IT Café Online

TERMS OF USE:

User Agreement

These Terms of Use govern your use of the websites, content and community services offered through IT Café Online (“Site”). You (the user) agree to access "the site", subject to the terms and conditions of use as set out here.

IT CAFE ONLINE may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Changes

IT CAFE ONLINE reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice , make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

Limited Permission to Copy

IT CAFE ONLINE grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on IT CAFE ONLINE’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of IT CAFE ONLINE. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
IT CAFE ONLINE forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for indiatimes.com or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.

Individual Registration, Access and Exchange of Information
Registration by the visitor is required. To register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:-

• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with IT CAFE ONLINE as users of the Site; or
• Access through a single account and Password being made available to multiple users on a network.

If IT CAFE ONLINE reasonably believe that an account and Password is being used / misused in any manner, IT CAFE ONLINE shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify IT CAFE ONLINE immediately of any unauthorized use of your account or any other breach of security. IT CAFE ONLINE will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by IT CAFE ONLINE or another party due to someone else using your account or password.

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any IT CAFE ONLINE’s server, or the network(s) connected to any IT CAFE ONLINE server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Material Posted/transmitted at IT CAFE ONLINE’s Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify IT CAFE ONLINE or its affiliates for all claims arising out of any content that you post on the Site.

IT CAFE ONLINE accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of IT CAFE ONLINE and you agree to grant/assign to IT CAFE ONLINE and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.

Exchange of Information via CHAT, Email, Forums & other Community Services

You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.

IT CAFE ONLINE endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.

By using the facility of chat, email, forum and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user's ability to engage in real time exchanges.

Termination of Account

IT CAFE ONLINE reserves its right to refuse service, restrict, suspend,terminate your account; (Terminate this Agreement; Terminate or suspend your access to the IT CAFE ONLINE’s Web Sites; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the IT CAFE ONLINE’s Web Sites will immediately cease

You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

User Conduct and Obligations

You hereby agree and assure IT CAFE ONLINE that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service:
• post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
• delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
• not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any IT CAFE ONLINE’s server, or the network(s), computer systems / resource connected to any IT CAFE ONLINE server, or interfere with any other party's use and enjoyment of the Site/Service;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
• engage in any activity that causes / may harm minors; or
• perform any activity which is likely to cause such harm;
• impersonate any person or entity, including, but not limited to, IT CAFE ONLINE’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• take any action which encourages or consists of any threat of harm of any kind to any person or property;
• carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
• make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
• use the Site/Service for illegal purposes;
• disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any IT CAFE ONLINE website or the website of any IT CAFE ONLINE’s customer;
• transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
• collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
• engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
• encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
• make any representation or warranty on behalf of IT CAFE ONLINE.

You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:

• infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
• right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
• any confidentiality obligation.
Unless otherwise permitted, you will: (i) display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without IT CAFE ONLINE’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by IT CAFE ONLINE on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate IT CAFE ONLINE’s Web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, IT CAFE ONLINE’s Web page, nor may you frame any IT CAFE ONLINE’s Web page.

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). IT CAFE ONLINE will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of IT CAFE ONLINE for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, IT Cafe Online or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the IT CAFE ONLINE’s Web Sites.

Disclaimer of Warranties and Liability

IT CAFE ONLINE and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the IT CAFE ONLINE’s sites/services, with the delay or inability to use the IT CAFE ONLINE’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the IT CAFE ONLINE sites/services, or otherwise arising out of the use of the IT CAFE ONLINE sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by IT CAFE ONLINE as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.

Links to Other Sites

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain IT CAFE ONLINE’s-logo, please understand that it is independent from IT CAFE ONLINE, over whom IT CAFE ONLINE has no control or connection, business or otherwise as these sites are external to IT CAFE ONLINE. You agree and understand that by visiting such sites you are beyond the IT CAFE ONLINE’s website. IT CAFE ONLINE, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. IT CAFE ONLINE gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. IT CAFE ONLINE shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

Material Submitted by Users

Certain elements of the Site will contain material submitted by users. IT CAFE ONLINE accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless IT CAFE ONLINE against all third party claims, demands and actions brought against IT CAFE ONLINE which arises from or relates to the material submitted by you

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to IT CAFE ONLINE by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than IT CAFE ONLINE found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. IT CAFE ONLINE will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-IT CAFE ONLINE advertisers on the Website. IT CAFE ONLINE reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Data Protection

IT CAFE ONLINE reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to IT CAFE ONLINE

Further, IT CAFE ONLINE can (and you authorize IT CAFE ONLINE to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Right to remove inappropriate messages

We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.

Acceptance of Privacy Policy

By using IT CAFE ONLINE’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of IT CAFE ONLINE sites. We reserve the right, to modify this Privacy Statement at any time.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

All notices of copyright infringement should be sent to:
admin@itcafeonline.net

Copyright Notice
Copyright ©2009 IT Cafe Online. All rights reserved.
This disclaimer/terms of service notification is subject to change without notice.