BROADBAND TERMS AND CONDITIONS

For the purpose of these TERMS AND CONDITIONS (Customer shall also visit Tata Communications Limited's web site "http://www.tataindicombroadband.com" 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 who represents Tata Communications Limited as Tata Indicom Associate 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 Connection along with a PC/Device for using the Service(s) wherein the connection & the PC/Device is provided as a composite offering and is financed through Financial Institution at its own discretion.

. Connection Type or Type of Connection - Means any one of the Service Packages requested by the Customer for availing the Services.

. Connection - Refers to all activities associated with providing of Services for accessing internet by the Customer or by his authorized person at Customer Premises, through Tata Communications Limited or its authorized Associate.

. Connectivity Charges - Refers to the one time up-front, non refundable charges payable to Tata Communications Limited for the type of connection requested by Customer as determined by Tata Communications Limited from time to time, which includes service activation charges.

. CPE - Means Customer Premises Equipment, including the Modem and/or Router / Set Top boxes / Others installed by Tata Communications Limited at Customer Premises and required for accessing the Internet. The CPE may be either owned by Tata Communications Limited or the Customer.

. Customer - - Means any person who has agreed to avail under these terms and conditions Services from Tata Communications Limited and to pay all the Connectivity Charges and 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 with the help of Service(s).

. 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 network of Tata Communications Limited and may include installation of the required software for connecting to the Internet.

. 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. Typically it is required for ports of routers and other Tata Communications Limited equipment and also for connections to be provided to end Customer

. 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.

. Last Mile Linkage - Means linking the Customer's PC/ Device and/or the CPE with the network equipment of Tata Communications Limited/ Associate through cables or any other medium.

. Local Area - Means an area between the address of the Customer PREMISES and nearest network equipment of Tata Communications Limited and /or Associate as applicable.

. 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.

. PC/Device - Means the personal computer or device similar to a personal computer supplied by Tata Communications Limited under the Bundled Services.

. POP - Means the Point of Presence set up by Tata Communications Limited in the Associate Area situated at the address which would serve as a connectivity point for providing the Service(s) to the Customer .

. Pre-paid - Means a method of payment for internet service that allows a customer to prepay for a set amount of internet usage 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 Internet access/content services, Value Added Services (VAS), Internet Telephony and all such associated Services offered by Tata Communications Limited under its Service Packages currently under the brand Tata Indicom Broadband.

. Service Packages - Means any one of the packages or schemes introduced by Tata Communications Limited from time to time and to which the Customer has opted for at the time of signing this agreement.

. 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 having its Registered Office at Videsh Sanchar Bhavan, Mahatma Gandhi Road, Mumbai - 400 001, 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

1. The Customer shall submit an application duly signed along with consent to agree by these terms and conditions to Tata Communications Limited directly or through any of its Associate along with these terms and conditions seeking the Service(s).
2. The address of the Customer Premises where the Customer desires to have the Service(s) installed by Tata Communications Limited shall be the address given in the relevant column in the APPLICATION FORM duly completed and signed by Customer.
3. Tata Communications Limited reserves the right to conduct a technical & economic feasibility study for obtaining a feasibility report for providing the Services at the said Customer Premises.
4. Upon receipt of the said report recommending to the effect that the Service(s) to the Customer Premises is feasible the Customer's application for the Service(s) will thereafter be processed by Tata Communications Limited for further action.
5. Tata Communications Limited or its Associate after satisfying itself about the correctness of the information stated in the said application by the Customer, will intimate Customer to pay the required charges together with such taxes, duties and levies as may be determined by the authorities.
6. On receipt of Connectivity Charges and other levies if any as mentioned in the preceding clause from the Customer for Services at the Customer Premises, Tata Communications Limited will intimate the Customer the relevant details of the associate concerned and the applicable local area.
7. For removal of doubts if any it is hereby clarified that the Connection and Service(s) will be provided by Tata Communications Limited at the Customer Premises indicated by the Customer in the above said application form only upon the Customer unconditionally accepting these terms and conditions. For this purpose the Customer shall sign these terms and conditions as a token of having accepted the same and deliver it to Tata Communications Limited.
8. Customer shall grant to the personnel authorized by Tata Communications Limited, during such time as per Tata Communications Limited'S discretion, access to Customer Premises as may be necessary for installation and maintenance of CPE and or the software required for connecting to the Internet. The general and special property in the CPE shall vest exclusively with Tata Communications Limited.
9. Tata Communications Limited shall make reasonable efforts to provide Connection 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. Tata Communications Limited reserves the right to provide Connection at its sole discretion as per its network design considerations. It is expressly understood that application to this service does not guarantee Connection from Tata Communications Limited. Tata Communications Limited shall however provide the Service(s) of the acceptable grade, consistent with the established and generally accepted standards on a best efforts basis.
10. The Connection provided by Tata Communications Limited is only for the specific 'Connection Type' requested by the applicant in the application form. Any migration of 'Connection Type' 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.
11. The Customer shall ensure to understand the configuration of CPE/PC/ Device needed for installing and running the Connection for the Internet package, before its purchase. Neither Tata Communications Limited nor the Associate shall be responsible for installation of software needed for the internet package 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.
12. (i) Upon getting the Connection the Customer shall get an E-mail address authorized by Tata Communications Limited. Tata Communications Limited will use this E-mail address for sending the communications to the Customer. In case the customer has provided an alternate email ID then Tata Communications Limited may also send communications to that Email ID , however the primary Email ID for sending communications will be the Email address provided by Tata Communications Limited. The user id and password provided by Tata Communications Limited/ created by the Customer , for accessing the service shall remain the exclusive property of Tata Communications Limited, and the Customer is permitted to use the same only during the validity period of the Service , and as such the right to use the same ceases at the end of the period. Tata Communications Limited reserves the right to withdraw, amend, modify or delete any user id and/ or password at any time without assigning any reasons therefore.

(ii) Tata Communications Limited 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 Limited and migrate to a suitable plan (if necessary) should there be a compatibility problem due to change in hardware/software by the Customer.

• Tata Communications Limited reserves the right to reject the application of the Customer for availing the Bundled services if the financial institution rejects the loan application of the Customer.

3. Billing & Payments

1. Bills for Service Charges will be sent by E-mail to the email address assigned to the customer as mentioned in point 12.(i) above. The e-mailing of the bill to the Post-paid Customer will be the conclusive Proof of Delivery of such communication and no complaints regarding non-receipt of such communication is tenable in law and on facts. Tata Communications Limited reserves the right to change the method of communication as it deems appropriate. The Post-paid Customer is therefore well advised to check for the Service Charges bill sent to him/her and shall act accordingly. Tata Communications Limited also reserves the right to send other communications by email to the Post-paid Customer at their email ID as allotted by Tata Communications Limited. Communication made by Tata Communications Limited through email shall be conclusive Proof of Delivery of such communication and no complaints regarding non-receipt of such communication is tenable in law and on facts.
2. Post-paid Customer would be liable for payment of the Service Charges according to the terms of the package or scheme opted for by the Customer and as modified by Tata Communications Limited from time to time.
3. It would be the responsibility of the Post-paid Customer to make payment of the Service Charges on a periodical basis. Tata Communications Limited shall disconnect the service in case of non-receipt of such payment within the stipulated time without notice to the Post-paid Customer.
4. Tata Communications Limited reserves the right to change the periodicity of billing from time to time and to vary the tariff/charges as well as the facilities available under various Service packages.
5. 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.
6. Content - Any paid content would be clearly indicated on the site. For time based plans, time spent on the content site would be charged according to the plan. For DSL volume based plans, MB of content data consumed would be charged according to the plan.
7. To avoid disconnection of Service(s) the Post-paid Customer shall pay within the stipulated date payment of Service charges levied by Tata Communications Limited. The customer shall not wait for the receipt of the relevant bill in the case of packages/schemes requiring advance payment of the monthly Service Charges.
8. Non receipt of monthly bill cannot be a ground for non-payment of the monthly charges and Tata Communications Limited reserves the right to declare the Post-paid Customer as a defaulter and will enforce the terms for such default.
9. Without prejudice to the foregoing Tata Communications Limited will email to the Post-paid Customer bills as per the billing cycle of the customer.
10. Non-payment of bill/other dues whether to Tata Communications Limited or Financial Institution with respect to the Service(s) herein within the stipulated time would entail disconnection.
11. Pre-paid customer's account will automatically get disconnected on expiry of the validity period or the pack value whichever is earlier.
12. Upon disconnection, to get themselves reconnected the Customer will have to pay reconnection charges as specified by Tata Communications Limited , along with Service Charges during which period the Connection and Service(s) remained disconnected, if and as applicable. Tata Communications Limited will decide if the reconnection charges are to be paid immediately on disconnection or to be paid after a stipulated period from the date of disconnection.
13. Tata Communications Limited reserves the right to levy "Late payment fees" as determined by it from time to time, in case the Customer does not pay the bill within the stipulated time for payment.
14. If the Customer does not apply for reconnection within a stipulated period from the date of disconnection, Tata Communications Limited reserves the right to permanently terminate the Connection provided to the Customer.
15. Tata Communications Limited shall reconnect the disconnected Connection only subject to payment of all outstanding by the Customer including the Late payment fees & the Reconnection charges, if and as applicable.
16. Tata Communications Limited reserves the right to charge an interest free security deposit from the Post-paid customer. The deposit shall be refunded to the customer at the time of Service termination after adjusting all outstanding payable by the Post-paid customer.
17. Tata Communications Limited reserves the right to charge an interest at a rate determined by it from time to time and calculated on the monthly balance method. The interest will be charged on amounts outstanding and due to Tata Communications Limited apart from any other charges.
18. Should the Post-paid Customer's cheque get dishonored more than 3 times in a year, the facility of payment by cheque will be withdrawn. However notwithstanding the above Tata Communications Limited reserves the right to proceed against the Post-paid Customer legally as it deems fit. The Post-paid customer will have to pay the requisite cheque returned charges per cheque as applicable.
19. Customer would have the option of direct remittance of Service Charges to Tata Communications Limited account, or through Associate wherever applicable and available.
20. Mode of payment by Customer would be Cheque/DD/Pay order drawn in favour of Tata Communications Limited and payable at the nearest location of Tata Communications Limited.
21. Outstation cheques, postal orders and money orders will not be accepted. Cash can be paid at Tata Communications Limited owned/authorized counters.
22. Cheques will not be accepted after the due date.
23. Service tax/other statutory levies as applicable would be payable by the Customer.
24. Should any Customer contend that he has been billed wrongly, the onus would lie on him to prove the same with documentary evidence. In case of Post paid customer, the Customer shall pay up the amount outstanding against the bill and raise a claim separately to prove his contention. After necessary examination and scrutiny, both for prepaid and Post-paid, if the customer is proved right, Tata Communications Limited shall refund the excess money collected by it from the Post-paid Customer and in the case of prepaid Customer, credit the account to that extent without changing the validity of the account.
25. 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.
26. 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. Ownership of Equipment

1. The title to all CPEs and the wiring supplied by Tata Communications Limited, shall always remain with Tata Communications Limited. The Customer shall not claim any lien, charge or any form of encumbrance over such equipment at any time .The Customer is entitled only to Services.
2. No equipment installed by Tata Communications Limited shall be removed from Customer Premise without the prior written consent of Tata Communications Limited. It is expressly agreed that the general and special property to the equipment shall vest exclusively with Tata Communications Limited.
3. The ownership of the PC/Device by the Customer in case of bundled offerings, shall be governed as per the terms & conditions of the agreement signed by the Customer with the Financial Institution.

5. Performance and Up gradation of SERVICE.

1. Tata Communications Limited would try to upgrade Network capacity so as to provide desired speed of connections to the Customer. However the Customer understands that he may not be able to operate at the desired speed at all times.
2. All Internet Nodes of Tata Communications Limited may be interconnected with high-speed links provided by other agencies, that are responsible to maintain these links as reliable as possible. However, they do not own any responsibility in case of interruptions in the network beyond their reasonable control. Tata Communications Limited does not take any responsibility whatsoever for any interruption caused by the quality of these links and no claim for damages or any other liability whatsoever will be entertained by Tata Communications Limited either from the Associate or from the Customer or anyone else in this regard.
3. In order to provide speed of connection of Service(s) or otherwise, Tata Communications Limited reserves the right to upgrade the Service(s) without prior intimation either to the Associate or the Customer.
4. Services may be suspended in whole or in part at any time without notice if the network requires urgent modification or maintenance. Tata Communications Limited shall make all reasonable efforts to minimize the frequency and duration of such events.
5. 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.

6. Service discontinuation (for Post-paid customer)

1. The Customer can discontinue Service(s) by providing a written notice to Tata Communications Limited of at least 3 (three) working days prior to the end of the month for which the Post-paid Customer has paid all Service Charges. Tata Communications Limited would stop providing Service(s) to the Post-paid Customer from the end of the billed month. Tata Communications Limited shall always have the right to withdraw the CPE and the Cables which right shall be exercised on discontinuance of Services.

7. Shifting of Connection Location

1. It is expressly understood by the Customer that the Connection provided by Tata Communications Limited is location specific. Connection will be provided at the location indicated by the Customer against the 'Connection/Installation Address' in the application form.
2. Shifting of the location of Connection and Service(s) from the Customer Premises by Tata Communications Limited to another location in any other premises will be done by Tata Communications Limited, subject to technical and economic feasibility and subject to Customer applying for the same in the prescribed form and paying in advance the charges for relocating the connection at the new address.
3. Tata Communications Limited does not guarantee and/or will not undertake transfer if the said feasibility report indicates that the transfer is not viable technically or otherwise. Tata Communications Limited or Associate will not be liable to pay any refund of the amount paid for installation of the said services in case the Customer requests for a shift of location to an area where the Services are non feasible.

8. Prohibitory Clauses

1. The Connection is given by Tata Communications Limited only for providing Service(s) to the Customer alone. The Customer may not reassign the service to any other third party. Service(s) is not for resale.
2. The circuit will be extended on point-to-point basis and no network will be connected. For any network connection the required approval of Department of Telecommunication or the applicable Basic Service Providers shall be taken in advance by the Customer. The Customer shall not use any hardware and or software that are unlawful or not permitted by the appropriate authorities. The Customer shall make available on demand to Tata Communications Limited, full and complete access to the equipment connected to Tata Communications Limited's Service(s) for technical scrutiny and detailed inspection. The Customer shall not use any encryption equipment that is beyond the level permitted by the appropriate authority without the prior written permission from the appropriate authority. In all such events the Customer shall ensure to deposit one set of keys with the appropriate authority and submit one copy of the written approval/permission issued by the appropriate authority to Tata Communications Limited before installing any such equipment.
3. The Customer shall ensure to use Service(s) as per the prevailing laws of the country. The Customer shall ensure that the network 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.
4. 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) and the Connection permanently without prejudice to any other action under the laws of the country.
5. 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) and the Connection permanently without prejudice to any other action under the laws of the country.
6. 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) and the Connection 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The Customer who is desirous of obtaining interconnection with Tata Communications Limited who wants to use this interconnection for the provisioning of Internet services to its customers shall ensure to have a valid ISP license from the appropriate authority and will also need to have the express written permission of Tata Communications Limited.
12. The Customer shall not connect any device to the Service(s) without the express written permission of Tata Communications Limited. The Customer is not authorized to change the setup without prior written approval from Tata Communications Limited.
13. The network setup connection to the Service at the Customer premises will be as per Tata Communications Limited'S approval only. Any change or alteration of the same by the Customer or any person acting on their behalf without express consent of Tata Communications Limited is expressly prohibited.
14. Tata Communications Limited reserves the right to disconnect Service(s) and the Connection 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.
15. The Customer shall not use the Device supplied by Tata Communications Limited under Bundled Services on any other network other than that of Tata Communications Limited till such time the Customer fully repays dues to the Financial Institution.
16. Tata Communications Limited reserves the right to disconnect Service(s) & Connection permanently if the Customer defaults on the payment to the financial institution in case of Bundled Services.
17. Tata Communications Limited reserves the right to control/monitor the functionality of the Device provided to the Customer , from its end, during the Service period.

9. Liabilities and Responsibilities of Customer

1. If the Customer has no right or has a restrictive right to use the areas abutting the Customer Premises and public road, it is the duty and responsibility of the Customer to obtain necessary permission in writing from concerned authorities like landlord, society, etc. permitting Tata Communications Limited to lay cables to Customer Premises through the areas abutting the Customer Premise.
2. The Customer is required to use the necessary equipment that includes Telecom Engineering Centre (TEC), New Delhi approved Interface Equipment for accessing the Service(s) . In case where it is necessary to pay charges to the appropriate authority for connecting the equipment, the Customer shall complete the necessary formalities with local offices of the aforesaid authorities.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

10. Force Majeure

1. 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).

11. Disputes

1. 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.

12. Disclaimer

1. 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.

13. Liability

1. 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

1. 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

1. 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.
2. 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

1. 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

1. 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 TATA INDICOM BROADBAND NETWORK 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 and/ or using TATA INDICOM BROADBAND NETWORK.

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 feedback.content@vsnl.co.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

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://mybusiness.tataindicombroadband.com/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://mybusiness.tataindicombroadband.com/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.content@vsnl.co.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. 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.

4. 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.

5. 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.

6. 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.

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://mybusiness.tataindicombroadband.com/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://mybusiness.tataindicombroadband.com/termsconditions.aspx) and the most recent version of the Tata Communications Limited's Terms of Service at the URL indicated above.

1. THESERVICE

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://mybusiness.tataindicombroadband.com/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://mybusiness.tataindicombroadband.com/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:

1. 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;
2. harm minors in any way;
3. 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;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. 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;
6. 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;
7. 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."
8. 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;
9. 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;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. "stalk" or otherwise harass another;
12. 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;
13. offer for sale or sell any item, good or service that violates any applicable law or regulation.
14. 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.

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 your Content, your use of the Service, your connection to the Service or your violation of any laws, regulations or rights of another.

5. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. the service is provided on an "as is" and "as available" basis. Tata Communications Limited disclaims all warranties of any kind, whether express or implied.
2. Tata Communications Limited will make reasonable efforts to maintain the service, however, Tata Communications Limited is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
3. any material downloaded or otherwise obtained through the use of the Service 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 download of any such material.

6. LIMITATION OFLIABILITY

You expressly understand and agree that Tata Communications Limited Shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tata Communications Limited Has been advised of the possibility of such damages).

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.

SERVER SECURITY

This is security application for servers 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.

ONLINE PC BACKUP

This is an online backup solution provided by F-Secure for desktops and laptops. A EULA will be given to the customer at the time of service installation.

COLLABRIX

This is an 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