1. Background

1. Trak OnLine Net India (P) Limited is a Company incorporated under the Laws of India and have their registered offices at New Delhi 110066 hereinafter referred to as the Company.
2. The Company is engaged in the business of providing Internet Access Services to its Subscribers in New Delhi under the trade name Net4India.Com.
3. This agreement forms part of the terms and conditions, which has been clearly mentioned on the receipt issued by the dealer of the Company and to which the Subscriber has been made aware of at the time of purchase and the Subscriber has agreed to the same without any protest or demur.
4. The Company's Price List contains explanations, notes and conditions, which form part of this Agreement.
5. These conditions, the Price List and the registration form displayed and completed shall form part and parcel of this Agreement between the Subscriber and the Company for the provision of this service.

2. Definitions and Interpretation
   For the purpose of this Agreement unless the context otherwise requires:

1. Agreement shall mean the agreement between the Company and the Subscriber and shall incorporate the terms and conditions, the registration form completed at the time of sale and the Price List, contained in and connected with this agreement;
2. Business shall mean the business of selling Internet service through the Net4India - Internet Access Service carried on by the Company.
3. Clause and schedule shall mean respectively clauses and schedules in this Agreement unless the context requires a meaning to the contrary.
4. Information shall mean the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service;
5. Now and today shall mean the date of signing of this Agreement.
6. Prepaid subscriber shall mean the Subscriber having purchased the Service from the Company, limited by time, period and amount, and having paid the Company in advance for the Service;
7. Subscriber shall mean the customer with whom this Agreement is signed by the Company and shall include any assignee, nominee or authorised entity acting with the Subscriber's authority or consent;
8. The Company shall mean Trak Polymer (p) Limited having its registered office at 504 Bhikaji Cama Bhawan, Bhikaji Cama Place, New Delhi, 110066, its successors and assigns, and all other entities associated with them and involved in providing the service;
9. The Internet shall mean the global data network comprising interconnected networks using TCP/IP (Transmission Control Protocol/Internet Protocol);
10. The Price List and The Tariff Schedule shall mean the schedule of charges for the Service which is published by the Company and shall include such terms and conditions and interpretations as may be incorporated in the Price List from time to time;
11. The Service shall mean the service provided by the Company whereby the Subscriber can gain access to the Internet and, where applicable, any ancillary Internet work-based technologies, consulting and any Service and facilities which the Company provide and the Subscriber use in connection with the Service and which are set out in the Price List or as quoted in proforma invoices for tailor-made solutions made from time to time;
12. Third Party Content means all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service forming part of this agreement;

3. Provision of the Service

1. The Company agrees to provide the Subscriber with the service on the terms and conditions as contained in this Agreement.
2. The Service is supplied for decent and lawful purpose only and without any express or implied warranties save for decent and lawful purpose only and without any express or implied warranties save for those warranties expressed or implied which cannot be excluded or restricted under Indian Law.
3. The subscriber acknowledges that unused access time will not be carried forward after the expiry of time limit of the Agreement or after the expiry of amount paid by prepaid subscriber, whichever is earlier.
4. This Agreement shall run in concurrence with Licence Agreement between Department of Telecommunications and Ministry of Communications, Government of India and the Company for the operation of Internet services subject to other terms and conditions of this Agreement.
5. The subscriber is required to use Telecom Engineering Center (TEC), New Delhi approved Interface Equipment accessing Gateway Internet Access Services.
6. The subscriber understands further that the Internet contains unedited materials, some of which are sexually explicit or may be obscene and offensive to some people. The Subscriber access such materials at their own risk. The Company has no control over and accept no responsibility whatsoever for such materials.
7. We reserve the right to terminate any user who is using services supplied by or via net4india, if it is ascertained that the user or users' usage is adversely affecting our other customers who are using the same service.

4. Charges

1. It would be the responsibility of subscriber to make advance payment for Net4India Internet Access Services. The Company is entitled to disconnect the service in case of non-receipt of advance payment without giving any notice to the subscriber.
2. The Subscriber acknowledges and agrees that the subscriber will pay the Company the usage fee for hourly accounts and term fees for unlimited access accounts and other charges as and when they fall due and as may from time to time be notified to the Subscriber by the Company in accordance with this Agreement. The Subscriber also agrees to pay all applicable statutory levies and taxes relating to the use of the Service.
3. The Company shall have no obligation or responsibility to credit or refund any amount to the Subscriber when the Service is down or suspended.
4. The Company will invoice the subscriber on a periodic basis and send the same to the subscriber by post, courier, electronic mail or facsimile transmission.
5. All the terms and conditions of the tariff plans and payments shall be notified by the Company from time to time by way of Tariff schedules and the same shall be binding on the Subscriber. The entire subsequent tariff schedules, manuals, booklets etc. issued by the Company from time to time shall be binding on the Subscriber.

5. Deposit

1. The subscriber shall pay a sum of Rs. _______ towards security deposit to the Company, which the Company will hold on to until the expiry or earlier termination of this Agreement.
2. The Company shall not pay and the Subscriber shall not be entitled to claim any interest on this Security Deposit paid by the Subscriber.
3. The Subscriber has to pay the Company interest free security deposit as and when specified by the Company. The Company also reserves the right to ask the Subscriber for advance deposit any time during the sustenance of this Agreement for use of service and it shall be binding on the Subscriber.
4. In case of default in payment or any other charges to be paid by the Subscriber, the Company shall be entitled to retain the deposit in full or partial satisfaction of any sums due from the Subscriber to the Company.
5. On termination of this Agreement, provided all sums payable to the Company have been duly paid, the balance (if any) of the deposit will be repaid to the Subscriber without any interest on deposit.

6. Security

1. The Company for the purpose of security and for the subscriber to access the Service will issue a set of unique passwords to the Subscriber.
2. The service and passwords will always remain the exclusive property of the Company. The Subscriber is licensed to use it to obtain access to the service only during sustenance of this Agreement. At the end or termination of the agreement the right of the Subscriber to use the service and passwords ceases automatically.
3. The Subscriber shall be responsible for the security and proper use of all passwords relating to the Service.
4. The Subscriber will not disclose the password to any third parties.
5. The Subscriber must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.
6. The Subscriber must inform the Company immediately if and when someone not authorized to use it has gained knowledge and possession of any password or if any password is being or is likely to be used in an unauthorized way.
7. If the Company has any reason to believe that there is likely to be a breach of security or misuse of the Service the Company may change the password issued to the Subscriber and notify the Subscriber accordingly.
8. If the Subscriber forgets the passwords issued by the Company, the Subscriber can contact the customer service center by telephone and after satisfying such security checks as operated by the Company from time to time, will be given a new password to enable the Subscriber to use the Service.
9. The Subscriber agrees to notify the Company immediately of any changes to the information given to the Company whilst registering for the Service. This will include any changes to the Subscriber's account details by e-mail, facsimile, courier or registered post.
10. The Subscriber confirms and warrants that all the information supplied by the Subscriber whilst registering for the Service are true, complete and accurate in all respects.
11. The Company reserves the right to verify the information given by the Subscriber in the application form and can also use the information through the Company's authorized agent or representative to verify the data at the addresses given by the Subscriber or from any other independent source. The Company reserves the rights to use this information and data at the Company's discretion.

7. Restrictions on Use

1. The Subscriber is not allowed to resale the Service (except World Wide Web service not provided by the Company) and the right to access is subject to limits and restrictions established by the Company from time to time.
2. If the Subscriber is a value added telecom service provider, the Subscriber would require necessary permission and/or license from Deputy Director General (CS), Department of Telecommunications, Sanchar Bhawan, 20 Ashok Road, New Delhi, 110001 [Tel: (011) 3326255/303 2855, Fax: (011) 3327656].
3. As per Department of Telecommunications, Government of India, Telephoning on Internet is not permitted. This Service Agreement and the service will be automatically terminated for any violation of this clause of the Agreement.
4. The Subscriber is required to fully comply with the provisions of the Indian Telegraph Act, 1855, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time.

8. Liability

1. The Company shall not be a party to any transaction including, without limitation, for goods, Service and/or Third Party Content, between the Third Party content provider, etc. and the Subscriber.
2. In no event shall the Company or their employees shall be liable to anyone for any special, incidental or consequential damage arising out of or in connection with the use of (or inability to use) the service, including, without limitation, damage resulting from or for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever, non-deliveries, or service interruptions whether attributable to any negligent act or omission of the Company, or their employees or otherwise. No guarantee of end-to-end bandwidth on Internet is made.
3. While every effort is made by the Company to provide highest quality of Service to the Subscriber of the service (Dial-up access, Leased Line access, web-site hosting, web server co-locations etc.), the subscriber acknowledges that the subscriber's linking quality and speed of data transmission with the Company's network is entirely dependant on the relevant line connectivity/ speed that may be achieved from MTNL/DOT/VSNL/Basic Operator’s systems. Accordingly, the Company shall in no event be responsible to the subscriber in any manner whatsoever for any failure, defect in connectivity or accidental loss of connectivity of the subscriber with the Company's network or the deficiency in data transmission between the Subscriber and the Company's network, or any inconvenience, damage or loss that may be caused to anyone or of any kind arising therefrom.
4. The subscriber shall be under an obligation to inform the company in writing as to unauthorised usage of the subscriber's password as specified in Security clause above. In case of failure on the part of the subscriber, the subscriber shall be entirely liable for all the charges incurred by that unauthorised usage.
5. Any termination of this Agreement shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in favour of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination.

9. Undertaking from the Subscriber

1. Subscriber shall not use the services to take any actions or make any statements that:

1. infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy,
2. violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control);
3. are defamatory, libelous or unlawfully threatening;
4. are pornographic or obscene;
5. violate any laws regarding unfair competition, anti discrimination or false advertising, or
6. result in the distribution of viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programs/computer viruses. Subscriber may not use the services to distribute any bulk unsolicited emails or otherwise cause an excessive or disproportionate load on the Company’s or the Company’s roaming partners’ network.

2. The Subscriber will be responsible and liable for and will indemnify the Company in respect of liability for any and all use of the Subscriber's account or the Subscriber's password(s) or otherwise by virtue of the provision of the service to the Subscriber including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights and any breach or non-observance of any term of this Agreement by the Subscriber.
3. The Subscriber undertakes to indemnify the Company from all claims for damages arising out any act committed by the Subscriber as mentioned in paragraphs here in above.

10. Withdrawal, Suspension & Termination of Service and Termination of Agreement

1. The Company may at any time, at its sole discretion and without prejudice to any other remedy available to it at law, either terminate this Agreement and the Subscriber's access to and use of the Service immediately or suspend the Company's access to and use of the Service until such breaches under this Agreement are remedied.

1. If the Subscriber has failed to comply with any of the express and implied obligations under this agreement or any agreement supplemental to it.
2. If the Subscriber has failed to make payment of any money payable by the Subscriber in terms of this agreement on the due date whether demanded or not.
3. If the Subscriber fails to comply with any of his obligations under this agreement or any agreement supplemental to it and the failure (if capable of being remedied) remains un-remedied after being called upon to remedy by way of written notice by the Company.
4. If the Subscriber's use of or action in connection with the use of the Service is deemed inappropriate, in the Company's sole opinion, in the matter of continued use of and/or subscription of the Service;
5. In case of any incorrect information found in the application form given by the Subscriber, the Company reserve the right to partially or fully withdraw/suspend/terminate the service forthwith without any notice in that regard.
6. The Company reserves the right to partially or fully withdraw, suspend or terminate the service with or without notifying the Subscriber in case the Subscriber's payment instrument is returned unpaid to the Company for whatever reason by the Subscriber's bankers.

2. The parties to this Agreement may terminate this Agreement without cause and without prejudice to the rights of the Company as specified in this Agreement, by serving at least 30 days written notice on the other side. In case of termination by the Subscriber in these circumstances, the advance paid by the Subscriber shall not be refundable.
3. The Company may and is entitled to suspend the service during technical failure modification or repair or testing of the service network.
4. Subject to sub Clause 1 the Company may terminate this Agreement and the service at any time by informing the Subscriber by post, courier, electronic mail/or facsimile transmission.

11. Consequence of Withdrawal, Suspension and Termination of Service and Termination of Agreement

1. If the Company suspend or terminate the service pursuant to Withdrawal, Suspension, & Termination Service and Agreement Clause above, the Subscriber have no right to any data stored and the Company shall be under no obligation to make such data or any copies of it available to the Subscriber in any form whatsoever. Should this Agreement terminate for any reason whatsoever, the Subscriber's data stored on the Company's facilities will be explicitly erased without prior notice.
2. The Company shall not be responsible to make refund for the unused time of the Subscriber.
3. The Subscriber shall continue to be liable to pay the Company the outstanding sums as may be due in the books of accounts of the Company along with all the interests and other sums which may have become due to the Company by the Subscriber.
4. In such cases of termination of the Agreement or services by the Company, the Company shall not be liable to pay any damages to the Subscriber in any form whatsoever.

12. Reinstatement after Withdrawal, Suspension & Termination of Service and Termination of Agreement

1. Reinstatement of withdrawal, suspension or termination of the services or Agreement is only possible in the following circumstances:

1. Full payment by the Subscriber of outstanding balance and other charges plus initial signing up fee as may be applicable.
2. Complete remedy of the breach, which has been committed by the Subscriber.

2. It shall be the Company's sole discretion to allow (or otherwise) such reinstatement of the service in full or partially.

13. Assignment and Transfer

1. The Company may assign this Agreement at any time and that will be binding on the Subscriber.
2. This Agreement, the service and passwords shall be non-transferable by the Subscriber in nature and any private transfers effected by the Subscriber shall not absolve the Subscriber of the Subscriber's primary duty towards the Company for the charges levied pertaining to such particular Agreement/ service/password. However, the Subscriber may seek the Company's prior permission in writing for intended transfer. In case of such permission being granted by the Company, the Subscriber shall be under an obligation to fulfill requisite documentation formalities and payment of charges as specified by the Company from time to time. The Subscriber shall be liable and under an obligation to fully discharge the Subscriber's payable dues till the date of such regularised transfer from the Company.

14. Obligations of the Subscriber

1. The subscriber understands that the software supplied by the Company is protected copyright of the Company and copying of the same is liable to attract legal action under copyright Act.
2. The subscriber is required to fully comply with the provisions of the Indian Telegraph Act, 1885, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time.
3. The Subscriber must comply with the Company requirements as regards access equipment and/or mode of access to and/or use of the Service.
4. It will be the subscriber's responsibility to inquire about the outstanding and in case of non-receipt of bill the subscriber will have to contact the Company and pay the amount due by the due date.
5. Payment would become due on the due date as mentioned on the invoice. All charges must be paid in full without any deduction, set-off or withholding. If the subscriber does not pay the amount due by the due date, the Company will charge interest at the rate of 2% per month on the outstanding amount until the outstanding amount has been paid in full by the subscriber.
6. In case, where it is necessary to pay Licence Fee to Department of Telecommunications/MTNL for connecting Modem/other Interface equipment etc. to PSTN, subscriber is required to complete necessary formalities with local DOT/MTNL office.
7. The subscriber is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country, are not made by them or any other person using his password.
8. The subscriber is required to desist from sending unsolicited messaging via Net4India.
9. The Subscriber is responsible for and must provide all telephone lines and other equipment necessary to access the Service and the Subscriber shall be responsible for any charges accruing to the Subscriber’s basic operator.
10. The Subscriber understands further that the Internet contains unedited material, some of which is sexually explicit or may be offensive to some people. The Subscriber's access to such material will be at the Subscriber's own risk. The Company has no control over and accept no responsibility whatsoever for such materials.
11. The Subscriber will not reproduce, distribute, publish, copy, download or otherwise exploit any Third Party Content which is protected by copyright or similar rights unless the Subscriber own or control the relevant rights thereto or have obtained all the requisite licenses and approvals.
12. The Subscriber will not transfer or share Subscriber account with anyone.

15. Obligations of the Company

1. The Company would try to maintain the Internet links as reliably as possible. However, it would not be responsible in case of interruptions in the network beyond its reasonable control.
2. The Company would try to upgrade Network capacity so as to provide desired speed of connections to the subscribers. However the subscriber understands that the connection speed achieved are dependant upon various factors beyond the control of the Company including but not excluding physical line quality, modem/router speed and also the load on the internet and world wide web.
3. The Company will give to the Subscriber in writing any information required as per statutory requirement for use of the service as notified to the Subscriber from time to time.

16. Rights of the Company

1. Under no circumstances the Company or the Company's affiliates or their contractors shall be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result in any way from the Subscriber's, use of or inability to use the service or to access the Internet or any part thereof, or the Subscriber's reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
2. The Company reserves the right to assign the Subscriber a credit limit based on the Company's own independent assessment that shall be binding on the Subscriber.
3. The Company also reserves the right to partially or fully withdraw/suspend/ terminate the service in case the Subscriber's usage of service exceeds credit limit assigned by the Company.
4. The Company does not however, guarantee to effect such withdrawal/ suspension/termination immediately when the credit limit is reached.
5. The Company also reserves the right to revise the Subscriber's credit limit from time to time without any notice to the Subscriber and it shall be binding on the Subscriber.
6. The Company reserves the right to disconnect or deactivate the Subscriber's equipment or software or connection at anytime without prior notice including in situations where the equipment or software is interfering with the Company other Service.
7. For the purposes of the legal provisions or otherwise, the Subscriber further acknowledges, agrees and authorizes the Company to access, copy amend or delete any Third Party Content or content which is, or is alleged to be, defamatory, in breach of copyright, illegal or is otherwise not appropriate in the Company's sole opinion to be accessed or otherwise provided by or through the use of the Service.
8. The Company reserves the right to amend any particular program, information or facility, which the Company provides or may provide through the Service. The Subscriber agrees to abide by all applicable laws relating to the use of the Service and any Third Party Content. The Subscriber must abide by generally accepted rules of conduct relating to proper use of Internet resources.
9. The Company reserves the right to withdraw, suspend or terminate the Service partially or fully in case of non-payment of invoice by the due date.
10. The Company reserves the right to revise the charges, Price List, Tariff Schedule and security deposit for the Service from time to time at the sole discretion of the Company and which shall be binding on the subscriber.
11. The Subscribers of Net4India would not be allowed to use Net4India Access Services for inter-active voice or fax messaging.
12. The Company reserves the right to grant or not to grant the service to a prospective customer subject to all material particulars being found correct on verification by the Company.
13. The Company can update the service without prior intimation to its subscribers.

17. Disclaimer

1. The Subscriber assumes total responsibility and risk for use of the Net4India. Neither the Company nor the Company's affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non- infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through the Internet, and the Company shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely the Subscriber's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the service or in the Internet generally.
2. While every effort is made by the Company to provide highest quality services to the Subscriber of Net4India Internet Services (E Mail, Dial-up access, Leased Line access, web-site hosting, web server co-locations etc.), the Subscriber acknowledges that the linking, quality and speed of data transmission of the Subscriber with the Company's network is entirely dependant on the relevant line connectivity/ speed that may be achieved from MTNL/DOT/VSNL/Basic Operator’s systems. Accordingly, the Company shall in no event be responsible to the customer in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity of the Subscriber with the Company's network or the deficiency in data transmission between the Subscriber and the Company's network, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising therefrom.
3. Although the Company has taken all necessary steps to minimize Year 2000 risks, the Company does not make any express or implied warranties and representations of any kind with regard to the Company's Year 2000 readiness. The Company will in no way be responsible for non-delivery of service or any other consequences due to Year 2000 problem, except to refund the dues collected for the affected service for the duration of non-performance.
4. The service is provided on an As is and Available basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose, No advice or information given by the Company or the Company's affiliates or their respective employees shall create a warranty. Neither the Company nor the Company's affiliates warrant that the service will be un-interrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.

18. Notice

1. Save as specified in this Agreement, any notice or other communication to be given by the Company under this Agreement shall be in writing and shall be served by leaving it or sending it by e-mail, facsimile, courier or post at the Subscriber's address as specified in this Agreement or as are notified by the Subscriber as per the security clause above.

19. Law and Jurisdiction

1. If any term or condition of this Agreement becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed deleted from this Agreement.
2. Neither the course of conduct between the parties nor trade practice will modify the provisions of the Agreement. If any provision of this Agreement is determined to be invalid the other provisions shall remain in full force and effect. The provisions of all obligations of and all restrictions on the Subscriber will survive the termination of this Agreement.
3. No failure or delay on the part of the Company to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise or any right or remedy preclude the further exercise of all such rights or remedies as the case may be available in terms of the Agreement.
4. The laws of India govern the Agreement and the Subscriber hereby submit to the exclusive jurisdiction of the Courts of New Delhi.

20. Arbitration

1. In the event of any question, dispute or difference arising out of provisions of the service, the matter shall be referred to the sole arbitration of the person nominated by the Chief Executive Officer of the Company.

21. Force Majeure Clause

1. If at anytime, during the continuance of Net4India Internet Access Services, the performance in whole or part, of any obligation under it shall be prevented or delayed or terminated by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of God etc, the subscriber shall not have any claim for damages against the Company in respect of such non-performance or delay in performance of Net4India Internet Access Services.
22. Variation of Terms and Conditions

1. The Company reserves the right to modify and amend this Agreement, the service, operating procedures or any of its service fees, late charges and prices and may discontinue or revise any or all other aspects of the service at the Company's sole discretion.

I/WE have carefully read the terms and conditions of the agreement and technical specifications of Net4India Internet Access Services and agree to abide the same.

For Office Use

Acknowledgement