TERMS AND CONDITIONS
For the purpose of these TERMS AND CONDITIONS (Customer shall also visit Tata Communications Limited's web site "http://www.in2biz.in" for the latest/updated information and latest/updated/amended TERMS AND CONDITIONS, which shall also be binding on the Customer) unless otherwise specified in the subject or context the following terms shall be deemed to have the following meanings:
1. Definitions:
Associate - Means a person, whether an individual, firm, company, association of persons or any other entity that represents Tata Communications Limited in a designated Associate Area and adds value by marketing and maintaining Service(s) to the Customers
Associate Area - Means any portion of an area within the LOCAL AREA, which has been identified and designated as Associate Area within which the Associate has to perform his duties under an agreement with Tata Communications Limited and includes a whole building located within the said Associate Area.
Broadband - TRAI (Telecom Regulatory Authority of India) has defined broadband as "An always on data connection having the capability of minimum download speeds of 256 kbps".
Bundled Services - Means the Service offered by Tata Communications Limited which provides the Customer with a combination of two or more services.
Charges - Refers to the price points mentioned on the website and payable to Tata Communications Limited for the type of service requested by Customer as determined by Tata Communications Limited from time to time.
Customer - Means any person who has agreed to avail under these terms and conditions Services from Tata Communications Limited and to pay all the Service Charges for the Services provided to Customer and/or their authorized person or persons.
Customer Premises - Means the address and location indicated by the Customer for using the Service(s).
Day - Means 24 hours commencing from 0.00 hrs and ending with 24.00 hrs and includes a part of the day.
Download - Means viewing / copying / receiving any data from the internet down to CPE/PC/ Device
Financial Institution - Means a Bank/Financial Institution or any other lending agency with which Tata Communications Limited has a tie-up for offering Bundled Services to the Customer.
GB - Means Gigabyte.
Installation - Means installing the Service(s) at the Customer Premises by connecting the PC/ Device/ CPE with the respective network and may include installation of the required software for using the service.
Internet - is a global information system that:
- is logically linked together by a globally unique address, based on Internet Protocol (IP) or its subsequent enhancements/upgradations.
- is able to support communications using the Transmission Control Protocol/ Internet Protocol (TCP/IP) suite or its subsequent enhancements/upgradations, and all other IP Compatible protocols.
IP - Means Internet Protocol
IP Address - Operation of Internet service requires IP address, which is at present 32 bit binary address. This is required for each connection on Internet.
IP Telephony - Means a service to process and carry voice signals offered through public Internet by the use of Personal Computers (PC) or IP based Customer Premises Equipment (CPE) connecting the following: -
a) PC to PC; within or outside India
b) PC in India to Telephone outside India
c) IP based H.323/SIP Terminals connected directly to ISP nodes to similar Terminals; within or outside India.
Except whatever is described in condition above, no other form of Internet Telephony is permitted.
The customer can use Internet Telephony to make voice calls over the Internet through Services by using services of authorized Internet Telephony Service Providers only.
LAN - Means Local Area Network involving use of two or more computers through a LAN system.
Message - Means anything falling within sub clause / Paragraph 3 of section 3 of Indian Telegraph Act 1885.
Month - Means calendar month commencing from 1st of every month till the end of that month and includes a part of the month.
Pre-paid - Means a method of payment for services availed/subscribed that allows a customer to prepay for a set amount of duration in advance of actual usage. Generally, a customer's prepaid account is debited on a real-time basis so that actual usage cannot exceed the prepaid amount until an additional pre-payment is made.
Post-paid - Means a method of payment for internet service where a customer pays for a portion of the services and usage in arrears, subsequent to consuming the services.
Service Charges - Refers to charges payable depending upon the type of service requested by Customer.
Services or Service - Means all types of content & application services, Value Added Services (VAS), Internet Telephony and all such associated Services offered by Tata Communications Limited
Static IP Address - is a number (in the form of a dotted quad) that is assigned to a computer by an Internet service provider (ISP) to be its permanent address on the Internet.
TCP - Means Transmission Control Protocol.
Usage Bill - Means the bill indicating the charges payable by the Customer for the Service(s) availed from Tata Communications Limited for each billing period.
Tata Communications Limited - refers to Tata Communications Limited (formerly known as
Videsh Sanchar Nigam Limited) a Company incorporated under the Companies Act, 1956
and having its Registered Office at LVSB, Kashinath Dhuru Marg, Prabhadevi, Mumbai
400 028, which has been granted a License by the Government of India, Ministry of Communication, Department of Telecommunication for providing Internet Service and which has established network system for providing such Internet Service.
Year - Means calendar year comprising of 12 calendar months commencing from 1st January and ending with 31st December and includes part of the year.
2. Service Activation
- Customer will have to register on the website http://www.in2biz.in and provide name, contact & address details. The credentials received, will be used to update / inform customer with respect to various subscription details / reminders / alerts and correspondence.
- On receipt of Service Subscription Charges and other levies if from the Customer, Tata Communications Limited will intimate & provide access to the Customer with the relevant subscription & usage details.
- Tata Communications Limited shall make reasonable efforts to provide services (content & application) to all applicants. However Tata Communications Limited's ability to provide Connection may be affected by factors outside Tata Communications Limited's control such as physical distribution, geographic, topographic, meteorological or other telecommunication networks.
- The Services provided by Tata Communications Limited is only for the product / service / application requested by the applicant. Any migration of subscription details requested by the Customer will be at the sole discretion of Tata Communications Limited and subject to payment of such charges as may be determined from time to time depending upon the circumstances prevailing at that point in time.
- The Customer shall ensure to understand the configuration & system requirements of the product / service needed for installing and using the application, before its purchase. Neither Tata Communications Limited nor the Associate shall be responsible for installation of software required to use the product and the Customer shall ensure that competent persons have satisfactorily done the same. Without prejudice to the foregoing Tata Communications Limited or the Associate will render the required customer advisory service sans recourse.
- Tata Communications is not responsible for compatibility problem(s) due to change of hardware/ software at the customer premises. The Customer has to verify with Tata Communications and migrate to a suitable plan (if necessary) should there be a compatibility problem due to change in hardware/software by the Customer.
3. Billing & Payments
- Tata Communications Limited reserves the right to vary the tariff/charges as well as the facilities available under various Service packages.
- Tata Communications Limited shall determine the charging pattern of the package or scheme opted by the Customer and the Customer shall pay as per the pattern set by Tata Communications Limited.
- Content - Any paid content would be clearly indicated on the site.
- Mode of payment by Customer would be through Payment Gateway – Credit card / Debit
card / Net banking
- Service tax/other statutory levies as applicable would be payable by the Customer.
- Should any Customer contend contend that he has been billed wrongly, the onus would lie on him to prove the same with documentary evidence. After necessary examination and scrutiny, if the customer is proved right, Tata Communications shall refund the excess money collected by the Customer.
- Tata Communications Limited shall have the right to check, investigate and verify the credentials of the Customer and prospective Customer including their financial standing before and after extending Services and to employ or avail the services of any person or agency for such purposes; Tata Communications Limited shall have the right to disconnect Services permanently should the Customer be a defaulter in payment without any refund from Tata Communications Limited.
- Tata Communications Limited may be required to disclose any information or particulars
about the Customer to any authority, statutory or otherwise, including but not limited
to any debt collecting agency, credit reference agency, security agency, financial
institution or bank and Tata Communications Limited reserves the right to comply
with, at its discretion.
3. Billing & Payments
- Tata Communications Limited reserves the right to vary the tariff/charges as well as the facilities available under various Service packages.
- Tata Communications Limited shall determine the charging pattern of the package or scheme opted by the Customer and the Customer shall pay as per the pattern set by Tata Communications Limited.
- Content - Any paid content would be clearly indicated on the site.
- Mode of payment by Customer would be through Payment Gateway – Credit card / Debit card / Net banking
- Service tax/other statutory levies as applicable would be payable by the Customer.
- Tata Communications Limited may be required to disclose any information or particulars about the Customer to any authority, statutory or otherwise, including but not limited to any debt collecting agency, credit reference agency, security agency, financial institution or bank and Tata Communications Limited reserves the right to comply with, at its discretion.
4. Performance and Up gradation of SERVICE.
- Tata Communications Limited reserves the right to conduct a survey to seek feedback of the customer on the Service(s) provided by Tata Communications Limited.
5. Prohibitory Clauses
- The Customer shall ensure to use Service(s) as per the prevailing laws of the country. The Customer shall ensure that the service is not used for any illegal and or antinational activity. The Service shall not be used in any manner that may endanger or make vulnerable any network infrastructure. Violation of any of these terms and or any acts such as break-ins or attempted break-ins of Indian networks will be regarded as anti-national acts and shall attract penal action by the concerned authorities, including but not limited to disconnection by Tata Communications Limited.
- The Customer shall not send unsolicited messages and shall not send messages (spamming) to Tata Communications Limited or anyone else in a language that is prohibitive, defamatory, vulgar, vituperative, or otherwise via Services. Should the Customer violate this condition, Tata Communications Limited reserves the right to disconnect Service(s) permanently without prejudice to any other action under the laws of the country.
- The Customer is required to ensure that objectionable or obscene or pornographic messages or communications, which are inconsistent with the established laws of the country, are not made by him or by any other person using his facility. Should the Customer violate this condition, Tata Communications Limited reserves the right to disconnect Service(s) permanently without prejudice to any other action under the laws of the country.
- The Customer shall not resort to hacking or destroying the Internet sites including the websites of Tata Communications Limited. The Customer is required to desist from putting unsolicited messages on server hosted at Tata Communications Limited's premises. Should the Customer violate this condition, Tata Communications Limited reserves the right to disconnect Service(s) permanently without prejudice to any other action under the laws of the country. The Customer shall not object to any steps taken by Tata Communications Limited to prevent sending or receiving spam mails through the service. The Customer shall ensure that objectionable or obscene messages or communications inconsistent with the established laws of India are not made, created, downloaded, modified, transmitted or retransmitted by the Customer or any other person using the Customer's ID and password.
- The Customer is prohibited from misusing or copying the software supplied by Tata Communications Limited as the Copyright of the said software is protected and misusing or copying of the same is likely to attract legal action under Copyright Act 1957.
- The Customer is prohibited from transferring the rights and facilities to any other person. The Customer is not permitted to commercially exploit Service(s) without the prior written permission of Tata Communications Limited and upon compliance of such terms and conditions as may be determined by Tata Communications Limited. The Customer is given only a limited use of Services.
- The Customer is required to fully comply the provisions of the Indian Telegraph Act, 1885, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time.
- The Customer is required to ensure that IP Telephony is used as permitted by the Government of India, Ministry of Communication and Information Technology, which is mentioned in the definition section of this terms and conditions.
- Tata Communications Limited reserves the right to disconnect Service(s) permanently, without notice, without prejudice to any other action under the laws of the country, should the Customer violate any of the conditions contained herein.
- Tata Communications Limited reserves the right to control/monitor the functionality of the service / application provided to the Customer, from its end, during the Service period
6. Liabilities and Responsibilities of Customer
- The Customer assumes total responsibility and risk for use of the Service(s) which is provided on an "AS IS and AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. Neither Tata Communications Limited nor its Associate make any such or such other express or implied warranties, with regard to any merchandise, information or service provided through the Internet and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely the Customer's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the service or in the Internet generally.
- Neither Tata Communications Limited nor the Associate warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
- The Customer understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Customer's access to such materials will be at his own risk. Tata Communications Limited or the Associate has no control over the same and accepts no responsibility whatsoever for such materials.
- Under no circumstances shall Tata Communications Limited, its Associates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Customer's use of or inability to use the service or access the Internet or any part thereof, or Customers' reliance on or use of information, service or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance.
- It would be responsibility of the Customer to ensure that the password, where provided, is kept secret and not disclosed to anyone and to change the password immediately after installation. The Customer shall not part with the password with anyone and Tata Communications Limited shall not be held liable for the misuse of the Customer's facility under any circumstances.
- Tata Communications Limited reserves the right to engage Associate to render Customer care service for handling the complaints of Customer. Upon such engagement Tata Communications Limited will intimate the Customer about the same and thereafter the Customer shall deal with the said Associate.
7. Force Majeure
If at anytime, during the continuance of Services, the performance in whole or part, of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the Customer shall not have any claim for damages against Tata Communications Limited in respect of such non-performance or delay in performance of Service(s).
8. Disputes
If any dispute arising out of these terms and conditions require intervention and/or adjudication by Courts then the Courts located within the limits of City of Mumbai will alone have jurisdiction and jurisdiction of other Courts are hereby excluded.
9. Disclaimer
While every effort is made by Tata Communications Limited to provide highest quality of services to the Customer, the Customer acknowledges that the linking, quality and speed of data transmission of the Customer with the network is entirely dependent on various external factors and agencies/appropriate authority over which Tata Communications Limited has no control. Accordingly, Tata Communications Limited shall in no event be responsible to the Customer with Tata Communications Limited's network computer or the deficiency in data transmission between the Customer and Tata Communications Limited network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from.
10. Liability
Notwithstanding anything mentioned in this terms and conditions if Tata Communications Limited is not able to provide the service as determined for any reason whatsoever, the liability of Tata Communications Limited shall be limited to the amount paid by the customer to Tata Communications Limited or Associate for installation of the said services.
14. Intellectual Property Rights
14.1 End User Licenses
- Customer shall comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with the Service including, without limitation, the Tata Communications Limited Software License Agreement, as these agreements may be amended from time to time. All end user licenses will terminate upon the termination of this Agreement, and, at such time, Customer/ Subscriber shall destroy all versions and copies of all software received by him/her in connection with the Service.
14.2 Authorization
- Customer shall comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with the Service including, without limitation, the Tata Communications Limited Software License Agreement, as these agreements may be amended from time to time. All end user licenses will terminate upon the termination of this Agreement, and, at such time, Customer/ Subscriber shall destroy all versions and copies of all software received by him/her in connection with the Service.
- Tata Communications Limited does not claim any ownership of any material that Customer shall publish, transmit or distribute using the Service. By using the Service to publish, transmit or distribute material or content, Customer shall (i) warrant that the material or content complies with the provisions of this Agreement, (ii) consent to and authorize Tata Communications Limited, its agents and affiliates to reproduce, publish, distribute, and display the content worldwide and (iii) warrant that Customer have the right to provide this authorization. Customer shall acknowledge that material posted or transmitted using the Service may be copied, republished or distributed by third parties, and agree to indemnify, defend and hold harmless Tata Communications Limited, its agents and affiliates for any harm resulting from these actions. Any sensitive or confidential information posted, stored, transmitted or disseminated by Customer is done so at his/her sole risk, and neither Tata Communications Limited nor its Associates shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions. Customer shall acknowledge that software programs claiming to be capable of encryption are commercially available. Tata Communications Limited makes no representation or warranty regarding the effectiveness of these programs
14.3 Copyright in the Service
- Title and intellectual property rights to the Service are owned by Tata Communications Limited, its agents, suppliers or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. The copying, redistribution, reselling or publication of any part of the Service without express prior written consent from Tata Communications Limited or other owner of such material is prohibited.
14.4 Material Downloaded from the Service
- In addition to any content that may be provided by Tata Communications Limited, Customer may access material through the Service that is not owned by Tata Communications Limited. Any such material may be downloaded from the Service only for personal, non-commercial use, and not allowed to redistribute that material over any network (other than a residential home network located in the Premises) or sell or offer for sale that material. Unless other terms and conditions expressly apply to specific content, Customer may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any material downloaded from the Service; any other copying, or any redistribution or publication of any downloaded material, including, without limitation, posting to any other online service, must be with the express permission of the relevant copyright holder. In any permitted copying, redistribution or publication of copyrighted material, any changes to or deletion of any copyright notice are prohibited. Other terms and conditions may apply to use of any content or material made available through the Service that is not owned by Tata Communications Limited. Customer shall read those terms and conditions to learn how they apply to them and the use of any content other than that of Tata Communications Limited.
15. Content Usage
15.1 End User Licenses
"You" and "your(s)" refers to each person who subscribes to the In2biz account.
a. License
- Tata Communications Limited grants You a non-exclusive, non-transferable, limited right to view and privately exhibit ("Use") the Content in strict conformity with the terms of this License.
- All and any other use of the Content is strictly prohibited. Without limitation to the aforesaid, You agree not to reproduce, copy, distribute, transmit, publish, publicly perform or exhibit, alter, adapt, customize the Content or any portion thereof. You agree that the Content is for Your personal use only and any commercial use is strictly prohibited.
- You understand that the Content shall include technological measures for the protection of the Content and to permit Use of the Content as per the usage rules. You undertake not to make any attempt to override or circumvent any of the technological measures or alter, amend or change the usage rules embedded into the Content or in any manner facilitate the same. Any violation of the above clauses will invite both civil and criminal liability under the Information Technology Act, 2000 and any other applicable law.
b. Usage Rules
Tata Communications Limited shall allow You to use the Content on the following basis:
Pay-Per-Period - Upon payment of a fee you will be allowed to use a single asset, a collection of assets or an entire subscription service (as the case may be) for a specified period of time.
c. Your agreement to this End User License
Tata Communications Limited reserves the right to change, modify, add or remove portions of this User License or the terms or conditions contained herein at any time. Changes will be posted periodically on the Portal. Your buying of the Video Content following the posting of any changes will mean that you have accepted the changes. Besides the terms of the User License, You agree to abide by the general Terms of Use, Code of Conduct, Privacy Policy and all other terms and conditions that may be imposed by Tata Communications Limited for allowing access to the Portal .
d. Indemnification:
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Tata Communications Limited and its affiliates, directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of any breach of the terms of this License or any applicable laws or regulations.
e. Disclaimer of Warranty; Limitation of Liability
i) ALL CONTENT ON THIS PORTAL IS TRANSMITTED AND DISTRIBUTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT. Tata Communications Limited MAKES NO WARRANTY THAT THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, FREE FROM VIRUSES OR SECURITY BREACHES NOR DOES Tata Communications Limited MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE PORTAL. ANY CONTENT OBTAINED FROM THE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
ii) Tata Communications Limited WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR FINANCIAL DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING YOUR ACCESS TO AND USE OF THE PORTAL OR THE UNAVAILABILITY OF THE SERVICES.
f. Intellectual Property Rights
All Content on the Portal is protected by applicable copyright laws and international treaties and may not be used in any manner other than for your personal use to the extent allowed by Tata Communications Limited.
Tata Communications Limited has sourced the Content from third parties and has been adequately licensed to provide the Content to you on the Portal. Tata Communications Limited has taken all reasonable care to check the adequacy of the rights of the third party content providers. If you believe that your or any third party's Intellectual Property Rights have been violated by the Tata Communications Limited's inclusion of any part of the Content on the Portal, please send the following information to Tata Communications Limited at support@in2biz.in:
- description of the copyrighted work or other intellectual property right that you claim has been infringed;
- description of where the material that you claim is infringing is located on the website;
- your name, address, telephone number and e-mail address where Tata Communications Limited may can contact you
Tata Communications Limited will promptly forward your notice to the relevant content provider and may request additional information before removing the infringing content from the website.
g. Termination of License
Tata Communications Limited and You may terminate this License at any point in time before or during Your use of the Content. Further, termination of the Service in accordance with the terms herein shall automatically terminate the License granted herein.
Upon termination of this License by either party, Tata Communications Limited shall not be liable to refund any part of the subscription fees for the remaining period.
h. Miscellaneous
You may not assign any of your rights or delegate any of your obligations under this License without Tata Communications Limited's prior written consent. This License shall be subject to and construed in accordance with the laws of India and any action brought in connection with this License or the Service shall be subject to the exclusive jurisdiction of the courts in Mumbai. If any provision of this License is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent permitted under applicable law. If any provision of this License shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. The provisions of Sections d, e & f above shall survive termination of this License
16. ADDITIONAL TERMS AND CONDITIONS
DOMAIN NAME REGISTRATION
Tata Communications Limited Domain Registration Service ("Domain Service") is provided to you under this Service Agreement ("Service Agreement") that supplement Tata Communications Limited's Terms of Service ("TOS") (http://in2biz.in/termsconditions.aspx) which is incorporated herein by reference.
By completing the Domain Name registration process, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of the Service Agreement and TOS.
Tata Communications Limited reserves the right to update and change, from time to time, the Service Agreement. You can find the most recent version of the Service Agreement (http://in2biz.in/termsconditions.aspx) and the most recent version of the Tata Communications Limited's Terms of Service at the URL indicated above.
1. THE SERVICE
Tata Communications Limited has chosen Net 4 India Limited (" Net4India" ) to provide domain name registration services. You hereby authorize Tata Communications Limited to acquire your selected domain name from Net4India. In order to receive a domain name, you must agree to Net4India's terms and conditions located at http://www.net4domains.com/html/legal/domainstc.html. You understand that you are creating a separate contractual relationship between you and Net4India, and that you, and not Tata Communications Limited, are responsible for all fees, liability, and obligations in connection with that relationship.On registration of your domain name you are required to check the global WHOIS database to confirm the details of your domain registration. Discrepancy if any, with respect to your domain name registration details shall be reported at feedback@in2biz.in
within 30 days from the day of registration for rectification. If you do not report discrepancy if any, within the above stipulated time Tata Communications Limited shall not be liable for the same.
You hereby authorize Tata Communications Limited to list itself as the billing contact, technical contact and name server in connection with your domain name and to take any actions Tata Communications Limited deems appropriate in those capacities. However, upon termination of the Domain Service, Tata Communications Limited may immediately cease acting in those capacities and reserves the right to transfer your account to Net4India for collection of past-due amounts.
2. FEES AND BILLING
Fees will be charged annually and is non-refundable and non-creditable. Tata Communications Limited will automatically bill you service fees until you submit a cancellation notice. If your payments are past due for any reason, the Domain Service may be terminated and removed from Tata Communications Limited's servers and all the information contained therein deleted permanently.
3. RENEWAL
Unless Tata Communications Limited provides notice otherwise, Tata Communications Limited will automatically renew your domain name on an annual basis prior to the expiration of your domain name's initial registration period. In order to ensure that domains are renewed in a timely manner without an interruption of service, each domain billed through Tata Communications Limited will be renewed 15 days prior to each annual anniversary (multi-year domains will be renewed 15 days prior to the end of the last year).
4. INDEMNITY
You agree to indemnify and hold Tata Communications Limited, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Domain Service, your use of the Domain Service, your connection to the Domain Service or your violation of any laws, regulations or rights of another.
5. REPRESENTATIONS &WARRANTIES
You represent and warrant that you are using the Domain Service in good faith and that you have no knowledge or reason to believe that domain name or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party, including, without limitation, any third party's copyrights, patents, trademarks or trade names. You also warrant that the Domain Service will not be used in connection with any illegal or morally objectionable activity or in connection with the transmission of unsolicited commercial email.
6. TERMINATION OF SERVICE
You understand and agree that Tata Communications Limited has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to immediately suspend or terminate the Domain Service. Please note, you will not be entitled to a refund of any fees, either initial or renewal fees, you have paid to Tata Communications Limited in the event Tata Communications Limited or you terminate the Domain Service.
7. USER RESPONSIBILITIES
Use of the domain name is entirely on your accord and discretion and we bear no involvement of control on the adoption and use by you of the domain name. You shall be solely and entirely responsible for any consequences including any costs, losses or expenses howsoever arising from the same. On becoming aware that use of the domain name by you is objectionable/ illegal and/or on receiving any orders or directions from any Court of law or any other appropriate authority, we shall notify you to cease the use of the subject domain name. You shall immediately cease to use the domain name on receiving any notice from us to that effect and any subsequent use by you of the domain name shall entitle us to take action as we may deem appropriate. Further, we retain the unrestricted right to terminate/block the use by you of any domain name that may be held to be objectionable/illegal or otherwise in the event of any direction/order for termination/blocking received by us from any Court of law or other appropriate authority to that effect. Also you shall indemnify us and keep us indemnified from any damages, costs, expenses, or other losses whatsoever suffered or incurred by us arising from, out of or in relation to the use by you of the domain name.
BUSINESS MAIL
Your use of Electronic Mail ("E-mail") is subject to these Additional Terms of Service ("Additional Terms") that supplement Tata Communications Limited's Terms of Service ("TOS") (http://in2biz.in/termsconditions.aspx)
which is incorporated herein by reference.
Tata Communications Limited reserves the right to update and change, from time to time, these Additional Terms. You can find the most recent version of these Additional Terms (http://in2biz.in/termsconditions.aspx) and the most recent version of the Tata Communications Limited's Terms of Service at the URL indicated above.
1. THE SERVICE
Tata Communications Limited agrees to provide you with a Web-based mailbox to send and receive electronic mail ("e-mail"). Tata Communications Limited has set no fixed upper limit on the number of messages you may send or receive through its e-mail service; however, there is a limit on the storage space associated with your e-mail account, which varies according to the base package and the extra storage purchased by each customer.
Notwithstanding the foregoing, Tata Communications Limited retains the right, at Tata Communications Limited sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our e-mail services to other customers and to protect our computer systems.
2. PAYMENT TERMS ANDCANCELLATION
Please note, unless Tata Communications Limited gives notice to the contrary, payment for E-mail will be billed on an annual basis and the same would be non-refundable. If you cancel your E-mail account before the end of the annual term, your cancellation will take effect at the end of that term. If payment, including renewal fee, is not received within the specified time for any reason, your E-mail account will be cancelled and all the information contained within it deleted permanently. Tata Communications Limited accepts no liability for information that is deleted due to non-payment.
3. RESTRICTION OF TRANSMISSIONS
Your right to use Tata Communications Limited's e-mail service is personal to you. You agree not to resell, sublicense, assign or transfer any right in the e-mail service, without the prior express written consent of Tata Communications Limited. Tata Communications Limited will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary.
You agree that Tata Communications Limited shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of e-mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
4. DISCLAIMER OFWARRANTIES
You understand and agree that E-mail is provided "AS-IS" and that Tata Communications Limited assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
5. RESERVATION OFRIGHTS
Tata Communications Limited expressly reserves the right to modify, suspend or terminate your account and refuse current or future use of any Tata Communications Limited service, including E-mail, if Tata Communications Limited, in its sole discretion believes you or someone on E-mail account has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the Tata Communications Limited's TOS or these Additional Terms.
6. USER CONDUCT
You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Tata Communications Limited, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service.
You agree not to use the Services to engage in or assist or encourage others to engage in illegal, harassing or abusive conduct, including, without limitation, to :
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Tata Communications Limited official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
Use of the domain name is entirely on your accord and discretion and we bear no involvement of control on the adoption and use by you of the domain name. You shall be solely and entirely responsible for any consequences including any costs, losses or expenses howsoever arising from the same. On becoming aware that use of the domain name by you is objectionable/ illegal and/or on receiving any orders or directions from any Court of law or any other appropriate authority, we shall notify you to cease the use of the subject domain name. You shall immediately cease to use the domain name on receiving any notice from us to that effect and any subsequent use by you of the domain name shall entitle us to take action as we may deem appropriate. Further, we retain the unrestricted right to terminate/block the use by you of any domain name that may be held to be objectionable/illegal or otherwise in the event of any direction/order for termination/blocking received by us from any Court of law or other appropriate authority to that effect. Also you shall indemnify us and keep us indemnified from any damages, costs, expenses, or other losses whatsoever suffered or incurred by us arising from, out of or in relation to the use by you of the domain name.
WEBSITE HOSTING
Your use of Web Hosting Service ("Service") is subject to these Additional Terms of Service ("Additional Terms") that supplement Tata Communications Limited's Terms of Service ("TOS") (http://in2biz.in/termsconditions.aspx)
which is incorporated herein by reference.
Tata Communications Limited reserves the right to update and change, from time to time, these Additional Terms. You can find the most recent version of these Additional Terms (http://in2biz.in/termsconditions.aspx) and the most recent version of the Tata Communications Limited's Terms of Service at the URL indicated above.
1. THE SERVICE
The Service provides the ability both to create and to publish a World Wide Web site. Your right to use the Service is personal to you.
2. PAYMENT TERMS
Please note, unless Tata Communications Limited gives notice to the contrary, payment for the Service will be billed on an annual basis and the same would be non-refundable.
If you cancel the Service before the end of the annual term, your cancellation will take effect at the end of that term. If payment, including renewal fee, is not received within the specified time for any reason, the Service will be cancelled and all the information contained within deleted permanently. Tata Communications Limited accepts no liability for information that is deleted due to non-payment.
In addition, Tata Communications Limited may terminate the Service for any failure to follow the Additional Terms by you. Such termination of the Service may result in the deactivation or deletion of your Tata Communications Limited Web Hosting Site, and the forfeiture and relinquishment of all files contained in your account.
3. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Tata Communications Limited, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. You agree that you will not:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Tata Communications Limited official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam."
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
- offer for sale or sell any item, good or service that violates any applicable law or regulation.
- use of the domain name is entirely on your accord and discretion and we bear no involvement of control on the adoption and use by you of the domain name. You shall be solely and entirely responsible for any consequences including any costs, losses or expenses howsoever arising from the same. On becoming aware that use of the domain name by you is objectionable/ illegal and/or on receiving any orders or directions from any Court of law or any other appropriate authority, we shall notify you to cease the use of the subject domain name. You shall immediately cease to use the domain name on receiving any notice from us to that effect and any subsequent use by you of the domain name shall entitle us to take action as we may deem appropriate. Further, we retain the unrestricted right to terminate/block the use by you of any domain name that may be held to be objectionable/illegal or otherwise in the event of any direction/order for termination/blocking received by us from any Court of law or other appropriate authority to that effect. Also you shall indemnify us and keep us indemnified from any damages, costs, expenses, or other losses whatsoever suffered or incurred by us arising from, out of or in relation to the use by you of the domain name.
Tata Communications Limited does not claim ownership of the Content you place on your Tata Communications Limited Web Hosting Site. You acknowledge that Tata Communications Limited does not pre-screen Content, but that Tata Communications Limited and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
PC SECURITY SHIELD
This is a desktop and a laptop security service provided by F-Secure. A EULA will be given to the customer at the time of service installation
MOBILE SECURITY
This is security application for mobile & handheld devices provided by F-Secure. A EULA will be given to the customer at the time of service installation
COLLABRIX
This is a audio & web conferencing application provided by Linqware Inc. A EULA will be given to the customer at the time of service installation
E-CHECKPOST
This is Internet security application, which stops potentially unwanted site access or download unwanted content to your business PCs, provided by Content Keeper Technologies. A EULA will be given to the customer at the time of service installation
MSALES
This is Sales Force Automation service provided by Mobicule Technologies. SFA system includes sales forecasting, order management and sales lead tracking system on Mobile. A EULA will be given to the customer at the time of service installation
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