Terms & Conditions

GENERAL:

1. Application form is free of cost. The form may be filled up in capital letters only.

2. Subject to the acceptance of the application and technical feasibility GOAIRNET will endeavor to provide the Broadband Service as soon as possible.

3. The contract with GOAIRNET for provision of Broadband Service will be for a minimum period from the date of commencement (depending upon the plan chosen) in accordance with the tariff plan opted.

4. The data rates shown as down streams or upstream is applicable only to last mile. However GOAIRNET does not hold responsibility for lesser download or upload data rates caused by the accessed website status or the international gateway or the media.

5. Customers are free to choose and Purchase their own Broadband Router of approved models.

6. The Broadband connection is likely to be withdrawn in case the customer fails to pay Broadband charges.

7. Shifting of Broadband connection subject to the technical feasibility would be done on payment of the applicable shifting charges.

8. Home users will be able to connect only one computer. In case of business users, it would be possible to connect more with router installation and depending on the plan opted for.

9. The subscriber is required to fully comply with the provisions of Information Technology Act 2000 made there under and any amendments or replacements made thereto from time to time.

RIGHT TO TERMINATE SERVICE:

1. GOAIRNET reserves the right to disconnect the service to any customer in case there is sufficient evidence of the customer intentionally or unintentionally using the service in a manner which would adversely impact GOAIRNET or GOAIRNET’s Network.

2. The customer shall be responsible for using the service only for Legal and appropriate purposes.

3. GOAIRNET reserves the right to terminate the services in the event of non-payment of bills preferred by GOAIRNET in accordance with the tariff plans opted by the customer and the extent of usage or any default on the part of customers.

OTHER TERMS AND CONDITIONS:

1. GOAIRNET WIRELESS BROADBAND PVT. LTD. shall

1. Endeavor to provide reliable & efficient services to its customer.

1. Update its Internet services, provide new facilities, modify & delete certain features without prior intimation.

1. Upgrade its network capacity, bandwidth, speed & add new nodes & reconfigure its network as per need.

2. GOAIRNET may revise the tariff for its BROADBAND services from time to time to on its sole discretion.

3. In case of an ISP, all terms & conditions of ISP license shall be applicable.

4. The customer understands and acknowledges that:

1. Only Telecom Engineering Center (TEC), New Delhi approved Interface Equipment would be used for accessing broadband Services.

1. Necessary License Fee is payable to GOAIRNET for connecting Router/other Interface equipment etc. as applicable. The BROADBAND customer is required to complete necessary formalities with GOAIRNET WIRELESS BROADBAND PVT. LTD. office.

1. Ending unsolicited emailing via GOAIRNET WIRELESS BROADBAND PVT. LTD. Services is unlawful.

1. Probing for means of gaining unauthorized access to computers or networks is not permitted.

1. Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data, is not permitted.

1. Sending harassing or threatening emails over GOAIRNET WIRELESS BROADBAND PVT. LTD. Internet Services is not permitted.

1. Internet contains unedited materials, some of which may be sexually explicit or offensive & provocative for which GOAIRNET WIRELESS BROADBAND PVT. LTD. has no control. Any objectionable or obscene.

1. Messages or communications, which are inconsistent with the established laws of the country, are not created, stored downloaded, accessed, transmitted or retransmitted by him or any other person using his facilities.

1. The customer is required to fully comply with the provisions of the Information Technology Act 2000 and any amendments or replacements made thereto from time to time.

1. Customer assumes total responsibility and risk for use of the Internet Services.
   5. Disclaimer:-

    

   While every effort is made by GOAIRNET to provide highest quality of services to its customers of BROADBAND Services, the linking, quality and speed of data transmission is entirely dependent on the wireless link connectivity as may be permitted by GOAIRNET systems. Accordingly, GOAIRNET shall in no event be responsible to the customer in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity of the customer with GOAIRNET broadband network computer or the deficiency in data transmission between the customer and GOAIRNET broadband network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from. GOAIRNET is not responsible for subscriber’s computer hardware and software or areas of the Internet not under its control. GOAIRNET does not warrant privacy, security, or efficiency of the Internet. GOAIRNET is not responsible for actions taken by its customers or others as a result of its services. GOAIRNET is not responsible for material any person (including household members of the subscriber) may receive or transmit via the Internet, or for anything bought or sold via the Internet, or for any other result of an action taken by anyone using its service. The BROADBAND Service is provided by GOAIRNET on an “AS IS and AVAILABLE” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by GOAIRNET, its affiliates or their respective employees shall create a warranty. Neither GOAIRNET nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components. Under no circumstances shall GOAIRNET, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from customers, use of or inability to use the service or to access the Internet or any part thereof, or customers reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.

    

   7. Force Major –

    

   If at any time, during the continuance of GOAIRNET WIRELESS BROADBAND Services, the performance in whole or part, of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the subscriber shall not have any claim for damages against GOAIRNET in respect of such non-performance or delay in performance of GOAIRNET Internet Services.

    

   8. Arbitration of Disputes –

    

   That in case of any dispute or differences, breach & violation relating to the terms and conditions the said matter or dispute, difference shall be referred to the sole arbitration of Chairman and Managing Director (CMD) of GOAIRNET or any other person appointed by him. That the award of arbitrator shall be final and binding on both the parties. In the event of such Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or otherwise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever, the CMD GOAIRNET shall appoint another person to act as Arbitrator in place of outgoing Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by the predecessor. Subscriber will have No objection in any such appointment that arbitrator so appointed is an employee of the GOAIRNET, same as above, the said Arbitrator shall act as under the Provision of the Arbitration and conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.

    

   9. Acceptable user policy for BROAD BAND’s users

    

   This acceptable user policy (AUP) specifies the actions permitted by GOAIRNET WIRELESS BROADBAND to its users of BROADBAND Services and other services which may be introduced in future. GOAIRNET reserves the right to modify the policy at any time. All subscribers of BROADBAND Services, directly or indirectly are required to engage in acceptable use only as per this policy as modified from time to time.

    

   1. Illegal use

    

   BROADBAND network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.

    

   1. Subscriber conduct

    

   Subscriber shall use BROADBAND services for lawful purposes only. Subscriber shall not post or transmit using

    

   BROADBAND services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the GOAIRNET’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the GOAIRNET’s discretion restricts or inhibits any other Subscriber from using or enjoying BROADBAND services will not be permitted. Subscriber shall not use BROADBAND services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the BROADBAND services. Subscriber shall not upload, post or otherwise make available using BROADBAND services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with subscriber.

    

   Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

    

   1. System and Network Security

    

   Violation of system or network security is prohibited, and may result in criminal and Civil Liability. The GOAIRNET will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

    

   Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

   Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

   Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

   Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.

   Harassing or threatening transmissions.

   Probing for means of gaining unauthorized access to computers or networks.

   Introducing or causing to be introducing any computer contaminant or computer viruses into system or network.

   Introducing or causing to introduce any pornography material, e-mail etc.

   1. Indemnification

    

   Subscribers agree to defend, indemnify and hold harmless the GOAIRNET, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of BROADBAND Services by subscriber or anybody else than the Subscriber, if any

    

   1. EMAIL

    

   It is a condition of use of BROADBAND services that subscriber do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A subscriber shall not use another site’s mail server to relay mail without the express permission of the site. Posting a message and subscribing without intent to large number of news groups, forums, email, mailing lists or other groups or lists is prohibited.

    

   Mail Relay using mail servers of other ISPs depends upon the policies of respective ISPs over which GOAIRNET has no control.

    

   1. Enforcement of AUP (Acceptable Use Policy) for GOAIRNET subscribers:

    

   Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a BROADBAND subscriber or a subscriber’s end user shall be considered violation of the policy by such customer or end user. Any user found violating the above AUP is liable for action under the prevailing laws including termination of services.

    

   10. GOAIRNET shall have the absolute right to immediately terminate, any time, Subscriber contract in the event of any conduct by Subscriber which the GOAIRNET, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of the terms and conditions.

    

   11. The speed of the Internet may vary depending the aggregate usage. The IP allocations will be made as per the convenience of GOAIRNET.

    

   12. For the NEW customers, who are likely to join to Wireless Broadband services, the Non Refundable Installation charges are must.

    

   13. Prepaid Billing for the service will be as per the plan creation/installation day. The billing cycle shall be same as on the next renewal date. Plan rental will be collected in advance and usage charges in arrears.

    

   14. Prepaid plan will be active for 30 days.

    

   15. No migration is allowed to the lower tariff plan till the expiry of the committed period.

    

   16. Reactivation charges per month are applied if customers fail’s to renew broadband plan within time limit offered by GOAIRNET.

    

   17. All necessary wired/wireless equipment used in installation remains the property of GOAIRNET.

    

   18. GOAIRNET reserves the right to withdraw broadband services and all wireless equipment at any point of time without any prior information if subscriber’s broadband payment is not executed within 24 HRS of Plan renewal.

    

   19. All necessary installation material used for customer’s connectivity remains property of GOAIRNET as none of the wired/wireless equipment is sold to customers.

    

   20. Additional terms and condition for static IP:

    

   1. a) Customer understands that this IP address can be renumbered at any point of time as per GOAIRNET’s requirement.

    

   1. b) Customers understands that IP address assigned by GOAIRNET are non portable and will have to be returned to GOAIRNET at the time of termination/change over to another provider/any other reason whereby the customer network is unusable.

    

   1. c) Customer understands that He/She cannot in turn assign the IP address to other party.

    

   1. d) Customer understands that IP addresses assigned by GOAIRNET are subjected to availability of IP address with GOAIRNET

    

   1. e) Customer understands that IP address may be changed by GOAIRNET at its discretion without assigned any reason and He/She has to agree for same.

    

   1. f) Customer understands that He/She may be required to pay for the IP address in the form of lease rental or other means, if such type of charge base regime is introduced at a later date and such payment may be required to be made retrospectively.

    

   In consideration of the Wireless Internet Broadband being provided to you by the GOAIRNET WIRELESS BROADBAND PVT. LTD., you agree to the terms and conditions of this Customer Use Agreement. If at any time you choose not to agree to all or any of the following terms and conditions, you must notify the Company immediately to cancel Broadband Service.