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| In2cable (India) Ltd. (hereinafter
referred to as In2cable), which is the authorized service provider
of Internet Telephony services, its upstream Service Provider (hereinafter
referred to as Contractor) and you (hereinafter referred to as the
"Customer"), mutually agree to the following terms and conditions
and enter into these agreement ("User License Agreement")
for the Internet Telephony service or PC to Phone service through
Prepaid Calling Cards.
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| 1. The Customer - The Customer
must be a valid user of In2cable PC to Phone service having a valid
subsisting account. |
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| 2. Changes - In2cable reserves
the right to modify the terms contained herein by posting it on the
In2cable website and such modification shall be deemed effective immediately
upon posting. It is the responsibility of the Customer as a user to
refer to the terms and conditions on accessing the service. Any access
to the service is the deemed acceptance of the terms of use of the
PC to Phone service. |
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| In2cable reserves the right to extend,
withdraw, cancel, discontinue, change, alter or modify this service
or any part thereof (including and not limited to tariff, rates and
other charges as applicable for the service) at its sole discretion,
as may be required by business exigencies and /or changes by regulatory
authority and /or statutory changes and the same shall be binding
on the Customer. |
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| 3. Charges - The Customer
agrees to pay for all charges / tariff as applicable from time to
time in respect of the PC to Phone service. |
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| 4. Expiration - Unless otherwise
specified, your PC to Phone account will expire inclusive of any remaining
balance in the account after the indicated validity period. The validity
period is based on the account denomination and is indicated on the
Prepaid Calling Cards and the website. |
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| 5. Registration: The Customer agrees
to comply with all formalities required in respect of the registration
if any and other requirements as may be prescribed by In2cable from
time to time. By completing the registration process as may be prescribed
on phone or PC, the Customer agrees to be bound by these terms of
use in addition to any other specific terms in relation to the service
subscribed. |
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| 5. Account and access : |
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| 5.1 User Id and PIN - The
Customer is solely responsible for maintaining the confidentiality
of his User Id and PIN. The Customer shall be responsible for all
uses of his account, whether or not authorized by the Customer. The
Customer agrees to immediately notify In2cable of any unauthorized
use of its account. |
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| 5.2 The Customer is entirely
responsible and liable for all activities conducted through its account.
Listed below are some, though not all, violations, which may result
in termination the customer's account. The Customer hereby agrees
not to do any of the following actions while using the PC to Phone
service: |
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| (1) harass, threaten, embarrass
or cause distress or discomfort upon called party |
| (2) transmit via the PC to
Phone service any speech, information, data, text, files, links, software,
chat, communication or other materials ("Content") that
In2cable considers to be unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially, ethnically
or otherwise objectionable; |
| (3) disrupt the normal flow
of dialogue in the PC to Phone service or otherwise act in a manner
that negatively affects other customers or participants; |
| (4) speak, transmit or post
any unsolicited advertising, promotional materials, or any other forms
of solicitation at In2cable website or via the PC to Phone Service |
| (5) intentionally or unintentionally
violate any applicable local, state, national or international law,
including but not limited to any regulations having the force of law
while using or accessing the PC to Phone service |
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| 5.3 In2cable reserves the
right to terminate any Customer's account if In2cable learns that
such Customer has provided In2cable with false or misleading information;
or it becomes aware and determines, in its sole discretion, that such
Customer is violating any of the foregoing guidelines. |
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| 5.4 In2cable shall not be
responsible for any loss, misuse of the password of the Customer's
account for In2cable PC to Phone services, in any manner whatsoever. |
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| 6. Permission - The Customer
hereby grants unqualified and unconditional permission to In2cable
to access, redirect and/or otherwise obtain or transmit through any
means speech in the form of data (information and any other material
that may be proprietary to the Customer) forming part of other telecommunication
services including international subscriber dialling, internet enabled
services such as voice messaging, etc, that the Customer subscribes
to and wishes to receive and/or transmit via In2cable PC to Phone
or Internet Telephony services. |
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| 7. License - This User License
Agreement grants the Customer a personal, non-exclusive, non-transferable,
non-sub-licensable right to use one copy of the software, technology,
programs, documentation and updates (collectively referred as "Software")
which are provided or made accessible via the Internet to the Customer
by In2cable or its Contractor (collectively referred to as "Licensors")
for the Customer's own personal use on a single computer and/or workstation.
The Software is "in use" on a computer when it is loaded
into the temporary memory (i.e. RAM) or installed into the permanent
memory (e.g., hard disk, CD-ROM, or other storage device) of that
computer. The Licensors reserve all rights in the Software not expressly
granted herein, including without limitation ownership and proprietary
rights. |
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| 8. License Restrictions -
The Customer will not reproduce or distribute the Software for any
purpose whatsoever. Without limiting the foregoing, the Customer may
not copy the Software to any server or location for reproduction or
distribution. The Customer will not reverse engineer, decompile or
disassemble the Software. The restrictions contained herein apply
equally to any updates that may be provided or made available through
the In2cable website. |
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| 9. Representation - In2cable
shall make reasonable efforts to enable the Customer to avail the
PC to Phone services. The Customer understands that In2cable and its
Contractor use public Internet lines to complete calls and while all
services on the In2cable / Contractor network are reliable, customers
may experience some packet loss and delay. In2cable and its Contractor
are constantly upgrading connections to ensure that its customers
receive the minimal of disruptions while using our services. Due to
any technical or non-technical reasons, the service availability/
reliability may be affected. In2cable is entitled, without any liability
to refuse, limit, suspend, vary and/or interrupt service at any time
at its discretion without any notice, for any reason whatsoever. In2cable
will not be liable to refund and/or pay damages, etc. in case of disruption
of services for any reason whatsoever. This User License Agreement
is subject to Force Majeure circumstances. |
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| 10. Disclaimer of Warranties
- In2cable expressly disclaims all warranties of any kind, express
or implied, including without limitation any warranty regarding the
PC to Phone service. In2cable does not make any warranty to meet the
Customer's requirements, or that the PC to Phone service will be uninterrupted,
timely, secure, or error free; nor does In2cable make any warranty
as to the results that may be obtained from the use of the PC to Phone
services or as to the accuracy or reliability of any voice transmitted
or information obtained through PC to Phone services. The Customer
understands and agrees that any voice, speech, material and/or data
transmitted, received, downloaded or otherwise obtained through the
use of PC to Phone service is at the Customer's own discretion and
risk and that the Customer will be solely responsible for any damage
to the Customer's PC, modem or any other electronic instrument or
loss of speech/ data that results from the transmission or download
of such speech and/or data and any damage suffered as a result of
the use of such voice and/or data transmitted or downloaded from the
PC to Phone service. No advice or information, whether oral or written,
obtained by the Customer with regard to the PC to Phone service shall
create any warranty not expressly made herein. |
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| In2cable also does not warrant that
the Software or PC to Phone services will be free from any virus or
other code that is contaminating or destructive by nature and the
Customer is responsible for implementing and maintaining sufficient
procedures to satisfy the Customers particular requirements for accuracy
of data input and output as well as protections from such viruses
or other code that may contaminate or destroy the Customer's system
or data. |
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| 11. Limitation of Liability -
To the fullest extent permitted by applicable law, you acknowledge
that In2cable and its Contractor under no circumstances shall be liable
for (i) any damages whatsoever (including without limitation direct,
indirect, incidental, special or consequential damages, damages for
loss of profits, business interruption, loss of programs or information,
or other pecuniary loss) arising out of the use of or inability to
use the website, the Services or any transactions provided on the
Services or downloaded or hyper linked from the website, or (2) any
claims attributable to errors that result from the use of or the inability
to use the Service, any changes to the Service, unauthorized access
to or alteration of your transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered
into through the Services. You specifically agree that In2cable and
/ or its Contractor is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any
other party or any infringement of another's rights, including intellectual
property rights. If you are dissatisfied with the PC to Phone Services,
the materials available on or through the Services, or with any of
the terms and conditions, your sole and exclusive remedy is to discontinue
using it. |
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| 12. Intellectual Property
- The Customer agrees not to upload or transmit any Content including
any form of speech, to or via the PC to Phone Service that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party. |
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| Unless otherwise expressly stated,
all service marks, logos, trade names, trade dress, and trademarks
of Licensors (collectively "Marks") are the exclusive property
of Licensors and nothing in this User License Agreement shall grant
the Customer the license to use such Marks. All intellectual property
rights in the Software and PC to Phone or Internet Telephony services,
including without limitation all computer code, audio, graphics, multimedia,
images, sounds and texts incorporated into the Software or PC to Phone
or Internet Telephony services, are owned exclusively by In2cable
and/ or the Contractor, its parent, affiliates and associates and
are protected under applicable Indian laws. Any infringement shall
be vigorously prosecuted and pursued to the fullest extent permitted
by law. |
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| 13. Indemnification - The
Customer agrees to indemnify and hold In2cable and/or the Contractor,
its parent, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, both direct as well as indirect including
legal costs, made by any third party due to or arising out of Customer's
use of the PC to Phone Services, the violation of this User License
Agreement or the terms of use, stated herein by the Customer or the
infringement by the Customer, or any other user of Customer's account,
of any intellectual property or other right of any person or entity. |
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| 14. Termination - The Licensors
reserve their right to terminate this User License Agreement and the
Customers use of the Software and PC to Phone Services at any time
and for any violation of this "User License Agreement".
The Customer may terminate this User License Agreement at any time
simply by ceasing to use the Software and In2cable PC to Phone services.
The provisions contained herein shall survive termination of this
User License Agreement. |
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| 15. Applicable law - Any
and all disputes arising out of use or in relation to the PC to Phone
Services or in relation to the terms and conditions of use stated
in this User License Agreement are governed by the laws of India and
are amenable to the exclusive jurisdiction of the courts of law at
Mumbai. |
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| This User License Agreement is the
entire agreement between the Customer and the Licensors relating to
the Customer's use of the Software or the PC to Phone Services and
supersedes any other communication or advertising with respect to
the Software or PC to Phone services. If any provision of this User
License Agreement is held invalid, the remainder of this User License
Agreement will continue in full force and effect. Licensor's failure
to insist upon or enforce strict performance of any provision of this
User License Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provisions of this User License Agreement.
Licensors may assign their rights and duties under this User License
Agreement to any party at any time without notice to the Customer. |
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| 16. The Customer's use of
the PC to Phone Services will be governed entirely by this User License
Agreement. |
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| YOU / CUSTOMER ACKNOWLEDGE THAT
YOU HAVE READ THIS USER LICENSE AGREEMENT AND UNDERSTAND IT AND THAT,
BY USING THE SOFTWARE AND PC TO PHONE SERVICES, YOU AGREE TO BE BOUND
BY ITS TERMS AND CONDITIONS. |
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