License Agreement
1. S.S. NetCom Pvt. Ltd. is having its registered office at Shillong and Administrative office at Shillong. 2. NEline is registered trademark and Internet Service of S.S. NetCom Pvt. Ltd. 3. Customer means any person who avails the service(s) offered by NEline on the payment of requisite service charge. 4. Service in general includes Internet Access, E-mail, hosting and other services that NEline offers, markets, maintains, supports as of date and all fixes, updates, upgrades that NEline may offer to the Customer. However the service in relation to the Customer shall mean and cover only those services, which Customer has specially availed. 5. The terms and conditions herein and any Operational Rules, Usage Guidelines published from time to time shall constitute the agreement between NEline and customer with respect to the service. NEline reserves the right to change any or all the aspects of this agreement, operating rules, usage guidelines and or prices governing the service. NEline will strive to give prior notification to the customer, of such changes, if any. 6. The customer is required to fully comply with the provisions of the Indian Telegraph Act, 1885, and any other law applicable or made applicable concerning the service, Rules, Regulations, notification, orders made there under and any amendments or replacements made there to from time to time. 7. The Customer is required to use Telecom Engineering Centre (TEC), Department of Telecom, New Delhi approved Interface Equipment for accessing Internet Access Services. In case where it is necessary to pay License Fee to Department of Telecommunications for connecting Modem/other Interface equipment etc, to PSTN, Customer is required to complete necessary formalities with local DOT offices. 8. NEline shall provide Service to the customer, in accordance with these terms and conditions till the expiry of the specified access hours or the specified period from the date of registration, whichever occurs first. It would be responsibility of Customer to make advance payment for Internet Access Services. NEline may disconnect the service in case of non-receipt of advance payment by due date without giving any notice to the Customer. 9. The Service charge is payable in advance and is non-refundable. All the taxes, duties, charges or any other levies of any nature whatsoever payable for the services shall be payable by the customer in addition to the service charge. NEline will put in its best efforts and strive to maintain the maximum possible uptime of service. NEline will not be responsible for actions or eventualities beyond its control. 10. The customer also acknowledge and accept that in the very nature of the service to be provided there can be number of factors affecting the provisions of the service by NEline and the obligations of NEline to provide the services shall be on best endeavor basis. 11. If at any time, during the continuance of Service the performance, in whole or part , of any obligation under the agreement shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions, strikes, lock-out, or act of God etc., the customer shall not have any claim for damages against NEline in respect of such non-performance or delay in performance of Service. 12. NEline shall not be liable to the customer for any loss, expense or damage of any kind in connection with the performance of its obligations under this contract or arising from or as a result of disruption, interruption, suspension or malfunction of the service, for whatsoever reason except when there is a deliberate failure or breach on the part of NEline. 13. All the Third Party Software/Plugins, that may be provided with NEline CD-ROM is included for use at the customer’s option. NEline shall not be responsible for any losses or damages which may occur resulting from use of any third party software. Any support that is needed has to be availed from the respective companies. 14. NEline will be responsible only for carrying the data packets and is not responsible for its nature or content. Customer guarantees that the Service will be used for genuine purpose only and will not be used for any illegal, immoral or unlawful or socially unacceptable purpose. 15. Customer acknowledges, accepts and specifically declares that he is fully aware of the nature and terms of service. The customer shall be exclusively responsible for making arrangements for getting the necessary hardware and software at his end. It is explicitly agreed that NEline does not undertake any responsibility with regard to procuring/installing/maintaining the hardware and or software at the customer’s end or interruptions, discruptions or errors in the service as a result of or arising out of non compatibility of the same. 16. The service to be provided shall be exclusively to the customer. The customer shall not transfer, reassign, sell, or share the service with others including the affiliates of the customer. Customer shall not do anything that is detrimental to NEline’s interest. 17. Uploading, downloading, transmitting or distributing material containing nudity, obscenity, abusive language is strictly prohibited and connection will be terminated with immediate effect without any prior notice to the customer if found engaged in any of the above mentioned acts. 18. The customer is prohibited from downloading, storing, distributing or transmitting any unlawful material including but are not limited to direct threats of physical harm, child pornography, materials affecting the security of India and copyrighted, trademarked and other proprietary material used without proper authorization. The customer may not post, upload or otherwise distribute copyrighted material on NEline’s servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the customer to criminal as well as civil liability. 19. Customer may not store or distribute certain other types of materials on NEline server. Example of prohibited material includes, but is not limited to programs containing viruses or Trojans and tools to compromise the security of other sites. 20. NEline reserves the right to release usernames of Customers involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents NEline will also fully co-operate with law enforcement authorities in investigating suspected lawbreakers. 21. NEline shall have the right to terminate the service, without any prior notice to the customer, in the event of breach of these terms and conditions on the part of the Customer. NEline and the Customer shall also have the right to terminate this Agreement at any time by giving 30 days prior notice in writing to the other and without the need to assign any reason of such termination. In the event of such termination by the customer shall be entitled to the return of the proportionate part of the charges paid for the unutilized period of service. NEline shall not be liable to refund any amount if the termination is by the Customer or for breach or failure on the part of Customer. 22. The customer acknowledges that the Service is provided “As is”. NEline, its employees, agents, suppliers, vendors and distributors make no warranty of any kind either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that the service will be uninterrupted or error free. NEline expressly excludes any implied warranty of merchantability or fitness. 23. NEline's entire liability and the Customer’s exclusive remedy for any failure or breach on the part of NEline shall be return of the charges paid by the Customer relating the unexpired period of the use. NEline disclaims all warranties, conditions expressed or implied including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the services offered. In no event NEline shall be liable for any other damages including special, indirect or consequential damages, loss of profits, business interruption whatsoever arising out of use or inability to use the services. The Customer hereby declares that he has read these terms and conditions completely and unconditionally agrees to abide by these terms and conditions.