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Terms and Conditions
Jawaharlal Nehru Technological University (hereinafter referred to as "JNTUK") shall provide you (hereinafter referred to as "End User") with the use of the email services (hereinafter referred to as "Email Service") as serviced and maintained by Social Media lndia Limited (hereinafter referred to as "SMIL"). The Email Service is subject to the following terms and conditions (hereinafter referred to as "Terms and Conditions").
In consideration of End User's use of the Email Service, End User represents and warrants that he/she is of legal age to form a binding contract and is not a person barred from receiving the Email Service under the laws of the India or other applicable jurisdiction;
1. Scope
1.1 By accessing and using our Email Service, End User accepts and agrees to be bound by the Terms and Conditions contained herein. End User further accepts and agrees that these Terms and Conditions constitute a legally binding agreement between him/her and SMIL;
1.2 The Terms and Conditions cover appropriate use of the Email Service and apply to all staff, students, employees and alumni duly registered with JNTUK or operating on behalf of JNTUK, using its domain and email addresses.
2. End User's Registration Obligations
End User agrees to the following for availing the Email Service:
2.1 provide true, accurate, current and complete information about yourself to register yourself for the Email Services (the "Registration Data"); and
2.2 promptly notify JNTUK/SMIL system administrator of any change in the Registration Data to keep it true, accurate, current and complete.
If End User provides Registration Data that is untrue, inaccurate, not current or incomplete, or SMIL has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, SMIL has the right to suspend or terminate his/her account and refuse any and all current or future use of the Email Service.
3. Use of the Services by End User
3.1 End User agrees to use the Email Service only for purposes that are permitted by (a) the Terms and Conditions; and (b) any applicable law, regulation or generally accepted practices or guidelines in India (including but not limited to laws relating to data privacy and data transfer);
3.2 End User agrees not to access (or attempt to access) any of the Email Service by any means other than through the interface that is provided by SMIL, unless End User has been specifically allowed to do so in a separate agreement with SMIL;
3.3 End User specifically agrees not to access (or attempt to access) any of the Email Service through any automated means (including use of scripts or web crawlers) and shall ensure that he/she shall comply with the Terms and Conditions;
3.4 End User agrees that he/she will not engage in any activity that interferes with or disrupts the Email Service including but not limited to the servers and networks which are connected to the Email Service;
3.5 Unless End User has been specifically permitted to do so in a separate agreement with SMIL, End User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the Email Service for any purpose whatsoever; and
3.6 End User agrees that he/she is solely responsible for (and that SMIL has no responsibility to End User or to any third party for) any breach of End User's obligations under these Terms and Conditions for the consequences (including but not limited to any loss or damage which SMIL may suffer) of any such breach.
4. Policy
Notwithstanding anything contained in Clause 3 above, End User also agrees to the following:
4.1 Offensive Messages:
The Email Service shall not to be used for the creation or distribution of any disruptive or offensive messages, including offensive comments about race, gender, hair color, disabilities, age, sexual orientation, pornography, religious beliefs and practice, political beliefs, or national origin or for transmitting Content (as defined below in Clause 7) that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Any person who receives email(s) with such Content may inform the JNTUK/SMIL system administrator.
4.2 Usage:
4.2.1 The End User should not attempt to exploit, test, or probe for suspected security holes on the Email Service, but instead should report them to JNTUK/SMIL system administrator; and
4.2.2 Likewise, End Users should not disseminate to others any information that serves to circumvent or degrade system security or integrity of the Email Service.
4.3 Other Prohibited Usage:
The following are some of the uses of electronic mail (hereinafter referred to as "Email") by End User which are considered as inappropriate and unacceptable use of the Email Services and violative of these Terms and Conditions. In general, the Email Service shall not be used for the initiation or re-transmission of:
4.3.1 Chain mail that misuses or disrupts resources - Email sent repeatedly from user to user, with requests to send to others;
4.3.2 Harassing, obscene or hate-mail - Any threatening or abusive Email sent to individuals or organizations;
4.3.3 Emails which breach contract or a third party IP rights – Emails with Content that the End User does not have a right to make available under any law or under contractual or fiduciary relationships or Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4.3.4 Virus and Virus hoaxes;
4.3.5 Spamming or email bombing attacks - Intentional email transmissions that disrupt normal email service;
4.3.6 Junk mail - Unsolicited email that is not related to JNUTK activities and is sent without a reasonable expectation that the recipient would welcome receiving it;
4.3.7 False identification - Any actions that defraud another or misrepresent or fail to accurately identify the sender; and
4.3.8 Disruptive emails - Emails that interfere with or disrupt the Email Service or servers or networks connected to the Email Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Email Service.
5. Privacy
SMIL does not monitor the Content of Email as a routine procedure but it does reserve the right (but shall have no obligation) to inspect, copy, store, or disclose the Contents of the Email. SMIL will take such measures when it believes or has reason to believe that these actions are appropriate to:
5.1 prevent or correct improper use of Email Services;
5.2 ensure compliance with JNTUK and SMIL policies, procedures, or regulations and laws , rules and regulation in force in India;
5.3 satisfy a legal obligation; and/or
5.4 ensure the proper operations of the Email Services.
The End User hereby agrees that he/she shall have no expectation of privacy in anything he/she stores, sends or receives using the Email Service.
6. End User password and account security
6.1 End User agrees and understands that he/she is responsible for maintaining the confidentiality of his/her password associated with any account for accessing the Email Services;
6.2 accordingly, End User agrees that he/she will be solely responsible to SMIL for all activities that occur under his/her account;
6.3 If End User becomes aware of any unauthorized use of his/her password or account, End User agrees to immediately notify the [JNTUK/SMIL] system administrator.
7. Content in the Services
7.1 End User understands that all information, including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images which End User may have access to as part of, or through use of the Email Service are the sole responsibility of the person from which such content originated. All such information is referred to as the "Content";
7.2 End User should be aware that Content presented to him/her as part of the Email Service, including but not limited to advertisements in the Email Service and sponsored Content within the Email Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SMIL (or by other persons or companies on their behalf, as the case maybe). End User may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless he/she has been allowed in a separate agreement with SMIL;
7.3 SMIL reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Email; and
7.4 End User understands that by using the Email Service, he/she may be exposed to Content that may be offensive, indecent or objectionable and that, in this respect, he/she shall use the Email Service at his/her own risk.
8. Enforcement
Any End User found to have violated any provision of these Terms and Conditions may be subject to disciplinary action, up to and including unilateral termination, blocking or disabling of her/his Email address, termination of employment or expulsion from JNUTK and could also be referred to appropriate external authorities for appropriate action.
9. Modification
SMIL reserves the right to change, modify and alter these Terms and Conditions at any time.
Upon the End User's usage of the Email Service after such modification of the Terms and Conditions, it is assumed that the End User has accepted the new usage policy or Terms and Conditions.
10. Disclaimer
SMIL makes no warranties of any kind, whether expressed or implied, with respect to the Email Service it provides. SMIL will not be responsible for damages resulting from the use of the Email Service, including, but not limited to, loss of data, delays, non-deliveries, missed deliveries and service interruptions caused due to any reason whatsoever. SMIL specifically denies any responsibility for the accuracy or quality of information obtained through or exchanged using the Email Service, except material represented as an official JNTUK record.
11. Termination
11.1 SMIL reserves the right to immediately terminate, limit access to or suspend End User's account, any associated Email address, and access to the Email Service, without prior notice. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Email Service (or any part thereof); (d) unexpected technical or security issues or problems; (e) engagement by the End User in fraudulent or illegal activities,
11.2 Further, the End User agrees that all terminations, limitations of access and suspensions for cause shall be made in SMIL's sole discretion and that SMIL shall not be liable to the End User or any third party for any termination of End User's account, any associated Email address, or access to the Email Service;
11.3 Termination of the End User's account includes any or all of the following: (a) removal of access to all or part of the offerings within the Email Service; (b) deletion of password and all related information, files and content associated with or inside the said account (or any part thereof); and (c) barring of further use of all or part of Email Service.
12. Indemnity
End User agrees to indemnify and hold SMIL and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content he/she submits, posts, transmits, modifies or otherwise makes available through the Email Service, use of the Email Service and/or connection to the Email Service, violation of these Terms and Conditions, or violation of any rights of another.
13. Proprietary Rights
End User acknowledges and agrees that the Email Service and any necessary software used in connection with the Email Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. End User further acknowledges and agrees that Content contained in advertisements or information presented to the End User through the Email Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SMIL or the applicable licensor (such as an advertiser) as the case may be, End User shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Email Service, such Content or the Software, in whole or in part.
SMIL grants the End User a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that the End User does not (and does not allow any third party to) copy, modify, create a derivative work form, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The End User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Email Service. End User agrees not to access the Email Service by any means other than through the interface that is provided by SMIL for use in accessing the Email Service.
14. Limitation Of Liability
END USER EXPRESSLY UNDERSTANDS AND AGREES THAT SMIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO THE END USER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE EMAIL SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EMAIL SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE EMAIL SERVICE.
15. Entire Agreement
These Terms and Conditions contain the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the India as applicable to agreements executed and performed wholly within India.
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