|Bol Anmol Internet Telephony Services|
Mahanagar Telephone Nigam Limited (hereinafter referred to as MTNL) and/or MTNL’s authorized service provider of PC to Phone services (hereinafter referred to as Contractor) and you (hereinafter referred to as the “Customer”), mutually agree to the following terms and conditions and enter into an agreement (“User License Agreement”) for the
PC to Phone services or the Internet Telephony services:
1. The Customer: The Customer must be a valid user of MTNL PC to Phone services, having a valid subsisting account or a subscriber to MTNL telephone/ Internet services.
MTNL and/or Contractor, reserves the right to extend, withdraw, cancel, discontinue, change, alter or modify this service or any part thereof (including and not limited to tariff, rates and other charges as applicable for the service) at its sole discretion, as may be required by business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the Customer.
3. Charges: The Customer agrees to pay for all charges/tariff as applicable from time to time in respect of the MTNL PC to Phone service.
5. Account and access:
5.1 User Id and PIN - The Customer is responsible for maintaining the confidentiality of the Customer’s user id and PIN. The Customer shall be responsible for all uses of its account, whether or not authorized by the Customer. The Customer agrees to immediately notify MTNL of any unauthorized use of its account.
5.2 The Customer is entirely responsible and liable for all activities conducted through its account. Listed below are some, though not all, violations, which may result in termination the customer’s account. The Customer hereby agrees not to do any of the following actions while using MTNL PC to Phone or Internet Telephony service:
(1) harass, threaten, embarrass or cause distress or discomfort upon called party, participant, user or other individual or entity;
(2) transmit via MTNL PC to Phone or Internet Telephony service any speech, information, data, text, files, links, software, chat, communication or other materials ("Content") that MTNL considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
(3) impersonate in MTNL PC to Phone or Internet Telephony service any person, including but not limited to, a MTNL official, customer service representative, guide or host;
(4) disrupt the normal flow of dialogue in the MTNL PC to Phone service or otherwise act in a manner that negatively affects other customers or participants;
(5) speak, transmit or post any unsolicited advertising, promotional materials, or any other forms of solicitation at MTNL website or via MTNL PC to Phone or Internet Telephony services; and
(6) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing MTNL PC to Phone or Internet Telephony service or in connection with the use of MTNL PC to Phone service in any manner.
5.3 MTNL reserves the right to terminate any Customer's account if MTNL learns that such Customer has provided MTNL with false or misleading information; or it becomes aware and determine, in its sole discretion, that such Customer is violating any of the foregoing guidelines.
5.4 MTNL and/or MTNL authorized service provider of PC to Phone or Internet Telephony services, the Contractor, shall not be responsible for any loss, misuse of the password of the Customer’s account for MTNL PC to Phone services, in any manner whatsoever.
6. Permission - The Customer hereby grants unqualified and unconditional permission to MTNL and/or MTNL authorized service provider of PC to Phone or Internet Telephony services, the Contractor, to access, redirect and/or otherwise obtain or transmit through any means speech in the form of data (information and any other material that may be proprietary to the Customer) forming part of other telecommunication services including international subscriber dialling, internet enabled services such as voice messaging, etc, that the Customer subscribes to and wishes to receive and/or transmit via MTNL PC to Phone or Internet Telephony services. By submitting Login Ids, Content to any messenger service and or services, you automatically grant -- or warrant that the owner of the user ID and Content has expressly granted - MTNL and/or MTNL authorized service provider of PC to Phone or Internet Telephony services, the Contractor, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, perform and transmit such Content to another recipient/ user through PC, Internet or PSTN.
7. License - This User License Agreement grants the Customer a personal, non-exclusive, non-transferable, non-sublincensable right to use one copy of the software, technology, programs, documentation and updates (collectively “Software”) which are provided or made accessible via the Internet to the Customer by MTNL and/or MTNL authorized service provider of PC to Phone or Internet Telephony services, the Contractor (collectively “Licensors”) for the Customer’s own personal use on a single computer and/or workstation. The Licensors reserve all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights.
8. License Restrictions - The Customer may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, the Customer may not copy the Software to any server or location for reproduction or distribution. The Customer may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates that may be provided or made available through the MTNL website.
9. Representation: The Licensors shall make reasonable efforts to enable the Customer to avail the MTNL PC to Phone or Internet Telephony service. Due to any technical or non-technical reasons, the service availability/ reliability may be affected. MTNL and/ or the Contractor is entitled, without any liability to refuse, limit, suspend, vary and/or interrupt service at any time at its discretion without any notice, for any reason whatsoever. MTNL will not be liable to refund and/or pay damages, etc. in case of disruption of services for any reason whatsoever. This User License Agreement is subject to force Majeure circumstances.
10. Disclaimer of Warranties - The Licensors expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of regarding the MTNL PC to Phone service. The Licensors do not make any warranty to meet the Customer's requirements, or that the MTNL PC to Phone service will be uninterrupted, timely, secure, or error free; nor do the Licensors make any warranty as to the results that may be obtained from the use of the PC to Phone or Internet Telephony services or as to the accuracy or reliability of any voice transmitted or information obtained through PC to Phone services. The Customer understands and agrees that any voice, speech, material and/or data transmitted, received, downloaded or otherwise obtained through the use of PC to Phone or Internet Telephony service is at the Customer's own discretion and risk and that the Customer will be solely responsible for any damage to the Customer's PC, modem or any other electronic instrument or loss of speech/ data that results from the transmission or download of such speech and/or data and any damage suffered as a result of the use of such voice and/or data transmitted or downloaded from the PC to Phone service. No advice or information, whether oral or written, obtained by the Customer with regard to MTNL PC to Phone or Internet Telephony service shall create any warranty not expressly made herein.
Licensors do not warrant that the Software or PC to Phone services will be free from any virus or other code that is contaminating or destructive by nature and the Customer is responsible for implementing and maintaining sufficient procedures to satisfy the Customers particular requirements for accuracy of data input and output as well as protections from such viruses or other code that may contaminate or destroy the Customer’s system or data.
11. Limitation of Liability - The Licensors and their parent, affiliates and associates including, shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use MTNL PC to Phone or Internet Telephony service or voice received/ transmitted or transactions entered into using MTNL PC to Phone service or resulting from unauthorized access to or alteration of the Customer's transmissions/ download or any other data, including but not limited to, damages for loss of profits, use, data or other intangible, even if the Licensors and their parent, affiliates and/or associates, have been advised of the possibility of such damages.
The content for the PC to Phone services and/or Internet Telephony services are being provided through various parties. The Licensors, shall neither be responsible nor liable for any defect/ deficiency of goods or services provided by the content providers and shall not be liable for any loss/ damage/ claim arising there from.
12. Intellectual Property - The Customer agrees not to upload or transmit any Content including any form of speech, to or via the MTNL PC to Phone or Internet Telephony service that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Unless otherwise expressly stated, all service marks, logos, trade names, trade dress, and trademarks of Licensors (collectively “Marks”) are the exclusive property of Licensors and nothing in this User License Agreement shall grant the Customer the license to use such Marks. All intellectual property rights in the Software and PC to Phone or Internet Telephony services, including without limitation all computer code, audio, graphics, multimedia, images, sounds and texts incorporated into the Software or PC to Phone or Internet Telephony services, are owned exclusively by MTNL and/ or the Contractor, its parent, affiliates and associates and are protected under applicable Indian laws. Any infringement shall be vigorously prosecuted and pursued to the fullest extent permitted by law.
14. Termination - Licensors reserve their right to terminate this User License Agreement and the Customers use of the Software and MTNL PC to Phone services at any time and for any reason or no reason at all. The Customer may terminate this User License Agreement at any time simply by ceasing to use the Software and MTNL PC to Phone services. The provisions contained herein shall survive termination of this User License Agreement.
15. Applicable law - Any and all disputes arising out of or in relation to the MTNL PC to Phone service, and/ or the use of Internet Telephony services or in relation to the terms and conditions of use stated in this User License Agreement or any other customer agreement form are governed by the laws of India and are amenable to the exclusive jurisdiction of the courts of law at Delhi/ New Delhi.
This User License Agreement is the entire agreement between the Customer and the Licensors relating to the Customer’s use of the Software or MTNL PC to Phone services and supersedes any other communication or advertising with respect to the Software or MTNL PC to Phone services. If any provision of this User License Agreement is held invalid, the remainder of this User License Agreement will continue in full force and effect. Licensor’s failure to insist upon or enforce strict performance of any provision of this User License Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this User License Agreement. Licensors may assign their rights and duties under this User License Agreement to any party at any time without notice to the Customer.
YOU / CUSTOMER ACKNOWLEDGE THAT YOU HAVE READ THIS USER LICENSE AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THE SOFTWARE AND MTNL PC TO PHONE SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.