1.1. Customer shall pay E2E Networks Private Limited all fees/charges including monthly/quarterly/annual, as the case may be data transfer fees and excess usage fees of the Dedicated Server/VPS plan purchased. Customer acknowledges that in consideration of the discounted pricing set forth in the Order, if any, Customer commits to be liable for and pay the monthly fees set forth in an order for the term indicated in such order. (Including excess usage fees)
1.2. Customer shall be liable in case it utilizes bandwidth/data transfer in excess of what he has agreed for and shall reimburse E2E Networks Private Limited for such excess usage per GB (as per the excess usage charges indicated in the proposal). Bandwidth/data transfer usage shall only be monitored through MRTG (a bandwidth monitoring software, info of which is available on www.mrtg.com) using Simple Network Management Protocol (SNMP) to measure data transferred. The reports obtained from MRTG will be final and binding on Customer. E2E Networks Private Limited at its own discretion reserves the right to change the Bandwidth/data transfer usage-monitoring software an intimation of which shall be given to the Customer. Moreover, E2E Networks Private Limited shall not be responsible for any excess/normal usage if the traffic generated is due to some malfunction of hardware, software or due to configurations done by the customer. The customer also agrees that it will be paying for the excess usages generated by any virus/Trojans, etc.</>
1.3. All payments shall be made by Direct Transfer(NEFT/RTGS), Cheque or Demand Draft drawn in favor of ‘E2E Networks Private Limited’ payable at New Delhi, No Outstation Cheques shall be accepted. Customer shall pay payments in advance for the service period. E2E Networks Private Limited shall raise invoice atleast 15 days before the start of the period and send the same to the customer. All invoices shall be due and payable within fifteen (15) days of E2E Networks Private Limited’s date of invoice. Customer shall be liable to pay interest at the rate of one and half percent (1.5%) per month on all overdue and unpaid invoices.
1.4. Customer shall pay, indemnify and hold E2E Networks Private Limited harmless from all sales, service, value-added or other taxes of any nature, other than taxes on E2E Networks Private Limited’s net income, including penalties and interest, and all government permit or license fees assessed upon or with respect to any fees (except to the extent Customer provides E2E Networks Private Limited with a valid tax exemption certificate). If any applicable statutory provision of law requires Customer to withhold amounts from any payments to E2E Networks Private Limited hereunder, then Customer shall affect such withholding, remit such amount to the appropriate taxing authorities and promptly furnish E2E Networks Private Limited with tax receipts evidencing the payments of such amounts.
1.5. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
2. Terms and Conditions
These terms shall govern the use of services by the customer, terms shall continue to govern the services until the services have been fully performed or terminated.
2.1.1. In the event of any expiration or earlier termination of services, Customer will be obligated to pay to E2E Networks Private Limited full contract period fees and charges unless such termination is the result of E2E Networks Private Limited’s default, the payment of any waived or discounted installation fees, as well as monthly fees for each remaining month of the term of the affected services. In addition, if Customer fails to pay any invoice(s) for fifteen (15) days or more from the date of such invoice, Customer E2E Networks Private Limited shall terminate access to Dedicated or VPS servers belonging to the customer and re-format them for use of another customer.
2.1.2. E2E Networks Private Limited can terminate the services to the Customer in its sole discretion, if it is established that the Customer has used the service fraudulently, unlawfully or abusively.
2.1.3. On termination of services, shall remove all of the Customer’s electronically stored data from E2E Networks Private Limited’s facilities without liability of any kind to the Customer.
2.1.4. All provisions that by their nature are intended to survive any termination of service terms shall survive.
2.1.5. For any deprovisioning, Customer has to follow the process as outlined here.
2.2.1. Monitoring Equipment: E2E Networks Private Limited shall install the monitoring equipment to monitor the bandwidth usage, service usage, etc. The server can be affected by activities, which are not controllable, by E2E Networks Private Limited even after the installation of the equipment. (At present E2E Networks Private Limited is using MRTG Software) E2E Networks Private Limited’s liability in the event of loss to the customer due to activities which are not controllable by E2E Networks Private Limited including without limitation, virus attack to the customer is NIL. E2E Networks Private Limited is not liable for any damages, if any loss occurs to the customer due to the activities, which are not controllable by E2E Networks Private Limited like virus attack, etc.
2.2.2. Data Transfer: Data Transfer is used for the following traffic but not limited to: HTTP requests and response, incoming and outgoing email, mailing list distribution, both outbound and inbound data transfer from your account.
2.2.3. Customers Duties: Customer shall document and promptly report all errors or malfunctions of the software to E2E Networks Private Limited. Customer shall maintain a current back up copy of all programs and data. Customer shall ensure that all legal compliances or formalities as per the Cyber laws and other applicable laws/regulatory framework are fulfilled. Customer shall be responsible for the security of its applications and at no point of time, E2E Networks Private Limited can be held responsible if the security is breached.
2.2.4. Request of Service: Server On/Off by E2E Networks Private Limited will not be done unless and until either it receives a duly authorized confirmation from listed technical contact from the Customer.
Further, E2E Networks Private Limited owes no responsibility for hardware/software crash or corruption of data due to Server On/Off at the request of Customer or such other reasons, which are uncontrollable from E2E Networks Private Limited’s end. E2E Networks Private Limited’s liabilities in such circumstances are nil, and Customer shall indemnify and hold E2E Networks Private Limited harmless against any such claim, action, suit or proceeding.
2.3.1 Customer shall not interfere with the networks and servers of any other Customers of E2E Networks Private Limited or such other Customers’ use of E2E Networks Private Limited’s facilities.
2.3.2 Assumption of Risk: Customer hereby assumes any and all risks associated with Customer’s, its agents’ (including contractors and sub-contractors) or employees’ use of the Space and shall indemnify, defend, and hold harmless E2E Networks Private Limited from any and all claims, liabilities, judgments, causes of action, damages, costs and expenses (including reasonable attorneys and experts fees), caused by or arising in connection with such use.
2.4 Online Conduct:
2.4.1 Customer content: Customer must acknowledge that E2E Networks Private Limited exercises no control whatsoever over the content of the information passing through Customer’s site(s), and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulation and these rules and regulations.
2.4.2 Prohibited activities: Customer will not permit any person (Users) using Customer’s online facilities and/or services, including but not limited to, Customer’s web site(s) and transmission capabilities to do any of the following (Prohibited activities):
o Send unsolicited commercial messages of communications in any form (SPAM)
o Engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as trade secret information in violation of a duty of confidentiality.
o Engage in any activity/ies or actions that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
o Send, post, or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto.
o Intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses.
o Use the E2E Networks Private Limited connectivity services for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other service provider’s websites, chat rooms or the like.
o Assist or permit any person in arranging any of the activities described above. If Customer becomes aware of any prohibited activities, Customer will use all efforts to remedy such prohibited activities immediately, including, if necessary, limiting or terminating user’s access to Customer’s online facilities.
2.5 Third party complaint process
2.5.1 In the event E2E Networks Private Limited receive(s) complaints from third parties regarding prohibited activities allegedly being conducted by a Customer or its Users, due to the nature of the business in E2E Networks Private Limited’s experience, most legitimate complaints and actual prohibited activity is conducted by Customers and users of E2E Networks Private Limited’s Customers, not by E2E Networks Private Limited’s Customer themselves. E2E Networks Private Limited requires its Customer to use policies similar to these rules and regulations. E2E Networks Private Limited may take the following actions to document and resolve each complaint received by E2E Networks Private Limited related to Customer or its Users.
2.5.2 First Complaint: Upon receipt of the initial complaint from a third party regarding prohibited activity by a Customer or its users, E2E Networks Private Limited will send notice of the complaint to Customer and request the Customer to stop the prohibited activity.
2.5.3 Second Complaint: Upon receipt of a second complaint after the date of first complaint relating to prohibited activity of Customer described in the first complaint that clearly indicates that the prohibited activity continued after the date of first complaint, E2E Networks Private Limited will send a letter/Email to Customer and request that Customer respond in writing to E2E Networks Private Limited with an explanation and timeline of the actions to be taken by Customer to remedy prohibited activity. In the event that Customer does not respond to the E2E Networks Private Limited letter/email and remedy the Prohibited activity within five (5) business days, E2E Networks Private Limited will bill Customer in the following month a minimum sum of five thousand five hundred rupees only (Rs. 5,500/-) per instance of prohibited activity to cover E2E Networks Private Limited’s administrative cost associated with the Prohibited Activities of Customer.
2.5.4 Third Complaint: Upon receipt of a third complaint after the date of second complaint related to the prohibited activity of Customer described in the second complaint that clearly indicates that the prohibited activity continued after the date of the first complaint, E2E Networks Private Limited will send a final letter/email with a copy of the third complaint to the Customer and request again that the prohibited activity cease immediately. In the event that the prohibited activity does not cease within five (5) business days, E2E Networks Private Limited will terminate or suspend its connectivity service to its Customer, and will resume providing services only when it is informed in writing that the prohibited activity has been stopped by him or his user. E2E Networks Private Limited also reserves the right to bill its Customer fifty thousand rupees only (Rs. 50,000/-) per instance of prohibited activity towards E2E Networks Private Limited’s administrative costs associated with the prohibited activity.
2.5.5 Notwithstanding the above, Further, E2E Networks Private Limited, seeing the gravity of the prohibited activity, may discontinue its service even after the first complaint at its sole discretion and E2E Networks Private Limited can also vary the minimum charges as specified in the preceding clauses at any time by displaying the same on its web site and the Customer accepts the same and shall be binding on him.
2.5.6 Abuse of Service: Any use of E2E Networks Private Limited system resource that disrupts the normal use of the system for other E2E Networks Private Limited’s Customers shall be considered to be abuse of system resources and is grounds for administrative intervention. Spamming is one example of system abuse.
2.5.7 Depending on the nature of and the severity of the abuse, the user/Customer may receive an e-mail warning or have their account suspended by E2E Networks Private Limited Technical Support. If the misuse is unintentional, the suspension may be rescinded at the discretion of the Operations Manager of E2E Networks Private Limited, and may require the payment of a service re-activation charge, which shall be at least Rupees Ten Thousand (Rs.10,000) per server. Occasionally, unintentional misuse is mis-classified as intentional misuse. Customers who believe their activity has been mis-classified may appeal to the Operations Manager of E2E Networks Private Limited.
2.5.8 Violations of any of the E2E Networks Private Limited conditions of use are unethical and may be criminal offences. Customer shall to report to E2E Networks Private Limited any information that it may have concerning instances in which the conditions of use have been or are being violated. When E2E Networks Private Limited becomes aware of possible violations, it will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, E2E Networks Private Limited may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reactivation charge.
2.5.9 Software License
Software provided with the services is provided by third parties. All such third party provided software is licensed to Customer subject to terms and conditions of an End-User License Agreement (EULA) provided as either a document accompanying such software or as a pop-up screen during initial use of such software. Customer hereby accepts and agrees to abide by the terms and conditions of EULA associated with any third party software provided to Customer with any of the Services. Customers shall not be allowed to use any pirated software.
2.5.10 E2E Networks Private Limited shall not be responsible for any third party software neither shall it be responsible for damage caused by such software. Further E2E Networks Private Limited for a charge at the request of the customer may configure the third party software with the Customer’s equipment, the configuration of the software shall be done as per the instructions of the third party, E2E Networks Private Limited shall not be liable for any damages arising due to configuration of the third party software with the customer’s equipment.
2.6 Maintenance and Support
2.6.1. Scheduled Maintenance: E2E Networks Private Limited will conduct routine scheduled maintenance of its Internet Data Center Services according to the maintenance schedule posted on E2E Networks Private Limited’s World Wide Web sites. In the event that a mission critical maintenance situation arises, E2E Networks Private Limited may have to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customers equipment may be unable to transmit and receive data and Customer may be unable to access Customer equipment. Customer agrees to co-operate with E2E Networks Private Limited during the scheduled and emergency maintenance periods.
2.6.2. Support: E2E Networks Private Limited gives the Customer round the clock support, monitoring, fault reporting and maintenance of the networks and systems at E2E Networks Private Limited. E2E Networks Private Limited provides warranty support to the equipment supplied by E2E Networks Private Limited as per the terms and conditions of the manufacturers. E2E Networks Private Limited will not perform maintenance of any hardware problem of the equipments, which are not sold by E2E Networks Private Limited.
Use of system resources that disrupts the normal use of the system for other E2E Networks Private Limited Customers is considered to be abuse of system resource and is ground for administrative intervention including but not limited to immediate termination of services without any refunds.
3. Limitation of liability
In no event shall E2E Networks Private Limited be liable for special, incidental, consequential damages of any nature, for any reason, including without limitation the breach of these Terms and Conditions, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise, even if E2E Networks Private Limited has been warned of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. E2E Networks Private Limited’s ENTIRE LIABILITY TO CUSTOMER CONCERNING PERFORMANCE OR NON PERFORMANCE BY E2E Networks Private Limited OR IN ANY WAY RELATED TO SERVICES OFFERED SHALL NOT EXCEED THE AMOUNT RECEIVED BY E2E Networks Private Limited FROM CUSTOMER DURING THE PREVIOUS ONE(1) MONTH ONLY.