Terms of Service & Disclaimer

(Last Updated on January 1, 2007)

Acceptance of Terms
These and the other websites provided by OctaNet, are subject to the following Terms of Service, which may be updated periodically. OctaNet reserves the right to alter these terms without advance notice. You can determine if the terms have been revised by referring to the "Last Updated" date.
These Terms of Services apply to the all OctaNet services. In addition, when using particular services provided by OctaNet Global Solutions, you shall be subject to additional rules or guidelines that have been mentioned below.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY OF OCTANET’s WEBSITES. YOUR USE OF ANY OF THE WEBSITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

Description of the Service
OctaNet offers products and services on the Site. When you enroll to obtain a product or service from OctaNet on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, OctaNet does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free. Unless stated otherwise, any new features or services, including the release of new OctaNet properties, shall be subject to the then existing terms.

Rules of Conduct
While using any of the Websites you will comply with all applicable laws, rules, and regulations. In addition you will not:

A. Use the Websites for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offence; or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking.

B. Post, transmit, or otherwise make available any material that would violate another person’s privacy or other rights, including any message containing personal phone numbers or addresses (including your own).

C. Post, transmit, or otherwise make available any material, non-public information about a company without the proper authorization to do so.

D. Impersonate any person or entity, including, but not limited to, any OctaNet representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.

E. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.

F. Interfere with or disrupt the Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies, or regulations of such networks.

G. Restrict or inhibit any other user from using the Websites, including by means of hacking or defacing any portion of the Websites.

H. Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.

I. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or Websites.

J. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Websites.

K. Remove any copyright, trademark, or other proprietary rights notice contained on the Websites.

L. Frame or mirror any part of the Websites without OctaNet’s prior written authorization.

M. Create a database by systematically downloading and storing all or any of the content of the Websites.


Payment
You will pay all charges incurred for purchases made in connection with your name or at the price(s) in effect when such charges are incurred. You will also pay all applicable taxes resulting from your purchases. All payments may be made by the options made available by the website.

Indemnity
You agree to defend, indemnify, and hold harmless OctaNet, its parents, subsidiaries, and affiliated companies, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of the Websites; (ii) any violation of the terms by you; or (iii) any allegation that anything you post, transmit, or make available on the Websites infringes or otherwise violates the copyright, trademark, trade secret, or other rights of any third party.

Links
The Websites may provide links to other World Wide Web sites or resources. Because OctaNet has no control over such sites and resources, you acknowledge and agree that OctaNet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other websites may provide links to OctaNet’s Websites with or without OctaNet’s authorization. OctaNet has no control over sites that provide links to the Websites, and you acknowledge and agree that OctaNet does not endorse such sites and is not responsible for any links from those sites to the Websites or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that OctaNet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that OctaNet provides links to or that provide links to OctaNet Websites, or (ii) any content, goods, or services available on or through any such sites or resources. OctaNet shall have the right, at any time and in its sole discretion, to block links to the Websites through technological or other means, without prior notice.

Dealings with Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Websites, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that OctaNet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Websites. The foregoing expressly includes, without limitation, travel or tours arranged through our Websites.

Copyright Issues
All content on the Websites is protected under Indian copyright laws. You may download one copy of the content of the Websites to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from the Websites. The names, logos and products mentioned or displayed on the Website may be theregistered trademarks of the respective companies.

Domain Name Dispute Policy
If you request, reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by OctaNet’s current Disclaimer published on our site ("Disclaimer") and ICANN Domain Name Dispute Policy ("Dispute Policy"). The Dispute Policy can be found at http://www.icann.org/udrp/. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold OctaNet and its Allies harmless pursuant to the terms and conditions contained in the Dispute Policy.

OctaNet’s Proprietary Rights
A. Subject to the OctaNet’s Privacy Policy, by inputting data, posting stories, ideas, drawings, opinions, messages, eyewitness accounts, or any other materials, or engaging in any other form of communication (each, a "Submission") through the Websites, you are granting OctaNet and its affiliates a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, transferable, worldwide license to (i) use, copy, sublicense, adapt, transmit, distribute, publicly perform or display any such Submission in any medium now known or hereafter developed, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Submission. The foregoing grants shall include the right to exploit any proprietary rights in such Submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. You release OctaNet from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify OctaNet in connection therewith. You agree and acknowledge that participation in the Services shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and OctaNet, other than the relationship between OctaNet and you entered into by virtue of your agreement to these terms.

B. You acknowledge and agree that the content presented to you on or through the Websites is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by OctaNet or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content made available on or through the Websites, in whole or in part.

C. Trademarks and service marks of OctaNet include.

Modifications to Services
OctaNet reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that OctaNet shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any content, feature, or product offered on the Websites. Your continued use of any Website after such changes will indicate your acceptance of the changes.

Termination
You agree that OctaNet, in its sole discretion, may terminate your use of the Websites and/or Services, for any reason, including, without limitation, if OctaNet believes that you have violated or acted inconsistently with the letter or spirit of the terms. You agree that any termination of your access to the Websites and/or the Services under any provision of these terms may be effected without prior notice, and acknowledge and agree that OctaNet may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. Further, you agree that OctaNet shall not be liable to you or any third party for any termination of your access to the Services.

Jurisdictional Issues
OctaNet neither represents nor warrants that the Websites or Services are appropriate or available for use in any particular jurisdiction. Accessing the Websites or Services from any location other than India is at your own risk, and you accept full responsibility for compliance with all local laws. We may limit the Websites’ availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.

Notice
Notices to you may be made via either email, regular mail or posted on our website. The Services may also provide notices of changes to the terms or other matters, by displaying such notices or by providing links to such notices.

Miscellaneous
If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and OctaNet with respect to your use of the Websites or any Services and supersedes all prior or contemporaneous communications and proposals between you and OctaNet.

Information or Complaints
If you would like any further information or if you have a complaint regarding the Websites or Services, please send an e-mail through the feedback form on the website. You can also reach us by email at legal(at)octanet.com. Prices for goods or services available on the Websites are provided at the point of purchase.

OctaNet’s Privacy Policy
The terms incorporate the terms of OctaNet’s Privacy Policy.
OctaNet has the following Privacy Policy regarding information gathered on the site. The terms "we" and "us" refer to OctaNet.

The Information We Collect
This notice applies to all information collected on the OctaNet Web sites or submitted to OctaNet at any time.

Personally Identifiable Information-When visiting OctaNet websites and signing up for using OctaNet services through any page, you may choose to supply OctaNet with information that identifies you personally. For End-Users, this information may include your name and contact information, gender, birth date, occupation and industry, shipping and billing information, credit card numbers and other payment information, behavior patterns, purchase history, and other information. We collect prospect information, which may include name and contact information of individual(s) you think would be interested in our services.
Aggregate Information-We collect non-identifying and aggregate information to better design our Web site and services, and share the aggregate data with advertisers and other third parties.

The Way We Use Information
We use the information you provide about yourself or others to complete the transaction for which the information is intended. Such transactions may include administering a service, such as advertising sales, e-commerce; completing an order; shipping a product; replying to support requests; or contacting you if you have granted us permission to do so. We do not share this information with outside parties without your permission except to the extent that is necessary to administer the services we offer our End-Users.

From time to time, we also use the information you provide about yourself or others to inform you of additions or improvements to OctaNet services.

Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, OctaNet has put in place appropriate physical, electronic, and managerial procedures reasonably designed to safeguard and secure the information we collect online.

LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

WE AT OCTANET GIVE NO GUARANTEE ABOUT THE ACCURACY OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED. ALL THAT IS PROVIDED "AS IS" AND TOTALLY ON USERS RISK. WE GIVE YOU NO WARRANTY OF ANY KIND. www.octanet.com AND THE RELATED SITES HEREBY DISCLAIM ALL THE WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION AND SERVICES PROVIDED.

OCTANET SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES ARISING DUE TO ANY USE OR PERFORMANCE OF WWW.OCTANET.COM AND THE RELATED SITES EVEN IF WWW.OCTANET.COM AND THE RELATED SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE NOT HAPPY WITH ANY PORTION OF THE SITE OR WITH THE TERMS OF USE, YOUR ONLY OPTION IS TO STOP USING THE SITES.

THE RELATION BETWEEN YOU AND THE SITES SHALL BE REGULATED BY THE LAWS OF THE REPUBLIC OF INDIA WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PROVISIONS. YOU AND THE SITE AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN S.A.S. NAGAR, INDIA.

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