PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Broadband Pacenet exercises no control whatsoever over the content of the information passing through Broadband Pacenet's system. Use of any information obtained via Broadband Pacenet is at User's risk. Neither Broadband Pacenet nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Broadband Pacenet make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY BROADBAND PACENET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER BROADBAND PACENET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES 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, CANCELBOTS, WORMS, TROJAN HORSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BROADBAND PACENET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT BROADBAND PACENETIS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, BROADBAND PACENET'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Broadband Pacenet in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Broadband Pacenet, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense (including without limitation attorney's fees and cost of litigation) incurred or suffered by Broadband Pacenet, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Broadband Pacenet in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Broadband Pacenet shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit
User represents to Broadband Pacenet that all of it's employees are 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit and/or may be offensive. User accesses such materials at his or her own risk. Broadband Pacenet has no control over and accepts no responsibility whatsoever for such materials.

Service Limitations
Broadband Pacenet’s desire is to assure that each end-user subscriber has an “as advertised” surfing experience. In order to insure that the service is available to all subscribers on an equal basis, certain “Reasonable Use” controls are placed on the service. These are described below for both the satellite service and optional dial up service portions on Broadband Pacenet’s service provision.

No Confidentiality
Information transmitted through Broadband Pacenet and through the Internet in general is not confidential. Broadband Pacenet cannot and shall not guarantee privacy or protection of any User. Broadband Pacenet reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Broadband Pacenet.

Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of these terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service
If User wishes to make purchases on the Service, the merchant or information or service provider from whom User is making the purchase may ask User to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup
Broadband Pacenet does not and will not perform system backups on any User's E-mail account(s). Broadband Pacenet shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Broadband Pacenet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Miscellaneous
User agrees to notify Broadband Pacenet if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Broadband Pacenet.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Broadband Pacenet's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Broadband Pacenet may modify this Agreement from time to time and these modifications can be viewed at
http://www.pacenet-india.com/terms.html. The User's continued use of the Service shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the Sovereign Republic of India without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.The Subscriber shall also strictly comply with the provisions of the Indian Telegraph Act, 1885, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time.

Broadband Pacenet shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Broadband Pacenet.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Broadband Pacenet as the defendant, shall be proper only in a venue determined by Broadband Pacenet.

In any action between Broadband Pacenet and User to enforce any of the terms of this Agreement, Broadband Pacenet shall be entitled to recover expenses, including reasonable attorney's fees.

Acceptable Use Policy

Rationale
It is our intention to allow Broadband Pacenet Internet Services customer’s access to everything the Internet has to offer with minimal or no interference. Our belief in Free Speech is a firm commitment to our customers. However, Free Speech does not include the right to shout "Fire" in a crowded theater. In an analogous manner, certain activities are considered inappropriate by the Internet community at large, and cannot be permitted under the guise of Free Speech.

Broadband Pacenet does monitor the activity of accounts including on-line time, file downloads, measurements of system utilization and billing records. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of Broadband Pacenet service, we will respond.

Broadband Pacenet’s Acceptable Use Policy (AUP) is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. Examples of such activities are given below:

Prohibited Uses
User may not:
• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• Run or activate processes while User is not logged in;
• Run or operate like services via connections into or received from Broadband Pacenet;
• Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Network unfriendly activity:
Activities which adversely affect the ability of other people or systems to use Broadband Pacenet services or the Internet is prohibited.

Privacy violations:
Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent is prohibited.

E-mail

Commercial e-mail:
Sending unsolicited commercial e-mail is prohibited. Using a Broadband Pacenet e-mail address to collect responses from unsolicited commercial e-mail is prohibited. Please refer to the section on Commerce on the Internet for additional guidance.

Mass Mailing:
Sending large volumes of e-mail is prohibited. User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.

Unauthorized Use of Relay Servers:
Unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Auto Responds:
Running Maillist, Listserv or any form of auto-responds from User's account is prohibited.

Harassment:
Sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is prohibited always.

Fraudulent Content:
User agrees to be held responsible for the distribution of fraudulent materials.

News Newsgroup spamming:
Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be cancelled.

Off-topic or Inappropriate Postings:
There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups. Broadband Pacenet does not censor the content of any newsgroups. We believe such choices should be left to the individual. We do advise our users that tools, such as Cyber Patrol, are available to screen an account's access to newsgroups one considers offensive. It is the account owner's responsibility to make use of such tools if desired.

Internet Relay Chat (IRC):
The use of IRC bots is prohibited, as is the violation of any accepted policies on IRC servers. If Broadband Pacenet is banned from a server, the offending account will be terminated.

Impersonation / Fraudulent Addressing:
Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. The use of anonymous re-emailers and nicknames does not constitute impersonation. Purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Broadband Pacenet service.

General

Financial:
Sharing Unlimited accounts with anyone other than immediate family member, or re-selling service without express written consent from Broadband Pacenet, or offering any public information service, such as running a web server or FTP server, with unlimited accounts is prohibited. Attempting to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots, programs and other methods of avoiding timing disconnection is prohibited. Untimely payment of any and all amounts due may result in account cancellation.

Privacy:
It may be necessary for Broadband Pacenet employees to examine system accounting logs and other records to resolve system problems. Broadband Pacenet reserves the right to access an account's mailbox to resolve system problems or mail system errors.

In addition, Broadband Pacenet will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.

Broadband Pacenet makes no guarantee and assumes no liability for the security of any data on any server including "secure servers."

Our customers are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method, and not guaranteed in any fashion by Broadband Pacenet.

Broadband Pacenet has no obligation to monitor the Service. However, User agrees that Broadband Pacenet has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Broadband Pacenet will not intentionally monitor or disclose any private E-mail message unless required by law. Broadband Pacenet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Commerce on the Internet:
The Internet can be a very valuable business tool when used properly, and can reflect poorly upon a business when used improperly. You are strongly encouraged to visit the following Web pages.

http://www.cybernothing.org/faqs/net-abuse-faq.html

For more information about spamming and netiquette, see:

ftp://rtfm.mit.edu/pub/usenet/news.announce.newusers/
ftp://rtfm.mit.edu/pub/usenet/news.admin.net-abuse.misc/

Reasonable Use Policy (“RUP”)

Limitation of Broadband Services

Broadband Pacenet Internet Services has deployed certain technologies into its Network Operating Center that track the utilization of the Internet bandwidth of each end-user subscriber. These technologies are designed to ensure equal Internet access for all end-user subscribers.

The Broadband Pacenet unlimited usage plan is designed and priced for individual residential access of a non-commercial nature. It is designed to provide the “reasonable” user with download at speeds as per the rate-plan chosen by the user. Therefore, Broadband Pacenet’s RUP establishes an equitable balance in Internet access for end-users regardless of the end-user’s frequency of use or volume of traffic.

Broadband Pacenet’s technologies have the ability to identify, in real-time, excessive consumption of bandwidth on a per end-user basis and correct it by temporarily reducing the throughput of the specific end-user that is excessively consuming bandwidth on the network. Once an end-user is identified as excessively using bandwidth, its individual throughput speed will begin to be reduced downward to a preset minimum. Once the end-user reduces its throughput and the Broadband Pacenet technologies observe the end-user’s usage of the bandwidth returning to RUP levels, the throughput limitations are progressively lifted over a period of time. This period of time is dependent on the total size and time period of the initial consumption that caused the reduction.

Broadband Pacenet’s RUP has been designed to give end-users an above average surfing experience that far exceeds the typical end-user’s needs. Additionally, the RUP ensures that the end-users all experience fair and equal access to the benefits of a satellite delivered broadband Internet access service. The RUP prevents the network from being congested by a handful of end-user’s activities. End-users that maintain an average daily usage of up to a resonable amount per day should not notice any throughput limitation. However, end-users that continually download large files, such as complete operating systems (e.g. Linux), should experience throughput limitations on a pro-rata basis over time until their average utilization returns to the levels expected from an individual residential user. The Broadband Pacenet RUP will still allow for large consumers of bandwidth to complete the download of their data. However, this type of end-user will experience throughput speed reductions until such time that their usage conforms to average usage patterns.

Broadband Pacenet reserves the rights to adjust download limitations as required to assure all users of equal access to the provided high-speed download service. The current RUP is based on cumulative usage over the previous 30-day period.

Limitation of Broadband Services

Broadband Pacenet reserves the right to refuse service to anyone and the right to terminate any account at anytime. Although Broadband Pacenet advertises "Unlimited Access" in regards to it's broadband services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Broadband Pacenet services by any such User, which restricts overall Broadband Pacenet system availability for other such Users.

• Idle Timeout
User agrees to have their online session automatically terminated after fifteen (15) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's computer and the Broadband Pacenet service.

• Maximum Single Session
User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.

• Minimum Re-Connect Limit
User understands they cannot log back onto the Broadband Pacenet system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

• Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each account purchased.

• Long Connections
Using a personal account for high volume or commercial use is prohibited. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Users may stay connected so long as they are actively using that connection for the above purposes. Users may not use the Service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Broadband Pacenet may at its discretion terminate a user's account for excessive usage with seven (7) days notice.

All above limitations are formulated to ensure "fair contention" of the services provided by Broadband Pacenet to all users who have purchased the same. Broadband Pacenet, at its sole discretion, reserves the right to enforce or negate the same without any notice.

Failure to Comply With Terms and Conditions
If a Broadband Pacenet account is used to violate these agreements, we reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary. However, flagrant violations of the AUP will result in immediate termination of service.

VIOLATION of ANY OF THE TERMS IN THIS AGREEMENT MAY RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "EMail" section of this document, will result in the IMMEDIATE DISCONTINUATION of the same.

If Broadband Pacenet denies User access to the Service because of such a violation, User shall have no right (1) to access through Broadband Pacenet any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Broadband Pacenet, and Broadband Pacenet shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. User also agrees to the immediate termination of Broadband Pacenet services for violation of any of these terms. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by Broadband Pacenet.