Part I rjil internet acceptable usage policy (“aup”)

Part - I

RJIL INTERNET ACCEPTABLE USAGE POLICY (“AUP”)
This document is a written binding agreement and an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This is a standing offer of an agreement from Reliance Jio Infocomm Limited (“RJIL”) to the subscriber (“you”/ “Employee”) which you have which you may or you have deemed to have read, understood and accepted by registering with RJIL by accepting this AUP or using the
Services and therefore thereby are a binding written contract between you and RJIL. The internet (Wi – Fi) services of RJIL are made available to you for technical testing and evaluation purposes only and at no charges (“Pilot Services”). The Pilot Services so made available shall under no circumstances be considered as “Commercial Services” as per the Unified Access Service License between RJIL and Government of India.
By making available the Pilot Services, RJIL is merely acting as a passive conduit to facilitate the publishing or transmission of the information, data or content by the users of Pilot Services and therefore RJIL is an intermediary under the Information Technology Act, 2000 as amended and the relevant rules made thereunder. This AUP is deemed to be published and shall be construed in accordance with the provisions of Rule
3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Pilot Services. The Pilot Services are made available through the telecommunication service network of RJIL which may include certain network elements and/or backhaul services / infrastructure of third parties (“RJIL Network”). You shall be deemed to be the ‘originator’, ‘publisher’ and/or ‘transmitter’ of all the data, information or content published or transmitted through your account or under your control or supervision on or through RJIL Network. This AUP is supplement by a Privacy Policy which is attached herewith (individually referred to as “Policy” and collectively as “Policies”). The experience, results or finding of your using the Pilot Services shall be the confidential information of RJIL and shall not be shared or disclosed to any third party except where required under any applicable laws. By subscribing to and/or using the Pilot Services and/or RJIL Network, you hereby agree as under:
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You shall neither use Pilot Services nor undertake any activity including the publishing, transmission, storage or distribution of any data, information or content using Pilot Services that hinder the efficient operation of RJIL Network, interfere with the rights of other users or violates any law or regulation or industry code of practice including but not limited to any violation of local and international laws prohibiting child pornography, obscenity, blasphemous, paedophilic, libelous, discrimination (including racial, economic strata, country, language, gender or religious slurs) and hate speech, speech designed to incite violence or hatred and threats to cause bodily harm and/or relating to or encouraging money laundering or gambling or indulging in cyber terrorism. You must take appropriate precautions to prevent minors from accessing or receiving any content you have published that may be inappropriate for them. Without prejudice to the other terms of this AUP, you shall be extremely careful and sensitive towards women and children while using the Pilot Services and shall not breach any laws towards the welfare, security, safety, integrity, privacy and protection of women and children and particularly you shall not indulge in "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 and harm minors in any way including in violation of The Protection of Children From Sexual Offences Act, 2012.
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The Pilot Service must not be used to obtain or attempt to obtain unauthorised access to any computer, system or network including accessing, monitoring or using any data, systems or networks, probing, scanning or testing the vulnerability of a system or network, breaching any security or authentication measures for a system or network, accessing the account or private information of any other person or entity or accessing any server in violation of any acceptable use policy of that server.
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The Pilot Service must not be used for any activity designed to infringe any intellectual property rights, privacy rights, personality rights or intellectual property, privacy and personality laws including materials protected by local and international copyright, trademarks, patents and trade secrets or defame abuse, stalk, harass or physically threaten any individual in India or beyond its borders including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material. RJIL reserve the right to block access to, to disable, remove, or to refuse to post any content, in whole or in part, that RJIL, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes without limitation obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or intellectual property rights of others, or is likely to be defamatory of another person or otherwise violates any applicable laws.
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The Pilot Services must not be used for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component or use (or attempt to use) the service in a manner that may interfere with the technical operation of the service or any other computer, system, network or telecommunications services, including without limitation denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host.
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You must not use the Pilot Service to spam, send bulk and/or unsolicited messages. You shall not deceive or mislead the addressee/ users about the origin of the messages, data or information sent or originated by you on or through RJIL Network.
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You are responsible for any misuse of Pilot Services that occurs through your user account or under your control or supervision. It is your responsibility to ensure that unauthorised persons do not gain access to or misuse Pilot Services and you are solely responsible for the security of any device you choose to connect to the service, including any data stored on that device.
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Notwithstanding anything contrary contained herein, under no event, RJIL and its third parties shall have no obligation or duty to screen or monitor the data, information or content published or transmitted by you or any other person using Pilot Services and RJIL and its third party shall not be responsible for such data, information or content.
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RJIL in its sole discretion may terminate or suspend the Pilot Services without any obligation to serve any prior notice. Upon your breach of this AUP, RJIL reserves the right to take any responsive action RJIL deem appropriate. Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate suspension or cancellation of all or any portion of the Pilot Service made available to you. RJIL may take any other legal or technical action
RJIL deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them.
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Upon cancellation of your Services, we are authorised to delete any files, programs, data and email messages associated with your account/usage.
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RJIL reserves the right to amend this AUP and Privacy Policy at any time and notify you by communicating the changes to you on the contact details provided by you or in any other manner which signifies notification to you.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THE PILOT SERVICES ARE PROVIDED ON AN “AS-IS”
AND “WITH ALL FAULTS AND RISKS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED UNDER LAWS, RJIL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND THAT ACCESSING THE INTERNET OR
TELECOMMUNICATION SERVICES MAY BE HARMFUL OR CAUSE LOSSES, INJURY OR DAMAGES TO YOU AND OTHER
PEOPLE THAT MAY ACCESS PILOT SERVICE THROUGH YOU, OR YOUR EQUIPMENT AND OTHER TANGIBLE AND
INTANGIBLE PROPERTIES.