For the purpose of these TERMS AND CONDITIONS unless otherwise specified in the subject
or context the following terms shall be deemed to have the following meanings:
- Definitions:
HATHWAY - Refers to Hathway Cable & Datacom Limited having its Registered
Office at ‘Rahejas’, 4th Floor, Corner of Main Avenue & V.P.Road, Santacruz West, Mumbai
400054 which has been granted a License by the Government of India, Ministry of
Communication, Department of Telecommunication for providing Internet Service and which
has established network system for providing such Internet Service.
- Associate - Means a person, whether an individual, firm, company, association of persons or
any other entity who represents HATHWAY as HATHWAY Associate in a designated
Associate Area and adds value by marketing and maintaining Service(s) to the Customers
- Associate Area - Means any portion of an area within the LOCAL AREA, which has been
identified and designated as Associate Area within which the Associate has to perform his
duties under an agreement with HATHWAY and includes a whole building located within the
said Associate Area.
- Broadband - TRAI (Telecom Regulatory Authority of India) has defined broadband as “An
always on data connection having the capability of minimum download speeds of 256 kbps”.
- Connection - Refers to all activities associated with providing of Services for accessing
internet by the Customer or by his authorized person at Customer Premises, through
HATHWAY or its authorized Associate.
- Installation Charges - Refers to the one time up-front, non refundable charges payable to
HATHWAY for the type of connection requested by Customer as determined by HATHWAY
from time to time, which includes service activation charges.
- CPE - Means Customer Premises Equipment, including the Modem and/or Router / Others
installed by HATHWAY at Customer Premises and required for accessing the Internet.
- Customer - Means any person who has agreed to avail under these terms and conditions
Services from HATHWAY and to pay all the Installation Charges and Service Charges for the
Services provided to Customer and/or their authorized person or persons.
- Customer Premises - Means the address and location indicated by the Customer for using the
Service(s).
- Day - Means 24 hours commencing from 0.00 hrs and ending with 24.00 hrs and includes a part of the day.
- Download - Means viewing/copying / receiving any data from the internet down to CPE/PC/
Device with the help of Service(s).
- GB - Means Gigabyte
- MB - Means Megabyte
- Installation - Means installing the Service(s) at the Customer Premises by connecting the PC/Device/ CPE with the network of HATHWAY and may include installation of the required software for connecting to the Internet.
- Internet means global information system that:
- logically linked together by a globally unique address, based on Internet Protocol (IP)
or its subsequent enhancements/upgradations.
- able to support communications using the Transmission Control Protocol/ Internet
Protocol (TCP/IP) suite or its subsequent enhancements/upgradations, and all other IP
Compatible protocols.
- IP - Means Internet Protocol
- IP Address - Operation of Internet service requires IP address, which is at present 32 bit binary address. This is required for each connection on Internet. Typically it is required for
ports of routers and other HATHWAY equipment and also for connections to be provided to
end Customer
- LAN - Means Local Area Network involving use of two or more computers through a LAN
system.
- Last Mile Linkage - Means linking the Customer's PC/ Device and/or the CPE with the
network equipment of HATHWAY / Associate through cables or any other medium.
- Local Area - Means an area between the address of the Customer PREMISES and nearest
network equipment of HATHWAY and /or Associate as applicable.
- Message - Means anything falling within sub clause / Paragraph 3 of section 3 of Indian
Telegraph Act 1885.
- Month - Means calendar month commencing from 1st of every month till the end of that
month and includes a part of the month.
- POP - Means the Point of Presence set up by HATHWAY in the Associate Area situated at
the address which would serve as a connectivity point for providing the Service(s) to the
Customer .
- Pre-paid - Means a method of payment for internet service that allows a customer to prepay
for a set amount of internet usage in advance of actual usage. Generally, a customer's prepaid
account is debited on a real-time basis so that actual usage cannot exceed the prepaid amount
until an additional pre-payment is made. Once the Customer reaches the usage or time limit
prescribed, then the connection will get deactivated automatically unless the service is renewed.
- Post-paid – Means a method of payment for internet service where a customer pays advance
for subscription. Usage will be paid in arrears, subsequent to consuming the services. Service
will not be disconnected till the time customer requests for the same in writing or in case the
customer defaults in payment of the usage charges.
- Service Charges - Refers to charges payable depending upon the type of service requested by
Customer.
- Services or Service - Means all types of Internet access services, Value Added Services
(VAS), and all such associated Services offered or that may be offered by HATHWAY under
its Service Packages currently under the brand Hathway Broadband.
- Service Packages - Means any one of the packages or schemes introduced by HATHWAY
from time to time and to which the Customer has opted for at the time of signing this
agreement.
- Static IP Address - is a number (in the form of a dotted quad) that is assigned to a computer
by an Internet service provider (ISP) to be its permanent address on the Internet.
- TCP - Means Transmission Control Protocol.
- Usage Bill - Means the bill indicating the charges payable by the Customer for the Service(s)
availed from HATHWAY for each billing period.
- Year - Means calendar year comprising of 12 calendar months commencing from 1st January
and ending with 31st December and includes part of the year.
- Service Activation
- The Customer shall submit an application duly signed along with consent to agree
by these terms and conditions to HATHWAY directly or through any of its
Associate along with these terms and conditions seeking the Service(s).
- The address of the Customer Premises where the Customer desires to have the
Service(s) installed by HATHWAY shall be the address given in the relevant
column in the APPLICATION FORM duly completed and signed by Customer.
- HATHWAY reserves the right to conduct a technical & economic feasibility study
on the basis of which a feasibility report will be prepared to ascertain whether it is
feasible and advisable to provide the Services at the said Customer Premises.
- Upon receipt of the said report recommending to the effect that the Service(s) to the
Customer Premises is feasible the Customer's application for the Service(s) will
thereafter be processed by HATHWAY.
- HATHWAY or its Associate after satisfying itself about the correctness of the
information stated in the said application by the Customer, will intimate Customer to
pay the required charges together with such taxes, duties and levies as may be
determined by the authorities.
- On receipt of Installation Charges and other levies if any as mentioned in the
preceding clause from the Customer for Services at the Customer Premises,
HATHWAY will initiate the installation procedure.
- For removal of doubts if any it is hereby clarified that the Connection and Service(s)
will be provided by HATHWAY at the Customer Premises indicated by the
Customer in the above said application form only upon the Customer
unconditionally accepting these terms and conditions. For this purpose the Customer
shall sign these terms and conditions as a token of having accepted the same and
deliver it to HATHWAY .
- Customer shall grant to the personnel authorized by HATHWAY , during such time
as per HATHWAY 'S discretion, access to Customer Premises as may be necessary
for installation and maintenance of CPE and or the software required for connecting
to the Internet. The general and special property in the CPE shall vest exclusively
with HATHWAY .
- HATHWAY shall make reasonable efforts to provide Connection to all applicants.
However HATHWAY 'S ability to provide Connection may be affected by factors
outside HATHWAY control such as physical distribution, geographic, topographic,
meteorological or other telecommunication networks. HATHWAY reserves the right
to provide Connection at its sole discretion as per its network design considerations.
It is expressly understood that application to this service does not guarantee
Connection from HATHWAY . HATHWAY shall however provide the Service(s)
of the acceptable grade, consistent with the established and generally accepted
standards on a best efforts basis.
- The Customer shall ensure to understand the configuration of CPE/PC/ Device
needed for installing and running the Connection for the Internet package, before its
purchase. Neither HATHWAY nor the Associate shall be responsible for installation
of software needed for the internet package and the Customer shall ensure that
competent persons have satisfactorily done the same. Without prejudice to the
foregoing HATHWAY or the Associate will render the required customer advisory
service sans recourse.
- (i) Upon getting the Connection the Customer shall get an E-mail address authorized by
HATHWAY . HATHWAY will use this E-mail address for sending the communications
to the Customer. In case the customer has provided an alternate email ID then
HATHWAY may also send communications to that Email ID , however the primary
Email ID for sending communications will be the Email address provided by
HATHWAY . The user id and password provided by HATHWAY created by the
Customer , for accessing the service shall remain the exclusive property of HATHWAY
, and the Customer is permitted to use the same only during the validity period of the
Service , and as such the right to use the same ceases at the end of the period.
HATHWAY reserves the right to withdraw, amend, modify or delete any user id and/ or
password at any time without assigning any reasons therefore.
(ii) HATHWAY is not responsible for compatibility problem(s) due to change of
hardware/ software at the customer premises.
- Billing & Payments
- Bills for Service Charges will be sent by E-mail to the email address assigned to the
customer as mentioned in point 11.(i) above. The e-mailing of the bill to the Post-paid
Customer will be the conclusive Proof of Delivery of such communication and no
complaints regarding non-receipt of such communication is tenable in law and on facts.
HATHWAY reserves the right to change the method of communication as it deems
appropriate. The Post-paid Customer is therefore well advised to check for the Service
Charges bill sent to him/her and shall act accordingly. HATHWAY also reserves the
right to send other communications by email to the Post-paid Customer at their email ID
as allotted by HATHWAY . Communication made by HATHWAY through email shall
be conclusive Proof of Delivery of such communication and no complaints regarding
non-receipt of such communication is tenable in law and on facts.
- Post-paid Customer would be liable for payment of the Service Charges according to the
terms of the package or scheme opted for by the Customer and as modified by
HATHWAY from time to time.
- It would be the responsibility of the Post-paid Customer to make payment of the Service
Charges on or before due date as mentioned in bill. HATHWAY shall disconnect the
service in case of non-receipt of such payment within the stipulated time as it may think
fit without notice to the Post-paid Customer. Incase of Prepaid customers firstly the
payment has to be made by the customer, then only the service will be activated.
- HATHWAY reserves the right to change the periodicity of billing from time to time and
to vary the tariff/charges as well as the facilities available under various Service
packages.
- HATHWAY shall determine the charging pattern of the package or scheme opted by the
Customer and the Customer shall pay as per the pattern set by HATHWAY .
- Content - Any paid content would be clearly indicated on the site. For time based plans,
time spent on the content site would be charged according to the plan. For volume based
plans, MB of content data consumed would be charged according to the plan.
- To avoid disconnection of Service(s) the Customer shall pay within the stipulated date
payment of Service charges levied by HATHWAY . The customer shall not wait for the
receipt of the relevant bill in the case of packages/schemes requiring advance payment
of the monthly Service Charges.
- Non receipt of monthly bill cannot be a ground for non-payment of the monthly charges
and HATHWAY reserves the right to declare the Customer as a defaulter and will
enforce the terms for such default.
- Without prejudice to the foregoing HATHWAY will email to the Post-paid Customer
bills as per the billing cycle of the customer.
- Non-payment of bill/other dues whether to HATHWAY or Financial Institution with
respect to the Service(s) herein within the stipulated time would entail disconnection.
- Pre-paid customer’s account will automatically get disconnected on expiry of the
validity period or the pack value whichever is earlier.
- Upon disconnection, to get themselves reconnected the Customer will have to pay
reconnection charges, if any as specified by HATHWAY , along with Service Charges
during which period the Connection and Service(s) remained disconnected, if and as
applicable. HATHWAY will decide if the reconnection charges are to be paid
immediately on disconnection or to be paid after a stipulated period from the date of
disconnection.
- HATHWAY reserves the right to levy “Late payment fees” as determined by it from
time to time, in case the Customer does not pay the bill within the stipulated time for
payment.
- If the Customer does not apply for reconnection within a stipulated period from the date
of disconnection, HATHWAY reserves the right to permanently terminate the
Connection provided to the Customer.
- HATHWAY shall reconnect the disconnected Connection only subject to payment of all
outstanding by the Customer including the Late payment fees & the Reconnection
charges, if and as applicable.
- HATHWAY reserves the right to charge an interest free security deposit from customer
either Post-paid or prepaid. The deposit shall be refunded to the customer at the time of
Service termination after adjusting all outstanding payable by the customer.
- HATHWAY reserves the right to charge an interest at a rate determined by it from time
to time and calculated on the monthly balance method. The interest will be charged on
amounts outstanding and due to HATHWAY apart from any other charges.
- Mode of payment by Customer would be through ICICI Payment Gateway by credit
Card ( only valid Visa or Master Card ) on Hathway site.
- The payment can even be made by cheque in favour of Hathway Cable & Datacom
Limited or by paying cash at our authorized collection centres.
- Should the Customer's cheque get dishonored more than 3 times in a year, the facility of
payment by cheque will be withdrawn. However notwithstanding the above
HATHWAY reserves the right to proceed against the Customer legally as it deems fit.
The customer will have to pay the requisite cheque returned charges per cheque as
applicable.
- Customer would have the option of direct remittance of Service Charges to HATHWAY
account.
- Service tax/other statutory levies as applicable would be payable by the Customer.
- Should any Customer contend that he has been billed wrongly; the onus would lie on
him to prove the same with documentary evidence. In case of Post paid customer, the
Customer shall pay up the amount outstanding against the bill and raise a claim
separately to prove his contention. After necessary examination and scrutiny, both for
prepaid and Post-paid, if the customer is proved right, HATHWAY shall refund the
excess money collected by it from the Post-paid Customer by giving a credit to his
account in the succeeding bill and in the case of prepaid Customer, credit the account to
that extent without changing the validity of the account.
- HATHWAY shall have the right to check, investigate and verify the credentials of the
Customer and prospective Customer including their financial standing before and after
extending Services and to employ or avail the services of any person or agency for such
purposes; HATHWAY shall have the right to disconnect Services permanently should
the Customer be a defaulter in payment without any refund from HATHWAY .
- HATHWAY may be required to disclose any information or particulars about the
Customer to any authority, statutory or otherwise, including but not limited to any debt
collecting agency, credit reference agency, security agency, financial institution or bank
and HATHWAY reserves the right to comply with, at its discretion.
- Ownership of Equipment
- The title to all CPEs and the wiring supplied by HATHWAY , shall always remain with
HATHWAY. The Customer shall not claim any lien, charge or any form of
encumbrance over such equipment at any time .The Customer is entitled only to Services.
- No equipment installed by HATHWAY shall be removed from Customer Premise
without the prior written consent of HATHWAY . It is expressly agreed that the general
and special property to the equipment shall vest exclusively with HATHWAY
- HATHWAY shall remove the CPE from customer’s premises, in case of termination of
services either by HATHWAY or on request from customer.
- Performance and Up gradation of SERVICE.
- HATHWAY would try to upgrade Network capacity so as to provide desired speed of
connections to the Customer. However the Customer understands that he may not be
able to operate at the desired speed at all times.
- All Internet Nodes of HATHWAY may be interconnected with high-speed links
provided by other agencies, that are responsible to maintain these links as reliable as possible. However, they do not own any responsibility in case of interruptions in the
network beyond their reasonable control. HATHWAY does not take any responsibility
whatsoever for any interruption caused by the quality of these links and no claim for
damages or any other liability whatsoever will be entertained by HATHWAY either
from the Associate or from the Customer or anyone else in this regard.
- In order to provide speed of connection of Service(s) or otherwise, HATHWAY
reserves the right to upgrade the Service(s) without prior intimation either to the
Associate or the Customer.
- Services may be suspended in whole or in part at any time without notice if the network
requires urgent modification or maintenance. HATHWAY shall make all reasonable efforts to minimize the frequency and duration of such events.
- HATHWAY reserves the right to conduct a survey to seek feedback of the customer on
the Service(s) provided by HATHWAY .
- Service discontinuation & Refund
- The Customer can discontinue Service(s) by providing a written notice to
HATHWAY. HATHWAY would stop providing Service(s) to the Customer within
one month from the date of receipt of written notice from customer. How ever if the
customer makes any usage within this period, he shall be liable to make payment for
the same. HATHWAY shall always have the right to withdraw the CPE and the
Cables which right shall be exercised on discontinuance of Services.
- No refund would be given to pre-paid customer other than refundable deposit.
- Refund shall be given to customer after adjusting all their outstanding balance.
- Post-paid subscriber would be given refund for refundable deposit and any other
credit lying in their account.
- Refund would be given to customer only after customer has surrendered the CPE to
HATHWAY.
- Shifting of Connection Location
- It is expressly understood by the Customer that the Connection provided by
HATHWAY is location specific. Connection will be provided at the location indicated
by the Customer against the ‘Connection/Installation Address' in the application form.
- Shifting of the location of Connection and Service(s) from the Customer Premises by
HATHWAY to another location in any other premises will be done by HATHWAY ,
subject to technical and economic feasibility and subject to Customer applying for the
same in the prescribed form and paying in advance the charges for relocating the
connection at the new address.
- HATHWAY does not guarantee and/or will not undertake transfer if the said feasibility
report indicates that the transfer is not viable technically or otherwise. HATHWAY or
Associate will not be liable to pay any refund of the amount paid for installation or use
of service of the said services in case the Customer requests for a shift of location to an
area where the Services are non feasible.
- Prohibitory Clauses
- The Connection is given by HATHWAY only for providing Service(s) to the Customer
alone. The Customer shall not reassign the service to any other third party. Service(s) is
not for resale.
- The circuit will be extended on point-to-point basis and no network will be connected.
For any network connection the required approval of Department of elecommunication
or the applicable Basic Service Providers shall be taken in advance by the Customer.
The Customer shall not use any hardware and or software that are unlawful or not
permitted by the appropriate authorities. The Customer shall make available on demand
to HATHWAY , full and complete access to the equipment connected to HATHWAY 's
Service(s) for technical scrutiny and detailed inspection. The Customer shall not use any
encryption equipment that is beyond the level permitted by the appropriate authority
without the prior written permission from the appropriate authority. In all such events
the Customer shall ensure to deposit one set of keys with the appropriate authority and
submit one copy of the written approval/permission issued by the appropriate authority
to HATHWAY before installing any such equipment.
- The Customer shall ensure to use Service(s) as per the prevailing laws of the country.
The Customer shall ensure that the network is not used for any illegal and or
antinational activity. The Service shall not be used in any manner that may endanger or
make vulnerable any network infrastructure. Violation of any of these terms and or any
acts such as break-ins or attempted break-ins of Indian networks will be regarded as
anti-national acts and shall attract penal action by the concerned authorities, including
but not limited to disconnection by HATHWAY .
- The Customer shall not send unsolicited messages and shall not send messages
(spamming) to HATHWAY or anyone else in a language that is prohibitive, defamatory,
vulgar, vituperative, or otherwise via Services. Should the Customer violate this
condition, HATHWAY reserves the right to disconnect Service(s) and the Connection
permanently without prejudice to any other action under the laws of the country.
- The Customer is required to ensure that objectionable or obscene or pornographic messages or communications, which are inconsistent with the established laws of the country, are not made by him or by any other person using his facility. Should the Customer violate this condition, HATHWAY reserves the right to disconnect Service(s)and the Connection permanently without prejudice to any other action under the laws of the country.
- The Customer shall not resort to hacking or destroying the Internet sites including the
websites of HATHWAY . The Customer is required to desist from putting unsolicited
messages on server hosted at HATHWAY 's premises. Should the Customer violate this
condition, HATHWAY reserves the right to disconnect Service(s) and the Connection
permanently without prejudice to any other action under the laws of the country. The
Customer shall not object to any steps taken by HATHWAY to prevent sending or
receiving spam mails through the service. The Customer shall ensure that objectionable
or obscene messages or communications inconsistent with the established laws of India
are not made, created, downloaded, modified, transmitted or retransmitted by the
Customer or any other person using the Customer's ID and password.
- The Customer is prohibited from transferring the rights and facilities to any other
person. The Customer is not permitted to commercially exploit Service(s) without the
prior written permission of HATHWAY and upon compliance of such terms and
conditions as may be determined by HATHWAY . The Customer is given only a limited
use of Services.
- The Customer is required to fully comply 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 and all other relevant laws and enactments
prevailing in the country.
- The Customer who is desirous of obtaining interconnection with HATHWAY who
wants to use this interconnection for the provisioning of Internet services to its
customers shall ensure to have a valid ISP license from the appropriate authority and
will also need to have the express written permission of HATHWAY .
- The Customer shall not connect any device to the Service(s) without the express written
permission of HATHWAY . The Customer is not authorized to change the setup without
prior written approval from HATHWAY .
- The network setup connection to the Service at the Customer premises will be as per
HATHWAY 'S approval only. Any change or alteration of the same by the Customer or
any person acting on their behalf without express consent of HATHWAY is expressly
prohibited.
- HATHWAY reserves the right to disconnect Service(s) and the Connection permanently, without notice, without prejudice to any other action under the laws of the
country, should the Customer violate any of the conditions contained herein.
- HATHWAY reserves the right to control/monitor the functionality of the Device
provided to the Customer , from its end, during the Service period.
- Liabilities and Responsibilities of Customer
- If the Customer has no right or has a restrictive right to use the areas abutting the
Customer Premises and public road, it is the duty and responsibility of the Customer to
obtain necessary permission in writing from concerned authorities like landlord, society,
etc. permitting HATHWAY to lay cables to Customer Premises through the areas
abutting the Customer Premise.
- The Customer is required to use the necessary equipment that includes Telecom
Engineering Centre (TEC), New Delhi approved Interface Equipment for accessing the
Service(s) . In case where it is necessary to pay charges to the appropriate authority for
connecting the equipment, the Customer shall complete the necessary formalities with
local offices of the aforesaid authorities.
- The Customer assumes total responsibility and risk for use of the Service(s) which 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. Neither
HATHWAY nor its Associate make any such or such other express or implied
warranties, with regard to any merchandise, information or service provided through the
Internet and they shall not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely the Customer'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.
- Neither HATHWAY nor the Associate warrants that the service will be uninterrupted 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.
- The Customer understands further that the Internet contains unedited materials, some of
which are sexually explicit or may be offensive to some people. Customer's access to
such materials will be at his own risk. HATHWAY or the Associate has no control over
the same and accepts no responsibility whatsoever for such materials.
- Under no circumstances shall HATHWAY , its Associates or its contractors be liable for
any direct, indirect, incidental, special, punitive or consequential damages that result in
any way from Customer's use of or inability to use the service or access the Internet or
any part thereof, or Customers' reliance on or use of information, service 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.
- In case the customer chooses to install and use any equipment or software or wireless
facility not provided by HATHWAY for rendering its services, the customer shall
ensure that he acquaints himself fully of all types of risks associated with such usage
and HATHWAY or its officials or agents shall in no way be responsible for any
unwarranted undesired usage of the services of HATHWAY by any third party and the
customer assumes complete responsibility of such unwarranted undesired usage.
Customer shall not solicit or rely on any advise from officials or representatives of
HATHWAY in respect of the security measures and precautions required to be
implemented for usage of such equipment or software or wireless facility and
10
understands that they are not qualified to render any advise in that regard.
- It would be responsibility of the Customer to ensure that the password, where provided,
is kept secret and not disclosed to anyone and to change the password immediately after
installation. The Customer shall not part with the password with anyone and
HATHWAY shall not be held liable for the misuse of the Customer's facility under any
circumstances.
- HATHWAY reserves the right to engage Associate to render Customer care service for
handling the complaints of Customer. Upon such engagement HATHWAY will intimate
the Customer about the same and thereafter the Customer shall deal with the said
Associate.
- Force Majeure
If at anytime, during the continuance of Services, the performance in whole or part, of any obligation under it shall be prevented or delayed 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 Customer shall not have any claim for damages against HATHWAY in respect of such non-performance or delay in performance of Service(s).
- Disputes
If any dispute arising out of these terms and conditions require intervention and/or adjudication by Courts then the Courts located within the limits of City of Mumbai will alone have jurisdiction and jurisdiction of other Courts are hereby excluded.
- Disclaimer
While every effort is made by HATHWAY to provide highest quality of services to the Customer, the Customer acknowledges that the linking, quality and speed of data transmission of the Customer with the network is entirely dependent on various external factors and agencies/appropriate authority over which HATHWAY has no control. Accordingly, HATHWAY shall in no event be responsible to the Customer with HATHWAY 's network computer or the deficiency in data transmission between the Customer and HATHWAY network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from.
- Limitation of Liability
Notwithstanding anything mentioned in this terms and conditions if HATHWAY is not able to provide the service as determined for any reason whatsoever, the liability of HWAY shall be limited to the amount paid by the customer to HATHWAY or Associate for installation of the said services..
- Intellectual Property Rights
- End User Licenses
Customer shall comply with the terms and conditions of all end user license agreements
accompanying any software or plug-ins to such software distributed or used in
11
connection with the Service including, without limitation, the HATHWAY Software
License Agreement, as these agreements may be amended from time to time. All end
user licenses will terminate upon the termination of this Agreement, and, at such time,
Customer/ Subscriber shall destroy all versions and copies of all software received by
him/her in connection with the Service.
- Authorization
Customer shall comply with the terms and conditions of all end user license agreements
accompanying any software or plug-ins to such software distributed or used in
connection with the Service including, without limitation, the HATHWAY Software
License Agreement, as these agreements may be amended from time to time. All end
user licenses will terminate upon the termination of this Agreement, and, at such time,
Customer/ Subscriber shall destroy all versions and copies of all software received by
him/her in connection with the Service.
HATHWAY does not claim any ownership of any material that Customer shall publish,
transmit or distribute using the Service. By using the Service to publish, transmit or
distribute material or content, Customer shall (i) warrant that the material or content
complies with the provisions of this Agreement, (ii) consent to and authorize
HATHWAY , its agents and affiliates to reproduce, publish, distribute, and display the
content worldwide and (iii) warrant that Customer have the right to provide this
authorization. Customer shall acknowledge that material posted or transmitted using the
Service may be copied, republished or distributed by third parties, and agree to
indemnify, defend and hold harmless HATHWAY , its agents and affiliates for any
harm resulting from these actions. Any sensitive or confidential information posted,
stored, transmitted or disseminated by Customer is done so at his/her sole risk, and
neither HATHWAY nor its Associates shall have any liability whatsoever for any
claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating
to such actions. Customer shall acknowledge that software programs claiming to be
capable of encryption are commercially available. HATHWAY makes no representation
or warranty regarding the effectiveness of these programs.
- Copyright in the Service
Title and intellectual property rights to the Service are owned by HATHWAY , its
agents, suppliers or affiliates or their licensors or otherwise by the owners of such
material and are protected by copyright laws and treaties. The copying, redistribution,
reselling or publication of any part of the Service without express prior written consent
from HATHWAY or other owner of such material is prohibited.
- Material Downloaded from the Service
In addition to any content that may be provided by HATHWAY , Customer may access
material through the Service that is not owned by HATHWAY . Any such material may
be downloaded from the Service only for personal, non-commercial use, and not
allowed to redistribute that material over any network (other than a residential home
network located in the Premises) or sell or offer for sale that material. Unless other
terms and conditions expressly apply to specific content, Customer may make: (a) one
machine readable copy, (b) one backup copy, and (c) one print copy of any material
downloaded from the Service; any other copying, or any redistribution or publication of
any downloaded material, including, without limitation, posting to any other online
12
service, must be with the express permission of the relevant copyright holder. In any
permitted copying, redistribution or publication of copyrighted material, any changes to
or deletion of any copyright notice are prohibited. Other terms and conditions may apply
to use of any content or material made available through the Service that is not owned
by HATHWAY . Customer shall read those terms and conditions to learn how they
apply to them and the use of any content other than that of HATHWAY .