SifyOnline

Terms And Conditions For Sify Internet Access Services

1. "SifyOnline" Internet Access Services are provided by Sify Limited having its Registered office at 35, Velachery Road, Little Mount, Chennai - 600015 and Corporate office at Tidel Park 2nd floor, No.4, Canal Bank Road, Taramani, Chennai - 600113.

2.SifyOnline and Sify are the registered trademarks of SATYAM Group of Companies.

3. Customer means any person who avails the Service (s) offered by Sify.

4. "Service" in general includes Internet Access, E-mail, World Wide Web, designing, hosting, International Roaming and other Information services that Sify offers, markets, maintains and supports as of date and all fixes, updates and upgrades that Sify may offer to the Customer. However Service in relation to the Customer shall mean and cover only those services, which the customer has specifically availed.

5. The Terms and Conditions herein and any Operational Rules, Acceptable Usage Policy, Usage Guidelines published by Sify from time to time shall constitute the agreement between Sify and Customer with respect to the Service. Sify reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the Service or the pricing structure at any time without prior intimation to the Customer.

6. The Service is being provided subject to all the applicable Indian laws, rules and regulations.

7. Sify shall provide Service to the customer, in accordance with the terms and conditions currently in force, till the expiry of the specified access hours or the specified period from the date of registration, whichever is earlier.

8. The Service charge is payable in advance and is non-refundable. All 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 charges.

9. Sify will put in its best efforts and strive to maintain the maximum possible uptime of the service. However Sify will not be responsible for events beyond its control.

10. The Customer also acknowledge and accept that in the very nature of the services to be provided there can be number of factors affecting the provision of the service by Sify and the obligation of Sify to provide the services shall be on best endeavor basis.

11. Sify 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 disruption, interruption, suspension or malfunction of the Service, for whatsoever reason except when there is a deliberate failure or breach on the part of Sify.

12. All third party software that may be provided with the SifyOnline CD-ROM is included for use at the Customer's option. Sify shall not be responsible for any losses or damages which may occur resulting from the use of any third party software. Any Support that is needed has to be availed from the respective companies.

13. Sify 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 purposes only and will not be used for any immoral or unlawful or socially unacceptable purposes.

14. 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 Sify does not undertake any responsibility with regard to procuring/ installing/ maintaining the hardware and/or software at the customer's end.

15. Customer hereby undertakes to indemnify and hold harmless Sify against liability, which may arise for any and all, acts on the part of the Customer in availing the Service.

16. The customer shall take full and sole responsibility for preserving the secrecy of the password. The Customer acknowledges and accepts that considering the nature of the Service there will be a need to change the password from time to time to avoid misuse and to maintain secrecy. Sify shall not be responsible for any wrongful or unauthorised use, under any circumstances.

17. The Service to be provided shall be exclusively to the Customer. The customer shall not transfer, reassign, sell, and/ or offer or promote the Service to others or otherwise share the services with others including the affiliates of the Customer. Customer shall not do anything that is detrimental to Sify's interests.

18. Sify 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. Sify 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 for such termination. In the event of termination by Sify without assigning any reason, the Customer shall be entitled to the return of the proportionate part of the charges paid for the unutilised period of service. Sify shall not be liable to refund any amount if the termination is by the Customer or for breach or failure on the part of the Customer.

19. The customer acknowledges that the Service is provided "as is". Sify, its employees, directors, 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. Sify expressly excludes any implied warranty of merchantability or fitness.

20. 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.

21. The Customers, Cyber Cafes and others should bring this to the immediate notice of all the users of Internet. They should also place appropriate display in the places where Internet Services are allowed to be availed about the restriction on Telephone on Internet.

22. A port utilization charge equivalent to Rs.2 will be applicable. Also there would be a pulse rate system wherein the usage will be accounted in slabs of 5 minutes.

23. There would also be differential tariffs depending on the city of login. The tariff structure for the same will be available on the myaccount page (http://myaccount.sify.com) as well as on the customercare site (http://customercare.sify.net)

24. Any violation on part of the Customer would also amount to the breach of the arrangement with the company and the company will be entitled to terminate the Services if any violation is reported to the company by the authorities. The Customer hereby indemnifies Sify against any claims, loss, damage or consequences arising from non-compliance of the customer to any applicable laws, rules, regulations etc.

25. Sify would broadcast audio/video/ messages/commercials for the interest of the general public.

26. Sify and the customer hereby agree that this Terms and conditions together with the operational rules, Acceptable Usage Policy and usage guidelines and other terms notified by Sify from time to time shall constitute the complete agreement between them.

27. Sify's entire liability and the Customer's exclusive remedy for any failure or breach on the part of Sify shall be the return of the charges paid by the Customer relating the unexpired period of the use. Sify disclaims all warranties and conditions express or implied including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the services offered and in no event Sify 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.

28. For the Internet connection offered under the brand name UnLtd...TM, the customer agrees that :

The subscriber will specify his telephone number from where he will access the SifyOnline service. The subscriber will be allowed access to the SifyOnline service only if he logs in from the number specified during online registration. The telephone number so specified cannot be changed.

The UnLtd...TM range of packs are meant for domestic/individual consumption and will not be transferred, rented, or sold in whole or part thereof for a consideration or otherwise at any point of time. The UnLtd...TM range of packs can be used for a maximum of 6 hours a day cumulatively. User will not have access to the service if the usage exceeds 6 hrs in a day. In such a case, the company reserves the right to withdraw the service to such users and the user will also forfeit balance usage left in his account. with no compensation paid. In case the UnLtd... pack is used for professional/commercial purposes or by any office or commercial establishment or for that matter by any self employed professional/s or business/es operating out of small offices or home offices or a cybercafe or any location having a LAN or resale of the Internet service is done in part or in whole, the service will be withdrawn without notice and no compensation paid. It is construed that the customer has understood all the product specifications and its features while enrolling for the service.

If usage exceeds more than 6 hours in a day, there would be a deduction of 1 day for every usage more than 6 hours in a day

29. The customer hereby declares that he has read these terms and conditions and that he unconditionally agrees to abide by the same. Further, the terms herein mentioned supercedes all other terms and conditions whether in a written form or printed and will be binding on the Customer. A copy of the latest terms and conditions can also be made available on request by the Customer.