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Acceptance
By signing the CAF, you (“Customer”, “Subscriber” or “User”) hereby agree to affirmatively accept and bound by the terms and conditions in this Agreement.
 
Entire Agreement
This Customer Applications Form (”CAF”) shall be read in conformity with and in addition to the General Terms of Service. These Terms may be viewed at www.metamax.in. Additional Terms and Conditions are mentioned herein and shall be construed to be part of the Customer Agreement.
 
Duration
The CAF shall remain in force until expiry or termination in accordance with the provisions of the Agreement, provided that the Customer shall continue to remain liable for any charges, if any payable to the Company for the Services.
 
Tariff Changes
Please note that we may change our prices, fees, the Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior Notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the "Effective Date") of the change,
 
Bandwidth
The Company shall provide the Service to the Customer by granting access to the Network at the bandwidth mentioned in the CAF. Any request for upgrade or service equipment by the customer shall be provided only upon the customer request and after paying applicable additional charges. Any request for downgrade of service by customer shall be carried out only after the expiry of the Service Contract Period.
 
IP Addresses
MetaMAX will provide you with dynamic Internet protocol ("IP") address(es). These IP address(es) are the property of the MetaMAX and can and do change over time. You agree to use these IP address only in connection with MetaMAX services. You will not alter, modify, or tamper with dynamic IP address(es) assigned to you or any other customer. You agree not to use a dynamic domain name server or DNS to associate a host name with the dynamic IP address(es) for any commercial purpose. You also agree not to use any software that provides for static IP address(es) on or in conjunction with any computer(s) or network device connected to MetaMAX Internet Service. MetaMAX will release and/or recover the dynamic IP address(es) when the Service or this Agreement is disconnected, discontinued, or terminated.
 
Responsibility of Content
You acknowledge that there is some content and material on the Internet or otherwise available through MetaMAX which may be offensive to some individuals, may be unsuitable for children, may violate central, state or local laws, rules or regulations or may violate your protected rights or those of others. MetaMAX exercises no control over and accepts no responsibility for the content of the information passing through the Network, CPE, Service Equipment, or a Service. Anyone who accesses such content and material does so at his or her own risk. NEITHER METAMAX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS.
 
Monitoring of Postings and Transmissions
MetaMAX shall have no obligation to monitor postings or transmissions made in connection with the Service. However, you acknowledge and agree that MetaMAX and its agents have the right to monitor, from time to time, any such postings and transmissions, including without limitation e-mail, newsgroups, chat, IP audio and video, and Web space content. MetaMAX may also use and disclose them in accordance with the MetaMAX Acceptable Use Policy and other applicable policies, and as otherwise required by law or government request. We reserve the right to refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of this Agreement.
 
Notices under Acceptable Use Policy
Customer agrees to abide by the Acceptable Use Policy (as may be changed by the Company from time to time), which may be viewed at www.metamax.in. Customer shall promptly and thoroughly respond to any notices forwarded to Customer by the Company, including, but not limited to notices that Customer content violates the Applicable Law.
 
Domain Names
Customer shall identify the Company for any domain name registered or administered on Customer's behalf that violates the service mark, trademark or other intellectual property rights of any third party. Customer shall comply with the Applicable Law, including but not limited to rules and procedures of the applicable domain name registers, registers or other Authorities. Customer irrevocably waives any claims against the Company that may ensue from the acts or omissions of domain name registers, registers or other Authorities.
 
Security
The customer agrees there are several methods (hacking, phishing, virus attacks etc.) to breach the security of your system with malicious intent. The Company shall not be liable in any manner for the consequences to customer of any unauthorized breach of customers' system security. Additionally, Customer, confirms that it shall conduct tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by customer does not contain a computer virus and will not in any manner corrupt the data system of any person.
 
Eavesdropping
Our facilities are used by numerous persons or entities including, without limitation, other subscribers of MetaMAX. As a result, there is a risk that you could be subject to "eavesdropping." This means that other persons or entities may be able to access and/or monitor your use of Network. This risk of eavesdropping exists not only with our facilities, but also on the Internet and other services to which access is provided as a part of MetaMAX. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk.

NEITHER METAMAX NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU.
 
Remedies
The company shall be entitled to in addition to any other remedies under law, suspend the service or terminate this agreement in accordance with the provisions contained therein upon written notice for any violation of the aforesaid terms and conditions by the Customer.
 
Customer Premise Equipment & Service Equipment
MetaMAX shall provide to the customer equipment at the customer site to access the network. Customer shall use this equipment solely to access the Network. Customer shall provide uninterrupted power to the CPE and ensure that the indoor equipment is location in sound environmental conditions. The Equipment for functions such as routing, firewall, security, etc., is to be supplied by Customer.

The Company will charge the customer fees to repair the equipment. For manufacturing defects, there will be no charges to Customer. However, for repairs due to damage attributable to Customer, he Company will assess charges and invoice to Customer accordingly.

Customer acknowledges that he or she is responsible for the security of CPE installed at the customer site. The loss of and/or failure to return all or any part of the Service Equipment by the Customer shall make the Customer liable to pay the following charges for each equipment respectively: a) WiMAX Modem - Rupees ten thousand only (Rs. 10,000/-)
 
Payment terms
The Company shall raise notices in advance and the Charges billed to Customer shall be payable every quarter. The payment drawn shall be in favour of “ Railtel Corporation of India Ltd.”
 
Exit policy
If Customer chooses to:
(a) Exit after signing the CAF but prior to Service Activation Date then Customer shall pay the Company one (1) month plan service charge, uninstallation / restocking charges as per the plan (up to maximum of Rs. 1000) and Rs.200 towards refund cheque processing.

(b) Exit After Service Activation Date but prior to expiry of the Service Contract Period, Customer shall pay Company in addition to any other outstanding invoices, the plan charge for the current month, uninstallation / restocking charges as per the plan (up to maximum of Rs. 1000) and Rs.200 towards refund cheque processing. Furthermore, if the cancellation request comes after completing 2/3rds of the contract period, then there will not be any refund. Refund cheques will be mailed within 60 days from the date of cancellation.
 
Service TAX
Charges shall be exclusive of Service Tax, which shall be levied, as applicable. Service Tax will not be applicable on the security deposit.
 
Customer Declaration
I have read the above terms & conditions and they are applicable to me.
Name:_________________    Signature_________________    Date_________________    Place_________________Updated: March 31st, 2009.
 
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