Terms & Conditions
Internet Usage Policy
This Internet Usage Policy (“Policy”) has been formulated by SS Fiber Net Optical Communication Pvt Ltd to ensure the legitimate use of Internet Services by the Customer. This Internet Usage Policy applies to all customers of the Company who have availed the services offered by the Company. Use of the Internet and other services offered by the Company by customers is permitted and encouraged where such use supports the goals and objectives of the business. However, access to the Internet through the services offered by the Company is a privilege and all customers must adhere to the policy concerning Internet usage. Violation of these policies could result in disciplinary and/or legal action leading up to and including termination of services offered to the Customer.
All customers are required to acknowledge receipt and confirm that they have understood and agree to abide by the rules hereunder. This Policy has to be signed by the Customer along with the User Agreement. This Policy shall be governed along with the terms & conditions of the User Agreement.
Terms & Conditions:
- Customers are expected to use the Internet responsibly and productively and limit the Internet access to lawful purposes only.
- The Customer shall and undertakes to fully comply with all applicable laws and regulations including without limitation, the provisions of the Indian Telegraph Act 1885, the Indian Telegraphs Rules, 1985 made there under and TRAI Act 1997, any rules and regulations of the Department of Telecommunications and any amendments or replacements made thereto from time to time.
- The Customer will ensure that the Service provided by the Company shall not be used by the Customer himself nor the Customer shall allow his customers or any other party to use the same for any purposes other than the purposes permissible under the applicable statutory or regulatory provisions.
- The Customer shall be solely responsible for obtaining additional IP addresses, over and above the maximum limit of the Company. IP addresses that could be assigned by the Company are non-portable and have to be returned to the Company on the termination of Service.
- The Customer has agreed to not to use the Services for any of the following activities:
a). Voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN).
b). Originating the voice communication service from a telephone in India.
c). Terminating the voice communication to telephone within India.
d). Establishing connection to any Public Switched Network in India and/or establishing gateway between Internet & PSTN/ ISDN/PLMN in India.
e). Use of dial up lines with outward dialing facility from nodes.
f). Resell or cause to resell or offer to sell this Service.
g). Interconnectivity with other ISPs.
h). Distribution of software, programs or messages that may cause damage or annoyance to persons, data, and/or computer systems.
i). Forging or misrepresenting a message header of an electronic transmission originating or passing through Network.
j). Transmitting of unsolicited email to multiple recipients, sending large amounts of email repeatedly that annoys, harasses or threatens another person or entity, or attempts to use Network for SPAM.
k). Fraudulent activities including, but not limited to, intentional misrepresentations or misleading statements, writings or activities made with the intent that the person receiving it will act upon it; obtaining services with the intent to avoid payment; and hosting of phishing websites
l). Unauthorized access includes the illegal or unauthorized access to other computers, accounts, or networks; accessing or attempting to access computer resources belonging to another party; attempting to penetrate security measures of other systems
- The Customer is permitted to use customer encryption upto 40 bit key length in the RSA algorithms or its equivalent in other algorithms without having to obtain permission. However, if encryption equipment higher than this limit are to be deployed, Customer shall do so with the permission of the Telecom Authority and deposit the decryption key, split into two parts, with the Telecom Authority.
- Company may block internet sites and/or terminate the Service of the Customer, as directed by the Telecom Authority from time to time.
- Access to sites that contain obscene, hateful, pornographic, unlawful, violent or otherwise illegal material
- Using computers to perpetrate any form of fraud, and/or software, film or music piracy.
- The Customer shall maintain a log of all users connected and the service they are using (mail, telnet, http etc.). Customer must also log every outward login or telnet through their computers. These logs, as well as copies of all the packets originating from the Customer Equipment, must be available in real time to Telecom Authority. Type of logins, where the identity of the logged-in user is not known, should not be permitted
- Unless expressly stated herein, Company makes no express or implied warranties, guarantees, representations, or undertaking, whatsoever, regarding the Service or Customer Equipment, etc. which are provided by it
- Hacking into unauthorized websites.
- In no event will Company or its Affiliates, employees, officers, and directors have any liability under these terms and conditions, regardless of the basis on which each party is entitled to claim damages (including breach, negligence, misrepresentation, or other contract or tort claim), for any special, incidental, punitive, or indirect damages, or for any economic consequential damages (including lost profits or savings), even if foreseeable or even if the Customer has been advised of the possibility of such damages
- The Customer shall ensure that objectionable, obscene, unauthorized or any other content, messages or communications infringing copyright, Intellectual property right and international & domestic cyber laws, in any form or inconsistent with the laws of India, are not carried in his network, by him or any other person using his network. The Customer must take all necessary measures to prevent it. The use of the Service for anti-national activities and/or unlawful activities would be construed as an offence punishable under the Indian Penal Code or other applicable law. Acts such as break-ins or attempted break-ins of Indian networks shall be regarded as an anti-national act and shall be dealt with in accordance with the Indian Penal Code. The Customer must ensure that the Service provided by Company is not used for such purposes by him or any other person using his network
- Any behavior by a Customer that causes blacklisting must be remedied by the Customer within 48 hours of written, electronic or telephonic notice from Company Known spammers, previously unidentified, will be removed from the network once identified.
- The Customer shall provide necessary support to the Company, TRAI, DOT or any other Government Agencies to counteract espionage, subversive act, sabotage or any other unlawful activity
- Company reserves the right to disconnect the Service in case there is sufficient evidence of the Customer’s intentionally or unintentionally using the Service in the manner which would adversely impact/affect network or infrastructure of Company
- Company may change, amend or revise the above terms and conditions at any time as and when necessary in order to comply with any statutory, legal or regulatory requirements and the Customer agrees to abide by such modified terms and conditions. Such changes, amendments or revisions shall be deemed effective upon posting an updated and duly dated regulatory compliance to the Customer via email, fax, post or through any other medium opted by Company
- The Customer represents that he has read and understood the terms and conditions herein and has been fully informed about the Service to be provided by Company, its specification, requirement, limitations, etc. and has understood the same and has thereafter agreed to sign this subscription request. That in the event of breach of any of the terms and conditions of this undertaking, Company shall have the right to terminate the Service without any liability whatsoever
- Any dispute, controversy or claim arising out of or relating to this arrangement, or the breach, termination, existence or invalidity thereof, shall be referred to a sole arbitrator mutually appointed by Company and Customer. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996, as amended from time to time. The award of the arbitrator will be final and binding upon Company and Customer. The arbitration proceedings shall be conducted in English. The venue of the arbitration shall be within Bhiwadi Jurisdiction.
- Company assumes no responsibility, and assumes no liability for, the security and integrity of data or information a user transmits via the
- Service or over the internet, including data information transmitted via any server designated as ‘secure.’ Company does not monitor, exercise control over, or accept responsibility for the content of information passing through Network. Company will cooperate with legal authorities in the investigation of suspected criminal or civil violations. Customer shall be responsible for the activities by accepting Service from Company
- If a customer is unsure about what constituted acceptable Internet usage, then he/she should ask the Company for further guidance and clarification.
- All terms and conditions as stated in this document are applicable to all customers of the Company’s network and Internet connection. All terms and conditions as stated in this document reflect an agreement of all parties and should be governed and interpreted in accordance with the policies and procedures mentioned above. Any customer violating these policies is subject to disciplinary actions deemed appropriate by the Company.
- Customer unconditionally agrees and shall be responsible for the activities by accepting Internet Services from the Company.
TERMS & CONDITION OF USE
Please read the following information carefully before using our Internet Service. You may not use the Internet Services without accepting these Terms and Conditions.
The following terms and conditions of use (the “Agreement”) apply to your use of our Internet/Telephony Services provided by the SS Fiber Net Optical Communication Pvt Ltd. The term “user”, “you” and “your” refer to the user/customer using the Services offered by the Company. If you do not agree to the terms of this Agreement, you may not use the services of the Company.
The Company is an existing Internet Services Provider and has a license issued by the Government of India (Ministry of Communications and Information) and is engaged in providing Internet /Telephony services as per Licensed SSA.
Access to Internet & Contract Terms:
- The Company does not screen or restrict access to any content placed on or accessible through the Internet and shall not liable for any sexually explicit or offensive & provocative content available for which we have no control.
- The Company also does not screen or restrict communications between parties via the Internet.
- Interactive voice and fax messaging shall not be permitted on our Internet Services, as such selling/promoting Internet Telephony/Fax etc., is prohibited.
- Ending unsolicited messaging via Internet Services is unlawful and it is not permitted.
- Probing for means of gaining unauthorized access to computers or networks is not permitted.
- Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data, is not permitted.
- Sending harassing or threatening transmissions over Internet Services is not permitted.
- You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that the Company is not liable for any action or inaction with respect to any such content on the Internet accessible through the services of the Company.
- Any loss of business or damages suffered by you due to disconnection affected under clause in “Disconnection Terms” will be your own responsibility and so borne by it.
- Temporary break/disconnection of Service under schedule maintenance “Disconnection Term” will not require any notice.
- You shall fully comply with the provisions of the Indian Telegraph Act, 1885, Indian Telegraph Rules made there under and Information Technology Act.
- You assume the total responsibility and risk for use of the Internet Services provided by the Company.
- Any CPE (Router, Towers, Mux, Pole, Cable etc.) and other equipment provided by and on behalf of the Company shall remain the property of the Company and you shall be under the obligation to return it to the Company on termination of service.
- CPE under all circumstances shall remain the sole property of the Company and has been provided to the User to facilitate the Company to exclusively use the same for rendering its Services. The User shall not deal with the CPE independent of the Company in any manner whatsoever and shall have no rights/ title and/ or ownership and /or interest in the CPE and therefore shall not be entitled to transfer/assign/lease and / or otherwise part with the same under any circumstance. The ownership and effective control over the CPE shall always remain with the Company.
- User cannot either shift the CPE or transfer the same in any manner.
- You shall upon termination of this Agreement for any reasons be under the obligation to return the CPE immediately to the Company. You shall not claim any charge or lien on the CPE, even if any dispute is pending, you shall be responsible for the maintenance and upkeep of the CPE subject to normal wear and tear.
- All CPE, provided (but not sold) by the Company for and on behalf of the Company shall always remain sole property of the Company. The User shall only have use the custody of the equipment or other equipment/ accessories during the term of this Agreement or the Subscription period of the User.
- Expected time of installation of connection and service by the Company shall be 7-30 days from the date of picking up the order form.
- User shall make all the payment in the favor of our authorized collection agencies or designated Franchise vide cheque or cash or any other payment form available and take the proper receipt.
- We shall under no circumstances be held responsible for any unauthorized use of Internet Services in case of Indoor/Outdoor Wi-Fi which eventually may result in the non- compliance of DOT directive detected within your Premises/Location by the Authorities concerned. All liability including both civil and criminal liability from such unauthorized use and any resulting event shall be your sole responsibility. We would also be constrained to withdraw our services without any further notice in such an eventuality and without any liability on our part. Continued usage of Wi-Fi connectivity or deployment of router without registration with your service provider shall under all circumstances amount to unauthorized usage of Wi-Fi technology.
- User shall not use the Services as an ‘OSP’ (Other Service Provider).
- In case the User fails to comply with all the terms and conditions of enrollment, the Company shall reserve the right to lift or remove the CPE from the User’s premises and terminate the enrollment/subscription without any liability whatsoever on its part.
- The network uptime and the Services provided by the Company within Company’s control will have an uptime of 98% for the wireless and wired customer, Outside of scheduled maintenance times.
- Company shall maintain the Privacy of all the information provided by the Users to the Company which shall be subject to the terms of the license agreement of the Company with DOT and other statutory and regulatory notifications/directives etc. You specifically agree that in order to facilitate the Company in providing the Internet Services, the Company may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, security agency, and reserves the right to comply with the directions of such authorities at its discretion and without intimating you.
Payment of bills:
- You shall be solely responsible to make time timely payments for the Internet and Add-On Services in accordance with the terms of the subscription plan chosen by you failing which, Company or the Franchise of the Company would disconnect the service in case of non-receipt of timely payment without giving any notice to you.
- Company shall invoice you via email to the email address or send it via recognized courier Service to the address as per agreed invoice cycle indicated in the relevant Customer Application Form (“CAF”) for: (i) the Services charges set forth in the applicable Customer Application Form(s) (prorated for any partial usage period); and (ii) any other charges, including but not limited to installation or any other additional Service charges set forth in the applicable Customer Application Form or such other mutually agreed fees or charges applicable to the Service which have been reasonably incurred by Company on behalf of user (collectively referred to as the “Additional Service Charges”); (iii) if invoice not received kindly contact the organization.
- All Services Charges and Additional Service Charges are exclusive of any and all applicable taxes, including value added taxes, sales taxes, duties, fees, levies or surcharges imposed by, or pursuant to the laws, statutes or regulations of any governmental agency or authority, all of which shall be the sole responsibility of User and paid promptly when due by the User. All amounts payable by User under this Agreement shall be made without any deduction, set-off or counterclaim;
- Invoices and bills for Internet service and the equipment shall be done by the Company.
- Unless otherwise set forth in the Customer Application Form, the Services Charges and Additional Service Charges shall be payable in Indian Rupees;
- All One time charges if applicable to be paid 100% in advance along with the CAF for the sites;
- Recurring charges shall be paid as per agreed invoice cycle in CAF in advance installments by the due date mentioned in the invoice;
You Agree and Confirm:
- You shall not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. You shall not use another site’s mail server to relay mail without the express permission of the site. Posting a message and subscribing without intent to large number of news groups, forums, e-mail, mailing lists or other groups or lists is prohibited. Mail Relay using mail servers of other ISPs depends upon the policies of respective ISPs over which we have no control.
- You shall use the Internet services only for lawful purposes and shall not transmit, distribute or store of any material in violation of any applicable law. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.
- We can revise the tariff for its Internet services & its value added services from time to time to on its sole discretion.
- We are responsible for delivering the service at single point to the user premise.
- All notices shall be served in writing to the addresses provided by the parties and shall be deemed delivered after 5 days if notice is sent by registered post and on the day the email was sent is the notice is sent by email. You shall intimate to the Company about change in address, if any, in writing along with such proof, as may be deemed necessary by us.
- No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
- Excluding the Marketing Materials, all of the content on the Website including source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics, trademarks, service marks and logos are owned by or licensed to the Company and shall be treated as exclusive property of the Company.
- You shall not be entitled to assign the rights and obligations granted under the Agreement and if you do so, you will be liable and fully responsible for all obligations under the law of Govt. of India, and the Company and its franchisee will not be held responsible.
- Any unauthorized transfer/use of the connection shall entitle the Company to terminate my Internet Service forthwith. This contract encompasses the entire agreement of the parties and supersedes all prior agreements or understandings or conditions, express or implied, written or oral, between the parties.
- Company may modify this Agreement from time to time and the changes will be reflected on the Website and will be effective thirty calendar days after being posted on the Website.
- Should any part of this contract be adjudicated inoperative or invalid, the remaining provisions of this contract will remain in effect and operate as if the invalid or inoperative provision had never existed.
- The construction and interpretation of this contract and all transactions under it shall be governed by the laws of India. Court of Bhiwadi, India shall have the sole jurisdiction to hear disputes related to the Agreement if any.
By using our Internet/Telephony Services, You agree to defend, indemnify, and hold harmless the Company and its Partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that the Company becomes obligated to pay arising or resulting from your use of the Site or services or your breach of these Terms and Conditions. Website reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Limitation of Liability:
COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL OPERATE ERROR-FREE OR THAT THE SERVICES AND ITS SERVER ARE FREE OF ANY HARMFUL MATERIAL. IF YOUR USE OF THE SERVICES OR THE SERVICES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.THE SERVICES AND RELATED MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. COMPANY STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS AND WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND SUITABILITY.
Disclaimer of Consequential Damages:
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL, ADVICE, GUIDANCE, OR SERVICES ON THIS COMPANY OR COMPANIES/SITES LINKED TO THIS COMPANY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER US NOR ITS AFFILIATES 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. UNDER NO CIRCUMSTANCES SHALL SS FIBER NET & IT’S FRANCHISE, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USERS, USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USE OF INFORMATION, SERVICES 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.
While every effort is made by us to provide highest quality of services to its users, the linking, quality and speed of data transmission is entirely dependent on our fiber connectivity and outdoor wireless LAN connectivity (PtP/PtMP) on License free ISM band 2.4/[email protected] as permitted by WPC. Accordingly and fixed copper pair, fiber to home, We shall in no event be responsible in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity with our network computer or the deficiency in data transmission between you and our network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from.
Either Company and/or the User may terminate this Agreement by providing a 30 days written notice. The Company may immediately terminate this agreement in case of breach of any of the provision of this agreement by the User. Company will be following termination of the Agreement, restrict the User from using the services of the Company. You agree that the company may terminate this Agreement and cancel your access to the Internet/Telephony Service at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Internet/Telephony System to perform any illegal activity. You further agree that in the event of termination for any reason, the company will have no liability to you.
These Terms and Conditions are governed by the substantive laws of India. Jurisdiction of Bhiwadi, India shall have the sole jurisdiction to hear disputes arising out of this Agreement. Except as expressly provided elsewhere in this Agreement, these Terms and Conditions constitute the entire agreement between You and the Company with respect to your use of this Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.