E-MAIL SERVICE AGREEMENT

User Agreement

The complete Agreement between You and Tata Communications Limited regarding the use of Tata Communications Limited’s E-mail Service (“the Service”) comprises of the following:

• E-mail Terms and Conditions
• Tata Communications Limited Privacy Policy
• Tata Communications Limited Anti-Spam Policy

By agreeing to the E-mail Terms and Conditions contained hereunder you agree to the provisions of the Privacy Policy and the Anti-Spam Policy references to which have been incorporated at appropriate places in the E-mail Terms and Conditions.

1. Registration

 The information provided by you during registration of Tata Communications Limited Internet Access Product must be accurate and current information and any subsequent change in the same shall be updated by you to ensure that correct and current information is maintained. If you provide any information that is inaccurate or not current or Tata Communications Limited has reasonable grounds to believe that such information is inaccurate or not current, Tata Communications Limited may suspend or terminate Your Service and refuse any future use of the Service.

 You are responsible for maintaining the confidentiality of your Service password and account, and are solely responsible for all activities that occur there under.

In particular, You agree to:

1. immediately notify Tata Communications Limited of any unauthorized use or suspected use of your password or account or any other breach of security, and
2. ensure that you exit from your account at the end of each session by signing out. Tata Communications Limited will not be liable for any loss or damage arising from your failure to comply with this provision.

You agree that you are responsible for Your use of the Service and any consequences thereof. The Service is provided for your use and You agree not to use, reproduce, sell, resell or in any other manner exploit, for any unlawful or harmful purposes, the Service or any portion thereof. Any use of the Service that is unlawful or which harms Tata Communications Limited, its Affiliates or its subscribers is expressly prohibited.

In particular, You agree not to use the Service:

1. To upload, transmit or otherwise distribute any content that is unlawful, seditious, fraudulent, threatening, abusive, defamatory, libelous, obscene, harassing, invasive of another’s privacy, hateful, religiously or otherwise objectionable;
2. To upload, transmit or otherwise distribute any content that you do not have a right to transmit under any law or as part of Your contractual or fiduciary relationships including without limitation third party confidential information;
3. To upload, transmit or otherwise distribute any content that infringes any patent, trade secret, copyright, designs, trademark, geographical information, moral rights or any other Intellectual Property Rights of any third party including without limitation as part of any unauthorized peer-to-peer file sharing network;
4. To upload, transmit or otherwise distribute or introduce any computer contaminants including without limitation computer viruses or any other computer code, files or programs designed to modify, destroy, record, transmit data residing in a computer, computer system or computer network or interrupt, destroy or limit the functionality of any computer, computer system or computer network;
5. To access or secure access without permission, disrupt or cause disruption, damage or cause damage to any computer, computer system or computer network;
6. To interfere with or disrupt the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. To damage, disable, overburden or impair any aspect of the Service or any other Tata Communications Limited Service or interfere with any third party’s use and enjoyment of the Service or any other Tata Communications Limited Service
8. To intentionally or unintentionally violate any applicable law, rules or regulations or abet, promote or encourage any act that violates any applicable law, rules or regulations.

Computer, Computer System, Computer Network, Computer Contaminant, Computer Virus shall have the same meaning as assigned to the aforesaid terms under the Information Technology Act, 2000.

1. Emails from only valid and active Tata Communications Limited IDs will be accepted at Tata Communications outgoing mail servers for sending mails. These emails should carry the ‘FROM’ address as username@vsnl.net or any valid Tata Communications Limited email address.
2. Sending of emails from any other network through any other ISP connection other than Tata Indicom Total Internet and Tata Indicom Broadband connections will not be permitted.
3. Sending/receiving e-mails with attachment size more than 10 MB will not be permitted.
4. Maximum number of recipient email addresses per email sent is 15 and any mail with recipient list exceeding 15 will be considered as bulk mail and shall be treated as Spam.
5. Maximum 30 connections per IP per minute are permitted on mail servers for the receiving incoming mails from other than Tata Communications Limited domains.
6. Maximum of 5 SMTP transactions per SMTP connection are permitted for incoming mails.
7. Tata Communications Limited does not authorize anyone to send e-mail or cause e-mail to be sent to the Tata Communications Limited Network that violates E-mail Terms & Conditions.
8. You acknowledge that Tata Communications Limited may establish general policies concerning use of the Service and modify or change such policies without notice, including without limitation:
1. the maximum number of days that e-mail messages or other content will be retained;
2. maximum number of email messages that may be sent from or received by an account;
3. the maximum size of any email message that may be sent from or received by an account;
4. the maximum space that will be allotted on Tata Communications Limited's servers for Your account; and
9. Nothing in this Agreement is intended to grant any right to transmit or send e-mail to, or through, the Tata Communications Limited Network.

5. Indemnity

You agree to defend, indemnify and hold harmless Tata Communications Limited, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorneys’ fees, caused by or arising out of claims based upon the use of Your account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of Intellectual Property Rights or other rights.

SPAMMING in all forms and by all means is strictly prohibited on or through the Tata Communications Limited Network.

Without prejudice to the foregoing, Your use of the Service in any manner for the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail is prohibited. Tata Communications Limited may suspend or terminate Your Service and refuse any future use of the Service in the event of any breach of this provision.

Your use of the Service is subject to your acceptance and compliance with the Tata Communications Limited’s Anti-Spam Policy

Your Registration Information and other personal information collected by Tata Communications Limited in relation to the Service are subject to Tata Communications Limited’s Privacy Policy.

Your use of the Service is subject to your acceptance and compliance with the Tata Communications Limited’s Privacy Policy

Tata Communications Limited reserves the right to investigate Your use of the Service including without limitation the right to periodically monitor, edit or disclose the content of Your e-mails in order to:

1. determine whether a violation of the Agreement has occurred
2. ensure compliance with legal process, Governmental request or court order
3. to respond to claims that any content violates the rights of third-parties,
4. to protect the rights, property or personal safety of Tata Communications Limited, its users and the public

Your use of the Service under this Agreement shall continue to be in full force and effect for so long as you are a subscriber of the Tata Communications Limited’s Internet Service. Tata Communications Limited shall terminate the Service as and when you cease to subscribe to the Tata Communications Limited’s Internet Service. The provisions of Sections5, 10, and 11 shall survive any such termination.

Tata Communications Limited reserves the rights to modify discontinue or terminate, temporarily or permanently, the Service or any part thereof, with or without notice. Tata Communications Limited shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

Tata Communications Limited PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Tata Communications Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Tata Communications Limited MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Tata Communications Limited MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Tata Communications Limited MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE THEREIN. Tata Communications Limited HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICE.

11. Limitation of Liability

Tata Communications Limited SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF Tata Communications Limited HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

You acknowledge and agree that the Service and any software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws and may not be used in any manner other than for Your use to the extent allowed by Tata Communications Limited.

13. Miscellaneous

1. You may not assign any of your rights or delegate any of your obligations under this Agreement without Tata Communications Limited’s prior written consent.
2. This Agreement shall be subject to and construed in accordance with the laws of India, and any action brought in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts in Mumbai.
3. If any provision of this Agreement is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent permitted under applicable law. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby.
4. Tata Communications Limited’s failure to enforce this Agreement in any instance in which it might have application does not amount to a waiver of Tata Communications Limited's rights.
5. Tata Communications Limited reserves the right to conduct surveys through mailers to seek your feedback on the Service(s) provided by Tata Communications Limited and informing you about new products and services from time to time.
6. This Agreement sets forth the entire understanding and agreement between you and Tata Communications Limited.