- The Terms and conditions mentioned herein shall form an integral part of the services being rendered and shall be binding on the Customer.
- The Customer 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, 1951 made thereunder, Indian Wireless Act 1933, Information T echnology (IT)Act 2000 and TRAI Act 1997 and any subsequment amendments or replacements made thereto from time to time.
- The Customer shall ensure that the Services provided by Zapbytes shall not be used for any purposes other than the purposes permissible under the applicable statutory or regulatory provisions as may be amended from time to time by the Telecom Regulatory Authority of India and Department of Telecommunications, Government of India.
- The Customer shall be responsible to obtain its own IP address and domain name from the competent authorities. In case the IP addresses are taken from Zapbytes, the same are not assignable or portable and shall be mandatorily returned to Zapbytes on the termination of the Services.
- Voice communication by means of dialing a telephone number (PSTN/ISDN/PLMN).
- Originating the voice communication from a telephone in India.
- Terminating the voice communication at a telephone within India.
- Establishing connection to any Public Switched Network in India and/or establishing gateway between Internet & PSTN/ ISDN/PLMN in India.
- Use of dial up lines with outward dialing facility from nodes.
- The Customer is permitted to use encryption upto 40 bit key length in the RSA algorithms or its equivalent in other algorithms without having to obtain permission. However, if the encryption requirement is higher than this limit, the Customer shall obtain the permission of the concerned Telecom Authority and shall deposit the encryption key, split into two parts, with such Telecom Authority.
- Zapbytes may block internet sites as identified and directed by the Department of Telecommunications, Telecom Authority or any other authorises agency from time to time
- Customer has given Zapbytes to understand that the required measures are taken by Customer to ensure that spam/malicious traffic is not generated from customer end. Anytime spam activity/unwanted/malicious is observed from customer link, Zapbytes will terminate the link immediately without any further notice.
- Customer agrees that Zapbytes Network and Services must be used only for lawful purposes. Customer may not use Zapbytes’s Network and Services in order to transmit, distribute or store material
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others,
(c) that is fraudulent, obscene, defamatory, libelous, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component, (d) containing fraudulent offers for goods or services or any promotional materials that contain false, deceptive or misleading statements, claims or representations
(e) generally, in a manner that may expose Zapbytes or any of its personnel to criminal or civil liability
(f) send e-mail messages which are excessive and/ or intended to harass or annoy others,
(g) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them,
(h) send e-mail with forged TCP/IP packet header information,
(i) send malicious e-mail, including, without limitation, “mailbombing”,
(j) hijacking of IP space
(h) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider.
- The Customer shall maintain a log of all users availing the Services (either through mail, telnet, http, etc.) and shall also maintain a log of every outward login or telnet through its computers. These logs, as well as copies of all the packets originating from the Customer Premises Equipment (“CPE”), must be available in real time to the concerned Telecom Authority. The Customer undertakes not to permit log-ins, where the identity of the logged-in user is not known.
- Zapbytes warrants that the Services shall be of the acceptable grade, consistent with the established and generally accepted standards. Quality, functionality and/or availability of the services, may be affected and Zapbytes is entitled to refuse , limit, suspend, vary or disconnect the services, at any time, for reasonable cause, including, but not limited, to the following:-
- Any violation of applicable rules, regulations, orders, directions, notifications, conditions of License Agreement etc. issued by the Government/Telecom Regulatory -- Authority of India (“TRAI”) etc; any discrepancy in the Pageparticular(s) provided by the Customer;
- if the Customer is in default (including past defaults) in making payment for the Services or for any other telecom service provided by Zapbytes;
- during technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment;
- to combat potential fraud, sabotage, willful destruction, national security or for any other force majeure reasons etc;
- Transmission limitations caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or due to non-availability of suitable technical sites to install/upgrade network.
- Due to acts to God or circumstances beyond the control of Zapbytes Including insurrection or civil disorder, or military operations, national or local emergency, industrial disputes of any kind (whether or not involving Zapbytes employees), fire, lightning, explosion, flood, inclement weather conditions, acts or commission of person or commission of person or bodies for whom Zapbytes is not responsible or any Act, Regulation or Policy of the Government of India or State Government or any other Statutory Authority.
- if Services are used in violation of any law, rule/regulation; or for a purpose other than declared by the Customer at the time of subscription.
- interconnection failure between Zapbytes and other service provider/s);
- Any bonafide action taken by Zapbytes to protect its Intellectual Property Rights (IPR) .
- The customer agrees that he shall not undertake or engage in re-selling of services availed from Zapbytes under any circumstances unless the customer holds a valid ISP license issued by DoT.
- Zapbytes may change, amend or revise the above regulatory 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 to be effective upon posting an updated and duly dated regulatory compliance to the Customer via email, fax, post or through any other medium opted by Zapbytes.
- In the event the Customer installs any wi-fi network of its own, the Customer:
- Shall inform the same to Zapbytes.
- Undertakes to use the secured wi-fi network connection to avoid any misuse.
- Undertakes that he shall be solely responsible for any use/misuse of due to any wi-fi installation.
- Is required to set up and maintain its own authentication for its internet usage / Wi-Fi services.
- Undertakes to keep a log of all the events on wi-fi network for a period of at least one year and shall provide the same to the regulatory and/or security agencies
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