The Customer is requested to read the Terms and Conditions (“Terms”) carefully before continuing to use this site. Visitors to this web site are bound by the following Terms. If you do not agree with any of these Terms, please do not use this site. If you have any questions about these Terms, please contact us.
General Terms & Conditions
- Excitel Broadband Pvt. Ltd. may not routinely monitor Customer’s postings to the web site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if Excitel Broadband Pvt. Ltd. becomes aware of inappropriate use of the web site or any of its Services, Excitel Broadband Pvt. Ltd. will respond in any way that, in its sole discretion, Excitel Broadband Pvt. Ltd. deems appropriate. Customer acknowledges that Excitel Broadband Pvt. Ltd. will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Excitel Broadband Pvt. Ltd. will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
- Submissions and unauthorized use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. Customer alone is responsible for his actions or the actions of any person using Customer’s user name and/or password. As such, you shall indemnify and hold Excitel Broadband Pvt. Ltd. and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that one’s use of the web site or the use of the web site by any person using Customer’s user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party. Excitel Broadband Pvt. Ltd. reserves the right to terminate access to this web site at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
- Telephony on Internet is permitted to a limited extent i.e. (i) from PC to PC within or outside India (ii) PC in India to Telephone outside India (iii) IP based H.323/SIP Terminals connected directly to ISP nodes to similar Terminals within or outside India. The Customers shall strictly comply with the above and the persons involved are liable to be proceeded with and punished.
- It is illegal to terminate Internet Telephony calls to any public telephone number (PSTN, ISDN, PLMN, etc.) in India irrespective of whether the same originates in India or abroad.
- Excitel Broadband Pvt. Ltd. may at any time revise the Terms by updating the then-current version thereof posted on this web site. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page of this web site to determine the most current version of the Terms to which you are bound. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages at this web site.
- Excitel Broadband Pvt. Ltd. may change the format and content of this web site at any time. Excitel Broadband Pvt. Ltd. may suspend the operation of this web site for support or maintenance work, in order to update the content or for any other reason.
- If you have a question or complaint, please contact us at corporate office. Excitel Broadband Pvt. Ltd. reserves all other rights.
Undertaking, Representation And Covenants Of The User
When using this web site, the Customer expressly undertakes, represents and covenants that he will not:
- Restrict or inhibit any other user from using or enjoying this web site, including without limitation by means of “hacking” or defacing any portion of this web site;
- Transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the Materials or any portion thereof, Customer’s right to use this web site, or Customer’s right to access any services offered or made available on or through this web site.
- Remove any copyright, trademark, or other proprietary rights notices contained in this web site or on any material downloaded from the web site;
- Submit particulars that the Customer do not have the right or authority to submit under any law or any contractual or fiduciary relationship (such as trade secrets and confidential information);
- Post or transmit to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, offensive or other similar material;
- Use the web site to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others;
- Interfere with or disrupt the web site or any services provided thereon or thereby, or any servers or networks connected to the web site, or disobey any requirements, procedures, policies or regulations of networks connected to the web site;
- Frame or mirror any part of the web site without Excitel Broadband Pvt. Ltd.’s prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the web site or the Materials provided on this web site;
- Violate any law, regulation or contract.
- Customer will not impersonate any person or entity, misrepresent his affiliation with a person or entity, or misrepresent the origin of any content posted on or distributed through the Site.
Limitation Of Liability
In no event shall Excitel Broadband Pvt. Ltd. be liable to the user of this website or any third party for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- – The use or the inability to use our services or access content,
- – The unauthorized access to or alterations of Customer’s transmissions or data,
- – Statements or conduct of any third party on the service, or
- – Any other matter relating to the service, even if Excitel Broadband Pvt. Ltd. has been advised of the possibility of damages.
Financial Transactions And Taxes
If the Customer makes any financial transactions on the website, including paying for network services fees, advertising banners, product placements, products or services, the Customer may be asked for credit card or other payment information. Customer agrees that all information he provides is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. Customer agrees that he is solely responsible for any personal income reporting and tax payments required of him by applicable government authorities.
- This website may contain material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by Excitel Broadband Pvt. Ltd. or have been licensed to Excitel Broadband Pvt. Ltd. by the owner(s) of those rights so that it can use this material as part of this web site. Excitel Broadband Pvt. Ltd. retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this web site are owned by Excitel Broadband Pvt. Ltd. and used under licence by Excitel Broadband Pvt. Ltd. affiliates.
- Customer is hereby requested not to:
- – Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the web site. These restrictions may apply in relation to all or part of the material on the web site;
- – Copy and distribute this information on any other server, or modify or reuse text or graphics on this system or another system. No reproduction of any part of the web site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site.
- – Remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the web site;
- – Link to this web site: http://www.excitel.com/
Customer agrees to indemnify, defend and hold Excitel Broadband Pvt. Ltd., its and their Affiliates and any of its and their directors, employees, advisors, suppliers, advertisers, agents or sponsors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) Customer’s breach of these Terms and Conditions; (ii) your violation of the undertaking, representation and covenants mentioned above; and/or (iii) Customer’s activities in connection with this web site.
In the event any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable such provision shall be deemed to have been deleted from these terms and conditions, while the remaining provisions shall remain in full force and effect. Excitel Broadband Pvt. Ltd.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither shall the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions.
Applicable Law And Jurisdiction
These terms and conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. The Customer agrees, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Delhi, India for the resolution of all such disputes.