contract, I have determined that there is an absence of justifiable cause for the cessation of each internet service. I have committed no contractual infringements that would legally permit any of the providers to cease supplying their services with or without notification. I am not suggesting that it is illegal, for an email provider or internet service provider to act arbitrarily and without notice to interrupt internet or email telecommunications access. It is legal to do so, under particular circumstances as prescribed by Californian, United States, and individual European Union territories law. However, I am, in contravention, asserting that there are no legal grounds for preventing my internet and email access under Californian Law, United States Federal Law, or European Union law as introduced by the European Union Parliament or the European Commission or by the legislature of individual European Union member states. There have been no infringements by myself of laws, that relate to the illegal misuse of methods of telecommunications or forming and sending or attempting to send transmittable data of a malcontent and unlawful nature, be it crypted or unencrypted. Generally applicable prescriptive telecommunications and data protection legislation in the European Union and the United States relates to the prevention of a number of categories of auditory, visual, tactile telecommunicated acts, data transmissions, or, micro-transactions (including touch screen communications) and allows the permissibility of lawful intervention by a state agency, a service provider or a citizen. Disruptive methods employed include the retention of social media, or email data or the blocking of the transmission retransmission of stored data held in a social media or email account. Such interruptions are usually carried out, as we know, to prevent relayed data transmissions that would lead to a foreseeable threat to public safety or in extreme cases leading to a state of emergency. Restrictions on data transmission can also be employed to foreclose on telecommunications activities that could lead to or encourage the possible moral degeneration of a minor. Intervention may also be required to desist data transmissions that provide information that would assist in the abscontion of a suspect or a fugitive. There are also other generally specified or unspecified consensual legal grounds for intervention that reoccur from time to time within the jurisdiction of the state of California, or under the encompassing remit of United States federal legislation, or within the shared judicial territories of the European Union and which are all currently, valid legal reasons for intervention in telecommunications transmissions. However, the legal proviso to be considered here by all jurists, state agencies and citizens contemplating the sanctioning or legitimising of an intervention in data transmissions is, one of fidelity to lawful convention, and therefore interference in telecommunications and data displays should be justifiable, lawful and proportionate.Moreover, it should be noted that: Section 5(a) of the Federal Trade Commission Act (FTC Act) (15 USC §45)expressively states in clausal form the illegality of: ‘unfair or deceptive acts or practices in or affecting commerce, by a corporation and which causes or is likely to cause substantial injury to a consumer, and cannot be reasonably avoided by a consumer’. Its utility as a practical piece of data transmission law may need to be examined by the Bureau of Consumer Protection and members of Congress in the state of California. An amended state legislative codicil should be introduced into the California Civil Code based in part on the FTC Act. Guidelines, should be centered on the settlement of complaints by individuals wishing to litigate (including the self-employed) citing infringements of their contractual and commercial rights by corporations, or public authorities accused of using unfair, or deceptive practices or both. Public policy, as established by statute, regulation, or judicial decisions made in court, may be considered withall other evidence in determining whether, assuming intent can be proven, or negligence established, a particular corporate act, omission or practice falls outside the boundaries of legality.To encourage the expediation of the prompt lifting of restrictions on my ability to access my Gmail, and MSN/Hotmail registered email accounts(which are, as stated previously, in effect United States public, records); If the matters in dispute are not resolved by an exchange of particulars, within the next 28 days then either myself or an attorney acting on my behalf may retain the right to request, or petition (as I believe it is termed) the bench requesting that the prospective plaintiffs are made aware of the requirement that they comply with the law regarding the full disclosure, of any court, FBI, NSA or police orders issued in the State of California. This legal stricture applies to both Google LLC and Microsoft Plc and imposes an obligation on them to reveal any known court orders, police requests or directives from a state agency, in the European Union, sent to state authorities in California requesting the restricting of the disclosure of my registered email accounts and their content and any other associated public records. It also places the onus on Google LLC and Microsoft Plc to release upon request all available evidence supporting a European Union state, Californian or United States government agency’s decision of nondisclosure of my email account records.In cases where there have been legal precedential court rulings on the extent of the territorial remit of US law enforcement the court may like to review the declaratory judgement in the case of: US v Watchmakers of Switzerland Information Center Inc. 133 F Supp 40(1955), where certain activities undertaken by a US corporation put it in conflict with US legislation at the federal or municipal level. A similar legal principle was applied in the European Union legal theatre in respect of the questionable conduct of company subsidiaries in the case of: A Ahlstrom Oy V Commission [1988] ECR 5193. The court may also refer to the U.S Supreme Court appeal case ruling in the case of: United States v Microsoft Corp (2017); and the ultimate judgement of the bench, regarding the extraterritorial rights of US law enforcement agencies seeking to retrieve electronic data from an obstructive data holder Microsoft Corp, under: Section 2703 of the Stored Communications Act(SCA,1986), which set a legal precedent requiring American companies to produce remote data of which it has full control, when it is stored on servers outside of the United States, with no territorial limitations through the serving of SCA warrants. As I understand the matter, the FBI can ask for the creation of a mutual legal assistance treaty between the United States and another nation to assist in their data recovery during an investigation which requires cross-border law enforcement. Unfortunately, the right to use similar cross border legal entitlements and arrangements, are not legalities extended to Californian citizens.Expanding the remit of international law enforcement and cooperation on telecommunications and data mutual legal assistance treaties will need the inclusion as cosignatories of a number of nations who have not yet signed a joint protocol with the United States. Any new agreements that can be reached should provide legal coverage and protection for individual private US citizens involved in data and telecommunications disputes outside of the United States. These proposals will need to be considered in committee by Californian State and US Federal legislators.As the court knows the remit of the SCA has been superceeded and amended through the introduction by the United States Congress of the: Clarifying Lawful Overseas Use of Data Act H.R.4943 (Cloud Act 2018) a piece of legislation which allows US federal law enforcement agencies to compel US registered technology and telecommunications and data companies to provide requested data stored on a server on demand. Or require a corporation to supply the data upon receiving an appropriate warrant or subpoena irrespective of whether the data is stored in the United States or in a foreign territory. Further supersucession in law, on the range of both the CECPA and the CLOUD Act, is needed. A clarifying piece of legislation can be introduced by the state of California to incorporate a clause which caters for the legal entitlements of individual Californian citizens in relation to data processing and information transfer. New statutory changes to Californian law will need to be capable of being interpreted by an attorney or a court as legislative enactments which pair the rights of the individual in the state of California with the entitlements given to various States, Federal, civil, criminal and financial law enforcement agencies. Of course the implied complexity, in introducing new legislation at each level of the American legal system and the rigor needed to uphold such enactments will vary. Regardless of such minor impediments, in my opinion these future rights should be mandatory entitlements for all Californian and American citizens unless prescribed by statute and lawful reasons apply for statutory restrictions.Indeed, the court may like to refer to: Senate Bill No.46 of the State of California Civil Code regarding the retention of Personal Information and Data Privacy, in reference to a breach of the security of a system or its’ data, in this instance the disconnection of my internet access and the rejection on input of my user identification codes and passwords for my email accounts and blocked email access. I would like a formal judicial recommendation to be made to both the Secretary of the Department of Justice and the Secretary of the Department of Business Oversight, in the state of California advocating the passing of a future amendment to: Section 1798.29 of the State of California Civil Coderelating to the retention and processing of personal information by a California based corporation. Subsequently matters can be sent to the California state Attorney General with an additional recommendation that an amendment be made to the relevant act within the California Civil Code to include a clause which codifies the legal rights of overseas US and non US citizens, and foreign domiciled citizens resident in the state of California whose data is retained, processed and retransmitted over the internet or routed by telecommunications satellite owned by a US corporation which has a fixed legal corporate identity and is registered in California for the purpose of taxation.Microsoft Plc and Google LLC have both been involved in a clear abrogation of their legal contractual obligations. Citizens of the state of California, the United States, and European Union member states, local legislators and the judicial wing of the European Commission and Parliament have a clear legal interest in discouraging, preventing and if necessary, punishing such conduct. A breach of contract in relation to an agreement entered into by a European Union citizen, a Californian citizen and a United States corporation, regardless of whether the breach is carried out by a European registered subsidiary of the said United States company, in European Union territory or the breach is due to the actions of the US parent company, is a matter of interest to Californian citizens, state legislators, consumer protection organizations and citizens of the rest of the United States and to citizens of the European Union.In summation, I believe that I have not only made a compelling case in law against Microsoft Plc and Google but in addition, I have laid out reasonable grounds for the further harmonization of the law in California in relation to mobile telecommunications issues, and data disputes concerning the misuse of data, its’ loss, or inaccessibility and unwarranted interventions in data transmission when such incidents take place outside of the United States.It would be appreciated if the Department of Legal Affairs of the state of California, could take note of my opinions, and liaise with the DOJ and DOBO; and, the Sacremento Superior Court could forward my letter of complaint in the appropriate manner, to the head of Data Control/Legal Affairs at the Microsoft Corporation, Headquarters at One Microsoft Way, Redmond, WA 98052-6399.Yours SincerelyDr William F FearonCC: A. France and Sons, London, EnglandCC: Legal Department, Viterbi School of Engineering, University of Southern CaliforniaCC: Legal Department, Royal Society of Medicine, London, EnglandCC: Washington State Bar AssociationCC: A. Cheater, The Hundred, EnglandCC: CEN-CENELEC Management Centre, Brussels, BelgiumCC: Administrative Office of the Courts, Olympia, Washington State, USACC: Brain and Gamble, London, England