The Service we shall supply to you is broadband Internet access. In providing you with this Service, we will endeavor to use the reasonable skill and care of a competent licensed Internet Service Provider.

The Service we shall provide also enables you to access other Trak Online products & services. Such services are subject to separate terms and conditions, which are not incorporated into this Agreement. You must comply with the terms and conditions for these products and services in force from time to time. Failure to comply with such terms and conditions will be deemed a material breach of this Agreement and will entitle us to terminate your Broadband Service Agreement.

Occasionally Trak Online or its Distribution Partner may have to interrupt, suspend or change the technical specification of the Service for operational reasons or because of an emergency. In these events you will have no claim against us.

Whilst we will endeavor to provide you a fault free Service, we cannot guarantee this. Should you encounter a fault with the Service you must report this to the Distribution Partner through whom the Service is provided.

Except as otherwise expressly permitted in these Terms and Conditions, and in addition to other restrictions herein, you may not:

a) Redistribute, encumber, sell, rent, lease, sub-license, the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part; or
b) Use the Service except in conjunction with our recommended operating environment; or
c) Modify the Service without our prior written consent.

You hereby give permission to Trak Online and their employees, agents and contractors on request & reasonable notice to:

a) Execute any works on your Premises for, or in connection with the installation, maintenance, adjustment, repair or alteration to the Service.
b) Keep and operate Network equipment at your Premises; and
c) Enter the Premises to inspect any Network equipment.

Our Distribution Partner will endeavor to install the Service on the date agreed between you and our Distribution Partner. However the Service installation date is only an estimate and Trak Online or its Distribution Partner shall not be liable for any failure to meet such a date.

You must not use the Service to post or transit:

a) Any content in violation of any applicable law of libel or defamation in India or elsewhere.
b) Any fraudulent content on or through the Broadband. This includes any content that you know or have reason to know is false, and that intended for others to rely on.
c) Any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
d) Any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose.
e) Any content that infringes another person’s or entity’s copyright in all or any part of the content.
f) Any content that infringe, dilute or otherwise violates another person’s rights in its trademarks, service marks, trade dress, or other indicia of origin.
g) Any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
h) Obscene or pornographic content, including, but not limited to, child pornography.
i) Any content to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
j) To impersonate any person, including but not limited to, a Trak Online official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
k) Chain letters or messages that offer a product or service or even general information based on the structure of a chain letter, on or through the Broadband.
l) Content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
m) To disrupt the normal flow of online dialogue, including but not limiting to, by way of uploading data contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or otherwise act in a manner that negatively effects use of the Internet by other subscribers, users, individuals, or entities.
n) To violate any operating rule, policy, or guideline of any other online service provider or interactive service.
o) Unsolicited messages, whatever the purpose may be, posting or cross posting, unsolicited commercial messages regardless of content.
p) For purposes of the aforesaid clause, the term "content" means “information or material of any type capable of being posted or transmitted on or through the Internet Broadband Service, including material in print, graphic, pictorial audio, or audio-visual form.”

Except to the extent as permitted by law and with prior permission of Trak in writing, you should not yourself or allow any third party to do the following, which are outside the purview of Internet Telephony service and are illegal in India:

a) Voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN) as defined in National Numbering Plan;
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;
e) Dial up lines with outward dialing facility from nodes.

You are not allowed to procure network Access Card, E-Coupons or E-Tickets from any other individual or business entity, but from the Distribution Partner appointed by us in your location.

You may view your usage and balance credit through the 'Broadband Connector' software supplied online at free-of-cost by Trak Online.

Trak Online is not responsible for refunding or recharging any credit that maybe left as balance in your Account at any point of time.

This Agreement will commence on the Operational Service Date and the Agreement shall continue for a minimum period of 12 months the Agreement will automatically renew for further consecutive 12-month periods.

You may terminate this Agreement after the initial term period by giving us a minimum of 30 days notice. You should contact our Distribution partner in your location.

7.4. Without prejudice to its rights under this Agreement, Trak Online may terminate or suspend this Agreement immediately if there is a breach by you of this Agreement, including:

a) Misuse of the Service;
b) Using the Service in a manner that adversely affects the provision of the Service to others;
c) Non payment of any sums owed to Trak Online;
d) If you become bankrupt or have a receiver, administrative receiver, administrator or liquidator (or similar officer) appointed over you or any of your assets;
e) It becomes unlawful for Trak Online to provide the Service; and
f) The Distribution Partner supporting the Trak Online Service ceases to do so for whatever reason or changes the terms of its provision of telecommunications services beyond the reasonable control of Trak Online.
g) Upon termination or suspension you agree to cease using the Service immediately and your right to use the Service ceases immediately.

Trak Online's maximum liability to the Customer, however arising under this Agreement, shall be limited to the amount paid by you to Trak Online during the year preceding the breach, in relation to any event or series of related events.

Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees, or fraudulent misrepresentation.

Trak Online shall not be liable under any circumstances to the Customer, or any third party, in contract, tort (which includes negligence and breach of any statutory duty), delict or otherwise for any loss of revenue, business use, goodwill, anticipated savings, profits or any other financial loss whatsoever, whether direct, indirect or consequential, or for any other indirect or consequential loss of whatever nature, howsoever arising in relation to the use of the Service or any failure or error or default by Trak Online in the provision thereof, or otherwise in connection with this Agreement. Save as otherwise set out herein, Trak Online will not be liable due to loss of confidentiality caused by the use of the Service.

The customer shall accept the readings as provided by Net 4 India as final and shall not be entitled to dispute any discrepancies in any data or information as provided by Net 4 India which shall include but shall not be limited to usage hours, quantum of data transferred and credit balance.

Trak Online shall not be liable under this Agreement for the acts, omissions and/or failures of the Customer, other licensed operators, or Customer Equipment, which may adversely affect the Service in any way.

Neither party shall be liable for any failure to fulfill its obligations hereunder caused by fire, lightning, explosion, vandalism, sabotage (including the infection of any computerized telecommunications system being used to provide the service), flood, inclement weather, act of God, insurrection or civil disorder, terrorism, riot or military operations, national or local emergency, acts or omissions of central or local government or highways authority, strikes, lockouts or other industrial or labor disputes, acts of third parties not under our control including in particular any acts or omissions of the providers of telecommunications or other infrastructure in the UK and elsewhere, or any cause, loss or damage (whether similar or dissimilar) which may be suffered due to any cause beyond its reasonable control, and the Agreement shall be suspended during the period of such delay without penalty for either side.

Information you provide or we hold about you (whether or not under our contract(s) with you) may be used by us and/or agents to:

a) Identify you when you make enquiries;
b) Help administer, and contact you about improved administration of, any accounts, services and products provided by us previously, now or in the future;
c) Carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information;
d) Help us to prevent and detect fraud or loss; and
e) Contact you by any means (including mail, email, telephone or text or multimedia messages) about other services and products offered by us, and selected partners. We will only contact you in this way if you have previously indicated your consent. In addition, we will only contact you by email, text or multimedia message about other people’s products and services, or products and services that are not similar to those that you have sought from us, if you have explicitly opted in to receiving such material.

We may disclose information we hold about you to third parties for the purpose of providing services you have requested, as part of the process of sale of one or more of our businesses or, where legitimately requested for legal or regulatory purposes, as part of legal proceedings or prospective legal proceedings.

You should also note that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.

ASSIGNMENT. Trak Online may assign or sub-contract its rights or obligations under this Agreement on giving written notice to the Customer. Assignation or sub-contracting of the Customer's rights and obligations will be permitted only with the prior written consent of Trak Online,

Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any right on any later occasion.

If any provision of this Agreement is held to be unenforceable, illegal or void in whole or in part, the remaining portions of the Agreement shall remain in full force and effect.

We may vary these terms and conditions at any time by posting the changes on our website and, where reasonably practicable, giving the Customer reasonable prior notice. We will only do this if we have a valid reason, for example to reflect changing arrangements with any operator of any telecommunications network or system over which we provide the Broadband Service or changing legal, regulatory or business requirements. If any variation of these terms and conditions is likely to cause material detriment to you: (i) we will also notify you of the variation in writing or by your chosen method of contact; and (ii) you shall have the right to terminate this Contract with immediate effect by giving us written notice. The Customer agrees that, if the Customer decides to use the Broadband after any variation(s) to these terms and conditions have been posted on our website or, in the case of a variation which is likely to cause material detriment, notified to you, the Customer will be bound by the terms and conditions as varied.

In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between representatives of both parties who have the authority to settle them.

In the event the parties fail to resolve the dispute amicably, then the matter shall be referred to arbitration of the Chairman of Trak Online, whose decision shall be final and binding on both the parties. The arbitration shall be conducted under the rules and regulations as framed under the Arbitration and Conciliation Act of 1996 or any subsequent enactments thereof. The venue of arbitration shall be New Delhi.