MTNL Mumbai Broadband/ADSL Services              ANNEX-I
 Broad terms and Conditions of MTNL, Broadband/ ADSL Internet Access Service Subscription

  1. Definition: Broadband Internet Service - An <91>always-on<92> data connection that is able to support interactive services including Internet access and has the capability of the minimum download speed of 256 kilo bits per second (kbps) to an individual subscriber from the Point Of Presence (POP) of the service provider intending to provide Broadband Internet service where multiple such individual Broadband connections are aggregated and the subscriber is able to access these interactive services including the Internet through this POP.  The interactive services will exclude any services for which a separate licence is specifically required, for example, real-time voice transmission, except to the extent that it is presently permitted under ISP licence with Internet Telephony."

  2. IP addresses allocated to customer by MTNL are non-portable & shall continue to remain the exclusive property of MTNL.

  3. MTNL shall be free to update Internet access progressively to bring in new features. MTNL may not be in a position to intimate Customer immediately; however it will endeavor to make it known to subscribers through mailers and advertisements.

  4. The customer of MTNL Broadband/ ADSL Internet services is not allowed to resale the Internet Services.

  5. The customer is required to fully comply with the provisions of the Indian Telegraph Act, 1885 and Information Technology (IT) Act, 2000 & the Indian Telegraph Rules made there under and any amendments or replacements made there to from time to time.

  6. The customer is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country, are not made by him or any other person using his password.

  7. MTNL may revise the tariff for MTNL Broadband/ ADSL Internet Services from time to time at its discretion.

  8. Broadband connection is location specific & customer shall not remove 0r, shift any equipment installed by MTNL at the customer's premises (the said location).

  9. Customer assumes total responsibility and risk for use of the MTNL Broadband/ ADSL Internet services. Neither MTNL nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise information or service provided through the internet, any they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely customer's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the services or in the Internet generally.

  10. Notwithstanding anything contained herein, MTNL reserves the right to access information over the network established by the customer, if required in pursuance of the laws of the land, and as specifically provided for under the Information Technology Act, 2000.

  11. The customer is prohibited from misusing or copying the software supplied by MTNL, or otherwise be in breach of the protected rights of the company under the copyright Act. The customer shall not indulge in any direct or indirect acts of reverse engineering in this connection.

  12. Customer understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to some people. Customers access such materials at their own risk. MTNL has no control over and accepts no responsibility whatsoever for such materials.

  13. The customer is required to desist from putting unsolicited messaging on server hosted at MTNL premises. The customer is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country, are not made by him or any other person on the Web Server or web space of the customer.

  14. The service is provided 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 particular purpose. No advice or information given by MTNL, its affiliates or their respective employees shall create a warranty. Neither MTNL 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.

  15. Under no circumstances shall MTNL, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in anyway 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.

  16. Payment of bills - it would be the responsibility of customer to make payment to MTNL Broadband/ ADSL Internet service. MTNL would disconnect the service in case of non-receipt of payment without giving any notice to the customer. All the charges /payments related to Broadband/ ADSL Internet services will be billed with Telephone bill.

  17. Force Majeure - if any time, during the continuance of MTNL Broadband/ ADSL Internet 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, look-out or act of GOD etc. the customer shall not have any claim for damages, against MTNL in respect of such non-performance or delay in performance of MTNL Broadband/ADSL Internet Services.

  18. Arbitration of Disputes - In the event of any dispute or difference arising out of provisions of MTNL Broadband/ADSL Internet services, the matter will be referred for arbitration in terms of section 7(B) of Indian Telegraph Act, 1885 and any amendments made there to from time to time.