Spectrum Control Panel

1. Rights and Obligations of User:

User represents and warrants that:

It has full right and authority to enter into this Agreement;
It will not use the Services in any manner which is in violation of any law or governmental regulation, or Company’s Acceptable User Policy (“AUP”) or “SLA” as amended from time to time by Company, which AUP is posted on Company’s web site at www.spectrum.net.in;
The “User Data” (as hereinafter defined) will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right;
The User Data will not include indecent or obscene material or constitute a defamation or libel of Company or any third party and will not result in the obligation of Company to make payment of any third party licensing fees; and “User Data” shall mean the text, data, images, sounds, photographs, illustrations, graphics, programs, code and other materials transmitted through the Services hereunder.

2. Rights and Obligations of Company:

As may be set forth in the Agreement, Company will secure domain names and assign IP address space (subject to reasonable availability) for the benefit of User during the Term, and Company will route those addresses on Company’s network; it being understood and agreed that neither User nor any of its “Users” (as defined in the AUP) shall have the right to route these addresses.
User understands and agrees that its USER shall have no ownership interest in any IP address which Company obtains on User’s behalf and that Company shall retain ownership of all such IP addresses, and upon termination of the Agreement, User’s access to and utilization of such IP addresses shall terminate.
User agrees that it is solely responsible for assessing its own computer and transmission network needs and the results to be obtained there from and Company exercises no control whatsoever over the merchandise, information and services offered or accessible on the Internet. Company shall use commercially reasonable efforts to:
1. Monitor its network and its interconnection to other networks and
2. Maintain its network, including interconnections in an operational state, other than for scheduled maintenance, in order to provide Services in accordance with any applicable service level agreement (the “SLA”). User assumes total responsibility for User’s use and users’ use of the services, software or equipment provided by Company, if any, and the Internet.
User understands and agrees further that the Internet:
1. Contains materials some of which are sexually explicit or may be offensive and
2. Is accessible by persons who may attempt to breach the security of Company and/or User’s network. Company has no control over and expressly disclaims any liability or responsibility whatsoever for such materials or actions and User and User’s users accesses the services at User’s own risk. Except as specifically set forth herein or in the addendum, the services, facilities and related software and/or equipment provided by Company, if any, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Company, its affiliates or its contractors or their respective employees shall create a warranty.

3. Limitation of liability:

Company shall not be liable for any site down, data loss or other such unforeseen problems of shared hosting services.

Under no circumstances shall Company be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in anyway for Users by use or inability to use the services or to access the internet or any part there of or Users reliance or on information, services merchandise provided on or through the service or, the result from the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure to performance. If at all Company found to be liable for any liability the same shall be confined to the value of the invoice raised for the said services for the said period and Company shall not be liable for any loss/ damages mentioned above, other than the invoice raised for the said services.

Except as specifically provided herein, neither the Company, its affiliates, resellers, agents, or licensors, if any, shall be liable for any claim, demand or action arising out of, or relating to, the User's use of the Products or the Company's performance of (or failure to perform) any obligation under this Agreement or for special, incidental or consequential damages, including, without limitation, damages due to lost revenues or profits, business interruption, or other damages caused by User's inability to use the Products, even if the Company, its affiliates, resellers, agents, or licensors have been advised of the possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable